Product Compliance Requirements in Northern Ireland: An Overview

Despite the UK having left the European Union, certain EU product regulations and directives still apply to goods sold in Northern Ireland. In return, companies in Northern Ireland retain access to the EU single market.

In practice, this means that companies selling products in Northern Ireland may need to ensure compliance with EU requirements and stay up to date with new and updated regulatory requirements.

This guide addresses some common questions concerning the Northern Ireland Protocol, related agreements, and selling products in Northern Ireland.

What is the Northern Ireland Protocol?

The Northern Ireland Protocol is a part of the EU-UK Withdrawal Agreement, which sets the terms under which the UK would leave the EU. The protocol establishes the relationship between Northern Ireland, the EU and the rest of the UK – that is, Great Britain (England, Wales, and Scotland).

It ensures that certain EU regulations and directives (including their replacements and amendments) remain relevant for products sold in Northern Ireland even after the UK has left the EU. Among the different EU regulations and directives mentioned in the protocol, there are several that relate to product compliance.

This means that to sell products in Northern Ireland, you must comply with certain EU rules.

This is done to ensure that there is no need to perform physical checks on products that move from Northern Ireland to the EU.

According to a GOV.UK guidance page, companies that move products from Great Britain to Northern Ireland must provide documentation showing that the products:

a. Comply with applicable EU regulations, or

b. Are not intended to move outside Northern Ireland.

What is the Windsor Framework?

The Windsor Framework is an agreement between the UK and the EU that changes the way the Northern Ireland Protocol works since March 2023.

The agreement allows Northern Ireland goods to have easier access to the Great Britain market while maintaining access to the EU market as described in the Northern Ireland Protocol. For instance, the Windsor Framework removes export declarations for Northern Ireland goods entering Great Britain.

Additionally, under the Windsor Framework, products from Great Britain sent to Northern Ireland as the ultimate destination would go through fewer checks and controls. Conversely, if the ultimate destination is the EU, full checks and controls would apply (i.e. Great Britain sellers must demonstrate that they comply with the applicable EU rules).

Here are the key measures introduced by the framework:

a. The requirement for most export declarations for Northern Ireland goods moving to Great Britain is removed

b. Great Britain goods intended to stay in Northern Ireland have fewer checks and controls

c. Great Britain goods at risk of going to the EU are subject to full checks and controls

Do products have to comply with EU directives and regulations to be sold in Northern Ireland?

Yes, businesses that sell products in Northern Ireland are required to comply with certain EU directives and regulations, such as the General Product Safety Regulation, because of the Northern Ireland Protocol.

Note that for certain products, compliance with EU regulations and directives alone may not be enough to sell in Northern Ireland as they may be affected by additional requirements from UK legislation.

Specifically, the GOV.UK guidance on “Placing manufactured goods on the market in Northern Ireland” explains that there are three cases in which this can happen.

Products covered by national regulations

These are goods that are covered by national rules (non-harmonised) and, as such, must meet UK rules. Although the guidance does not provide a list of these goods, it links to a page that contains a list of product safety regulations, which also includes national rules.

“Old approach” products

Our understanding is that “Old approach” products (or goods) are products that are under the scope of regulations that do not follow the EU new legislative framework adopted in 2008, which is linked in the guidance page. The page explains that these goods are subject to special arrangements, even though EU rules continue to apply to them (excluding for aerospace goods).

The page list the following product categories:

• Chemical products
• Medicines
• Veterinary medicines
• Vehicles
• Aerospace products

Other goods

Additionally, the guidance page explains that there exist products that are subject to specific rules, such as:

• Medical devices
• Construction products
• Civil explosives
• Products requiring ecodesign and energy labelling
• Cosmetics
• Fertilisers

Do EU requirements apply to all or only some products?

The Northern Ireland Protocol contains a list of EU regulations that apply to Northern Ireland. For example, the protocol mentions the Toy Safety Directive 2009/48/EC as one of the EU rules that applies to Northern Ireland.

This means that products sold in Northern Ireland must meet the requirements of the Toy Safety Directive. Under the protocol, the application of the directive includes its amendments or replacements of the directive.

We noticed that the protocol covers most of the regulations that are relevant to consumer products. For example, it covers the General Product Safety Directive (which is now replaced by the General Product Safety Regulation), which applies to most consumer products.

However, as far as we know, the list of EU regulations in the protocol does not mention all EU product regulations. For example, we could not find Regulation (EU) 2019/945 on Unmanned Aircraft Systems.

As such, we cannot claim that the listed EU regulations cover “all products”.

Does this mean that products that only comply with UK regulations cannot be sold in Northern Ireland?

Yes, in general, this is true because products must comply with the applicable EU regulations listed in the Northern Ireland Protocol (including their amendments and replacements) to be sold in Northern Ireland.

For instance, a seller from Great Britain attempting to sell a toy product to Northern Ireland customers must make sure that it complies with the Toy Safety Directive and the Market Surveillance Regulation, among other applicable regulations.

Do products sold in Northern Ireland have to comply with EU GPSR?

Yes, products sold in Northern Ireland would have to comply with the General Product Safety Regulation. This is because the General Product Safety Regulation replaces the General Product Safety Directive, which is listed in the protocol, and Northern Ireland must follow the regulations and directives listed in the protocol (including their replacements and amendments).

Is CE marking accepted in Northern Ireland?

Yes, the CE marking is accepted in Northern Ireland. If your product is affected by EU regulations that require CE markings that are listed in the protocol, you must affix the CE marking to your product, packaging, and documentation, as required by the applicable directives and regulations.

Is CE marking the only mark that is needed to sell in Northern Ireland?

In most cases, the CE marking alone would be enough. However, where a product is affected by mandatory third-party conformity assessment requirements and a UK Approved Body performs the assessment (instead of an EU Notified Body), then the CE marking must be accompanied by the UKNI marking.

Can products sold in Northern Ireland also be sold in the rest of the UK?

You can sell Northern Ireland-compliant products in the rest of the UK only if the applicable regulations permit it. This is the case for many products with CE marking.

For instance, toys that can be sold in Northern Ireland according to the Toy Safety Directive can be sold in the rest of the UK without any additional approvals because the Toy (Safety) Regulations 2011 permit it (e.g., through Regulation 39AB).

However, it should not be assumed that if a product can be sold in Northern Ireland, it can also be sold in Great Britain. This is because there are specific requirements for certain products in Great Britain.

For example, when selling cosmetic products to Great Britain, the appointed responsible person located in the UK must notify UK authorities using the UK Submit Cosmetic Product Notifications (SCPN) service.

Do UK sellers outside of Northern Ireland have to appoint a responsible person to sell their products?

For most products, if your business is not based in either Northern Ireland or the EU, you must appoint a responsible person based in one of those two markets.

This is because most products would be affected by the Market Surveillance Regulation or the EU General Product Safety Regulation, which applies in Northern Ireland.

Can products with the UKCA marking alone be sold in Northern Ireland?

No, such products should be accompanied by CE marking, which may also be followed by UKNI marking. Note that the UKCA marking is a certification mark that shows that the product complies with the applicable UK regulations that require the mark.

Is UKNI marking mandatory in Northern Ireland?

The UKNI marking is required if the product supplied in Northern Ireland is:

a. Affected by a regulation that requires the product to be assessed by a third party (for example, toys for which harmonised standards have not been applied); and

b. A UK approved body carried out the conformity assessment, instead of an EU notified body

You need to use the UKNI marking alongside the EU conformity marking (e.g. CE marking). Note that products containing the UKNI marking can not be sold in the EU.

How do we demonstrate that products are not meant to move beyond Northern Ireland?

In this case, you must provide documentation to the HMRC showing that the products are not intended to move beyond Northern Ireland.

We found a guidance page on GOV.UK entitled “Moving goods you bring into Northern Ireland as ‘not at risk’ of moving to the EU” providing information about the requirements. It mentions the following documents:

• Receipts and invoices
• VAT invoices
• Contracts and purchase orders
• Consignment notes
• Proof of installation
• Electronic records

What are some examples of regulations covered by the Windsor Framework?

Here are some examples of covered regulations and directives:

• General Product Safety Directive 2001/95/EC
• Electromagnetic Compatibility Directive 2014/30/EU
• Low Voltage Directive 2014/35/EU
• Radio Equipment Directive 2014/53/EU
• Textile Labelling and Fibre Composition Regulation (EU) No 1007/2011
• Cosmetic Regulation (EC) No 1223/2009
• Toy Safety Directive 2009/48/EC
• REACH Regulation (EC) No 1907/2006
• Biocidal Products Regulation (EU) No 528/2012
• Food Contact Material Framework Regulation (EC) No 1935/2004
• Personal Protective Equipment Regulation (EU) 2016/425

The full list of covered regulations and directives can be found in Annex 2 of the Northern Ireland Protocol. Note that replacements and amendments made to the listed regulations and directives are also covered (e.g., the General Product Safety Regulation, which replaces the General Product Safety Directive).

What are some examples of product categories covered by the Windsor Framework?

Here are some examples of covered product categories:

• General consumer products (under the GPSR)
• Electronic products
• Toys and other children’s products
• Textile products
• Cosmetic products
• Biocidal products
• Food contact materials
• Personal protective equipment (PPE)

Do European EN standards apply in Northern Ireland?

Yes, EN standards apply in Northern Ireland. For instance, The Toy (Safety) Regulations 2011 mentions that, for Northern Ireland, toys that conform with EU harmonised standards (i.e., EN 71 standard series) are assumed to comply with the requirements of the regulations.

In general, products sold in Northern Ireland must comply with EU regulations. Some of these regulations, such as CE marking regulations, in turn, require compliance with the requirements of certain EN standards.

Note: Contains public sector information licensed under the Open Government Licence v3.0.