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

Insertion of regulation 2A E+W+S

3.  After regulation 2 insert—

“Transitional provision in relation to EU Exit

2A.— (1) In this regulation—

“pre-exit period” means the period beginning with 19th August 2011 and ending immediately before [F1 IP completion day];

“product” means a toy to which these Regulations apply.

(2) Subject to paragraphs (3) and (4), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 15 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 M1 , any obligation or prohibition to which a person was subject under these Regulations as they had effect immediately before [F1 IP completion day], continues to have effect as it did immediately before [F1 IP completion day], in relation to that product.

(3) Paragraph (2) does not apply to—

(a) any obligation of any enforcement authority to inform the European Commission or the member States of any matter; or

(b) any obligation to take action outside of the United Kingdom in respect of that product.

(4) Where an EC-type examination was issued in relation to a product to which paragraph (2) applies references to “Type examination” in regulations 22 and 45 are to be read as referring to an EC-type examination referred to in regulation 44 as it had effect immediately before [F1 IP completion day].

(5) Where during the pre-exit period—

(a) a product has not been placed on the market; and

(b) a manufacturer has taken any action under regulations 11 to 13 as they had effect immediately before [F1 IP completion day] in relation to that product,

that action has effect as if it had been done under regulations 11 to 13 as they have effect on and after [F1 IP completion day].”.

Textual Amendments

F1 Words in Sch. 15 para. 3 substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(e)(i)

Commencement Information

I1 Sch. 15 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2019/696.