The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Insertion of regulation 12A E+W+S

7.  After regulation 12 insert—

“Obligations which are met by complying with obligations in the Directive

12A.— (1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b) “conformity assessment procedure” has the meaning given to it in Article 3(b).

(2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in [F1 Great Britain], a responsible person—

(a) ensures that the equipment satisfies the requirements of the Directive concerning noise emission in the environment;

(b) ensures that the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c) ensures that the technical documentation referred to in Article 14 and Annexes V to VIII, and any other records and correspondence relating to the relevant conformity assessment procedure set out in those provisions, are prepared in or translated into English;

(d) ensures that the equipment bears a CE marking and an indication of the guaranteed sound power level in accordance with Article 11;

(e) draws up an EC declaration of conformity, in accordance with Article 8; and

(f) ensures that the EC declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulation 7(2) and (3) are to be treated as being satisfied;

(b) regulations 7(4), 11, 12, 16(1), 17 and 18 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4); and

(c) regulation 10 does not apply.

(4) The modifications referred to in paragraph (3)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity referred to in Article 8(1);

(b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 8(3);

(c) any reference to “UK marking” is to be read as a reference to the CE marking; and

(d) for the purposes of regulation 16(1)—

(i) the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii) the reference to regulation 7(2)(d) is to be read as a reference to Article 8(1); and

(iii) the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

[F2 Expiry of regulation 12A

12B.— (1) Subject to paragraph (2), regulation 12A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 12A—

(a) any equipment which was placed on the market or put into service pursuant to regulation 12A may continue to be made available on the market on or after the expiry of regulation 12A;

(b) any obligation to which a person was subject under regulation 12A(2) in respect of equipment placed on the market or put into service pursuant to regulation 12A continues to have effect after the expiry of regulation 12A, in respect of that equipment.

Qualifying Northern Ireland Goods

12C.— (1) Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied.

(2) This paragraph applies where equipment is—

(a) qualifying Northern Ireland goods; and

(b) meets the requirements of regulation 16, as it applies in Northern Ireland.

(3) In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.”].

Textual Amendments

F1 Words in Sch. 8 para. 7 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 5(6)(a)

F2 Words in Sch. 8 para. 7 inserted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 5(6)(b)

Commencement Information

I1 Sch. 8 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1