82A.—(1) In this regulation—
“pre-exit period” means the period beginning with 20th April 2016 and ending immediately before IP completion day;
“product” means a civil explosive to which these Regulations apply.
(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 16 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.
(3) Paragraph (2) does not apply to—
(a)any obligation of any enforcing authority to inform the European Commission or the member States of any matter; or
(b)any obligation to take action outside of the market in respect of that product.
(4) 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 regulation 40 as it had effect immediately before IP completion day in relation to that product
that action has effect as if it had been done under regulation 40 as it had effect on and after IP completion day.
[F2(5) Subject to paragraph (6), where before 11pm on 31st December 2024—
(a)a product has not been placed on the market; and
(b)a manufacturer has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 20 of the Directive
that action has effect as if it had been done under the applicable conformity assessment procedure referred to in regulation 66.
(6) Paragraph (5) does not apply—
(a)after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and
(b)in any event, after 31st December 2027.]]
Textual Amendments
F1Reg. 82A inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 29 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(f)(v)); 2020 c. 1, Sch. 5 para. 1(1)