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Toy Trade Regulation Changes in the UK Market Following Brexit

1. Toys that have arrived in the UK are not affected by Brexit

Toys that have arrived in the UK before Brexit and meet the European Toy Safety Regulations can continue to circulate in the market indefinitely; Toys that arrive in the UK after Brexit and meet EU regulatory requirements can continue to circulate until 2020 December 31.

2. British toy safety regulations will replace EU toy safety directives

After the United Kingdom withdrew from the European , the toy regulatory requirements implemented in the British market will be changed from the EU Toy Safety Directive (regulation number 2009/48 / EC) to the revised British Toy (Safety) Regulation (title changed to 2011 No.1881). EU-specific reference materials and content in the regulations have been d and replaced with British equivalents. The revised British Toy (Safety) Regulations will be implemented after the transition period of Brexit.

3.The UKCA certification mark will replace the CE certification mark

UKCA (UK Conformity Assessed) is a new product certification mark proposed by the United Kingdom following Brexit. From the date of Brexit, the packaging and labels of any toy products placed on the British market are required to add the UK certified UKCA mark. In other words, the UKCA certification mark will replace the CE certification mark and require that it be added to the product packaging after the Brexit transition period. The certification mark must be at least 5 mm high, clearly visible and highly recognizable. At present, the relevant British government departments are discussing whether the EU CE certification mark may be extended in the UK till August 1, 2021 or longer.

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Notes:

The CE mark is a compliance mark issued by the European  for 25 categories of products regarding mandatory requirements for safety, effectiveness, health, and environmental protection. Products can be sold in the European Economic Area (EEA) only if they meet all legal requirements related to the CE mark. After the end of the Brexit transition period, the notified body located in the UK may lose its certification qualification and the CE mark certificates issued by the notified body in UK may become invalid. Manufacturers cannot use these certificates to sell their products in the European Economic Area.

UKCA (UK Conformity Assessed) is a new product mark proposed by the United Kingdom following Brexit. Most of the products under the original CE certification range will be transferred to the UKCA certification scope in the future. After the transition period of Brexit, UKCA certification will be required for certain products to enter the UK market.

4. Toy products need to have a traceable UK address to enter the UK market

After the end of the Brexit transition period, any toy product placed on the British market shall be required to have a traceable UK address on the product packaging and label. However, during the transition period, the EU region address can still be used.

If a toy supplier does not have a UK address, there are several options to obtain a UK traceability address:

 (1) Find an “authorized representative” in the United Kingdom and sign a written power of attorney specifying the key responsibilities that must be performed between the manufacturer and the authorized representative. The authorized representative provides the UK address and contact information for UK traceability requirements on product packaging.

(2) You may also use the UK address of your distributor or importer, but this way they will take more responsibility and will require you to provide more technical documents and EU Declaration of Conformity.

5.Products allowed in the EU market cannot enter the UK market directly

After Brexit, products in the EU market is no longer automatically regarded as allowed in the British market. Products entering the UK market have to be approved by the British law enforcement authorities for their legal status. However, during the transitional period of Brexit, products manufactured and evaluated in accordance with EU regulatory requirements can enter the UK market, and products already on the market can continue to circulate in the UK market. The government is still discussing how to deal with these commodities that are still in circulation after the transition period ends.

6.UKAS will no longer be recognized by the European

British Certification Service (UKAS) is a national certification body recognized by the British and EU governments. UKAS evaluates products according to internationally recognized standards and provides certification, testing, inspection and calibration services. After Brexit, UKAS will no longer be recognized by the European , but continues to be a UK-accredited certification body. However, during the transitional period of Brexit, the European Certification Cooperation Organization (EA) confirmed that UKAS can continue to perform EU certification services.

7. Intellectual property and copyright applications and protection will not be affected during the transitional period of Brexit

During the transitional period of Brexit, if you have applied for EU intellectual property and copyright protection, you will enjoy the same British intellectual property and copyright protection rights. If you plan to apply for EU intellectual property protection after December 31, 2020, you will need to apply for intellectual property and copyright in the EU and the United Kingdom respectively.

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