Brexit

The United Kingdom (UK) left the European Union (EU) on 31 January 2020.  Since this date, the UK and the EU are separate jurisdictions and there are different legislative requirements in place.

Of specific interest to the gases industry, the UK has in place its own legislation for the regulation of pressure equipment and transportable pressure equipment which are placed on the market in the UK.  There are additional requirements in place for Northern Ireland.

Currently we are in a ‘standstill period’ where existing EU legislation may still be used alongside the new UK legislation.  This standstill period will end on 31 December 2022.  From 1 January 2023 all pressure equipment or transportable pressure equipment placed on the market in the UK must comply with the appropriate UK legislation.

There are several other topics which are of interest to the gases industry, for which BCGA provides links to the relevant Government websites (below).

Government guidance is being updated, and BCGA will continue to monitor any changes and share key relevant information with members. The Government’s Transition Period webpage can be found here.

BCGA-CTA-icons_links

Transportable Pressure Equipment

Transportable pressure equipment is regulated by the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (as amended).

The UK is, and will remain, a signatory to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).

In the UK, the Competent Authority for transportable pressure equipment is the Department for Transport (DfT).

The changes post Brexit affect principally type approval and conformity assessment of transportable pressure equipment.  When placing transportable pressure equipment on the UK market, following successful conformity assessment by a GB Appointed Body, it will be marked with a ‘rho’ mark.

Additional information is available at:

 

BCGA-CTA-icons_developments-and-further-information

Pressure Equipment

Pressure equipment must comply with the Pressure Equipment (Safety) Regulations (as amended).

In the UK, the Competent Authority for pressure equipment is the Department for Business, Energy & Industrial Strategy (BEIS).

When placing pressure equipment on the UK market, following successful conformity assessment by a GB Approved Body, it will be marked with a ‘UKCA’ mark.

Additional information is available at:

BCGA Publications – FAQs
BEIS guidance on the PE(S)R
Using UKCA marking
Conformity assessment and accreditation
Placing manufactured goods on the market in Great Britain
Placing certain products on the Northern Ireland market
Placing manufactured goods on the EU market

Healthcare

The Medicines and Healthcare products Regulatory Agency (MHRA) is responsible for regulating the UK medical devices market.

Within the gases industry, valves in medical gas service are also classified as medical devices and, as such, they must comply with the conformity assessment requirements of The Medical Devices Regulations (as amended), as well as the requirements for transportable pressure equipment.

Currently we are in a ‘standstill period’ where existing EU legislation may still be used alongside the amended UK legislation.  This standstill period will end on 30 June 2023.  From 1 July 2023 medical devices placed on the market in the UK must comply with the appropriate UK legislation.

The MHRA provide guidance for:

Regulation of chemicals

The UK is currently establishing its own regulatory system for REACH. Defra own the regulation itself, with HSE acting as the operator of the policy and enforcer. Please see below for further information on this and other chemical regulations:

Standards

The British Standards Institute (BSI) has advised that its membership of the International Organisations for Standards ISO and IEC is unaffected by Brexit. Membership of the European Standards Organisations CEN and CENELEC will involve a transition period following Brexit to ensure that BSI can continue its membership of both organisations on a permanent basis.

Transport

The UK will continue to comply with existing legislation for the International carriage of dangerous goods. Road transport will comply with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations [SI 2009 N0. 1348] (as amended). It is expected that the UK Government will enact amendment Regulations to clarify this policy.