Retained EU Law (Revocation and Reform) Bill

 Written evidence submitted by the United Kingdom Accreditation Service (UKAS) (REULB72)

Retained EU Law (Revocation and Reform) Bill – Call for Evidence

Introduction

1. This letter is the response of the United Kingdom Accreditation Service, UKAS, to the above Call for Evidence from the Public Bill Committee. UKAS consents to the information provided in this submission to be published as needed. More information on the role and work of UKAS as the National Accreditation Body can be found at the end of this submission.

2. UKAS welcomes the call for evidence on the Retained EU Law (Revocation and Reform) Bill. We recognise the importance of reviewing the suitability of retained EU law for the UK’s post-Brexit regulatory landscape.

3. In this submission, UKAS sets out considerations for the Bill Committee with regard to the value of standards and accreditation in the exercise of reviewing and updating retained EU law.

Retained EU law exercise – the role of standards and accredited conformity assessment

4. UKAS is concerned that a blanket expiration of REUL by the end of 2023 would remove safeguards for products and services on the UK market that are delivered, in part, by standards and accredited conformity assessment. Legislation covering issues such as product safety, eco-design, electronic transactions, food security and processing and medical devices all contain assurance safeguards for the health, safety and wellbeing of consumers and other users.

5. UKAS suggests consideration is given to the possible effects on UK trade, both within the UK’s internal market and with other countries, of proposals for the withdrawal or expiration of REUL. Creating regulatory policy that uses the UK’s national quality infrastructure of standards, measurement and of accredited conformity assessment, which is recognised globally through the multilateral agreements within IAF [1] and ILAC [2] , reduces technical barriers to trade, for example by removing the need for unnecessary duplicative testing or certification. Repealing REUL without the recognition of possible impacts on standards and conformity assessment may negatively impact the ability of the UK to maintain its international regulatory cooperation ambitions and to meet the WTO’s Technical Barriers to Trade Agreement requirements. A lack of consistency in the removal of REUL between the UK government and devolved administrations may create barriers within the UK internal market and may reduce the ability of UKAS to operate effectively as the National Accreditation Body.

6. UKAS stresses the importance for markets, for consumers and for other end users of maintaining reliable assurance mechanisms as part of the delivery of regulatory policy. Standards and accredited conformity assessment can provide continuity for businesses as regulation transitions from REUL.

7. Continuity provided by the maintenance of approaches that contain standards and accredited conformity assessment aligns with government’s regulatory principles, as set out in the "Benefits of Brexit" document from early 2022, for example "proportionality" and "leading from the front". Standards and accredited conformity assessment facilitate outcome-based policy delivery and the creation of regulation only where essential.

Background on UKAS

8. UKAS is the only national body recognised by government for the accreditation, against recognised international standards, of organisations providing calibration, testing, certification, inspection and medical diagnostic services (conformity assessment bodies). UKAS is a not-for-profit, private company limited by guarantee, appointed as the National Accreditation Body by the Accreditation Regulations 2009, and operates under a Memorandum of Understanding with the Secretary of State for Business, Energy and Industrial Strategy, on behalf of government.

9. UKAS is a world-leading innovator in accreditation services. Our accreditation activities and development projects range from physiological diagnostic services, forensics and bio banking to nuclear new build, energy management systems and building information modelling.

10. UKAS is an integral part of the UK’s National Quality Infrastructure. The assurance and confidence provided by UKAS, the British Standards Institution and the National Physical Laboratory as the core components of the UK’s NQI provide a high-quality framework for measurement, standards, testing, certification and accreditation services. This has been instrumental in underpinning the innovative development, productivity and competitiveness of products and services in the UK and beyond.

11. UKAS is a highly active and influential member of IAF, ILAC and, within the European region, the European co-operation for Accreditation.

Yours faithfully,

Richard Collin

External Affairs Director

UKAS

November 2022