What are we going to do?
the UKIM The bill establishes a system whereby meeting the requirements of selling a given product in one part of the UK allows that product to be sold in other parts of the UK. The bill clarifies which set of regulations (English, Scottish, Welsh or Northern Ireland regulations) should apply for the purposes of regulatory compliance, which provides opportunities for traders and will be considered by regulators in the performance of their normal functions.
The application of the regulations in this context is to ensure that the new principles created by UKIM are implemented, can be operationalized, and there is an appropriate balance between the interests of consumers, businesses and regulators.
Part 1 of the bill does not introduce any new enforcement bodies, powers or sanctions, but rather builds on the enforcement provisions of existing goods regulations to ensure that enforcement of regulatory compliance takes into account the possibilities offered by the market access principles of mutual recognition and non-discrimination, and in so doing, gives effect to these principles.
Traders don’t have to rely on mutual recognition (or non-discrimination) – they can choose to sell products that comply with the regulations of the part of the UK in which they are sold. If they choose to rely on mutual recognition (or non-discrimination), the aim is for this to be demonstrated by traders and recognized by regulators in an effective and efficient manner.
How are we going to do it?
While you are familiar with the current enforcement regime, we want to make sure all traders are familiar with the concept of the bill.
We have therefore included powers to issue statutory directives. This guidance could cover how the existing implementing provisions for the regulation of goods apply to the market access principles of Part I of the draft law, including how this affects the roles and responsibilities of regulators and what it means for traders in terms of regulatory compliance.
We will provide advice to regulators on how to verify if a good is eligible for mutual recognition. This will be done by determining where the product was manufactured or imported, if they are to do so as part of their existing work.
This guidance will also provide further details on how traders can demonstrate that their products can benefit from mutual recognition and the existing documentation they can rely on to prove this. This will seek to use existing documentation to avoid imposing additional burdens on traders. For example, for goods coming from outside the UK, existing documents should specify the port of entry, which could indicate where a product has been imported.
Since place of production is a new legal concept in the bill, guidance will indicate how traders can demonstrate this through documentation.
The UK’s Internal Market Bill provides certainty to businesses, investors and consumers that internal trade will continue in a transparent manner after the end of the transition period. This guidance will help traders and regulators understand and use the market access principles set out in the bill.
Regulators monitor compliance with UK-wide legislation and decentralized legislation across the UK. Due to the principle of mutual recognition, regulators may in the future encounter products which do not appear to comply with the requirements applicable in a country of the United Kingdom. Regulators will therefore have to determine whether goods can benefit from the mutual recognition that allows goods to be sold in that country if they have been legally produced or imported into another country whose requirements they meet.
Who will the directive be disseminated to and what will it say?
The guidance could, for example, include information on what traders can rely on to show that goods are compliant if they wish to rely on mutual recognition, which regulatory rules apply and how to find them, which existing evidence might be appropriate to justify recourse to mutual recognition. the principles of market access and how the regulator of these products might be expected to apply the compliance requirements in their area.
The Secretary of State has the power to provide guidance on any matter relating to the principles of market access to the right audience. This is important so that the government can address issues with advice as they arise.
We will help regulators and traders understand the principles.
When and where will the guidance be published?
As a result of the Bill receiving Royal Assent, any guidance will be posted on the GOV.UK website as soon as possible for stakeholders to understand and use the Bill’s market access principles.
We will engage with all relevant stakeholders, including decentralized administrations, to ensure that all guidance is fit for purpose and disseminated appropriately to enable its effective use by traders and regulators.
Who will be responsible for enforcing the UK internal goods market?
The UK already has an effective enforcement regime in place which ensures that goods in a territory’s market comply with applicable regulatory requirements.
We will use existing regulators and their powers contained in existing product law to give effect to mutual recognition in the UK internal market.
Existing regulators have different responsibilities, for example, local authority trade standards may encounter goods sold on the principle of mutual recognition in the course of their work.
We have sought to strike an appropriate balance between the interests of consumers, businesses and regulators, and will therefore be guided by the existing enforcement regime for goods, already familiar to merchandise traders governed by Part I of the draft. of law.
Will additional labeling be necessary?
In order to avoid imposing additional burdens on traders, the bill does not oblige traders to use particular methods or labeling to demonstrate that their products benefit from the principle of mutual recognition.
Any indication would indicate the types of evidence that a trader might wish to use to demonstrate that their products benefit from the principle. The intention is that traders can use the existing documentation.