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

Amendment to regulation 2E+W+S

This section has no associated Explanatory Memorandum

2.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a)in the definition of the “1994 Directive” at the end insert “ (as it has effect immediately before [F1IP completion day] ) ”;

(b)after the definition of the “1996 Regulations” insert—

““approved body” has the meaning given to it in regulation 42;”;

(c)omit the definition of “accreditation certificate”;

(d)in the definition of “attestation of conformity”—

(i)omit “EU”; and

(ii)for “CE” substitute “ UK ”;

F2(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)omit the definition of “CE Marking”;

(g)omit the definition of “competent national authority”;

(h)after the definition of “conformity assessment” insert—

““conformity assessment activities” means any activities connected with conformity assessment including calibration, testing, certification and inspection;”;

(i)after the definition of “conformity assessment body” insert—

““conformity assessment procedure” means a procedure referred to in regulation 39 (conformity assessment procedures);

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 7(1)(a) (declaration of conformity and UK marking);

“designated standard” has the meaning given to it in regulation 2A;”;

(j)for the definition of “equipment category” substitute—

““equipment category” means the classification of equipment, within each equipment group, specified in Schedule 1A to these Regulations;”;

(k)in the definition of “equipment-group I” for “as set out in Annex I of the ATEX Directive (as amended from time to time)” substitute “ as set out in Schedule 1A to these Regulations ”;

(l)in the definition of “equipment-group II” for “as set out in Annex I of the ATEX Directive (as amended from time to time)” substitute “ as set out in Schedule 1A to these Regulations ”;

(m)omit the definition of “EU declaration of conformity”;

(n)omit the definition of “European Commission”;

(o)omit the definition of “harmonised standard”;

(p)for the definition of “importer” substitute—

[F3““importer” means a person who—

(a)is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

(b)is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;”];

[F4(q)in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”;]

(r)omit the definition of “national accreditation body”;

(s)omit the definition of “notified body requirements”;

(t)omit the definition of “Official Journal”;

[F5(u)in the definition of “place on the market” for “EU market” substitute “market of Great Britain”;]

(v)in the definition of “putting into service” omit “within the EU market”;

(w)after the definition of “technical specification” insert—

““UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS.”.

(3) After paragraph (1) insert—

“(1A) Schedule 1A reproduces the provisions of Annex I to the ATEX Directive with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedule 1A is a reference to the equivalent provisions of Annex I to the ATEX Directive as set out in Schedule 1A.

(1C) Schedule 3A reproduces the provisions of Annexes III to IX to the ATEX Directive with amendments to correct deficiencies in retained EU law.

(1D) A reference to any provision of Schedule 3A is a reference to the equivalent provisions of Annex III to IX of the ATEX Directive.”.

(4) Omit paragraph (3).

(5) Omit paragraph (6).

Textual Amendments

F1Words in Sch. 25 para. 2(2)(a) 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(n)(i)

F3Words in Sch. 25 para. 2(2)(p) 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. 17(2)

Commencement Information

I1Sch. 25 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1