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The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

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Amendments to Article 2U.K.

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3.—(1) Article 2 (definitions) is amended as follows.

(2) After paragraph 9, insert—

9A.  ‘relevant enactment’ means any retained EU law which is derived from an EU instrument issued before [F1IP completion day] harmonising the conditions for the marketing of products in the EU;

9B.  ‘the EU Construction Products Regulation’ means Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC M1 as it has effect in EU law as amended from time to time;.

(3) In paragraph 10—

(a)for “harmonised”, in the second place it occurs, substitute “ designated ”;

(b)for “European” substitute “ UK ”.

(4) After paragraph 10, insert—

10A.  ‘designated standard’ means a standard which is or becomes designated under Article 18B;

10B.  ‘standardisation mandate’ means a request to prepare a standard for the purposes of this Regulation;

10C.  ‘recognised standardisation body’ means the British Standards Institution or such other body as the Secretary of State may, in addition, by notice in writing recognise as a standardisation body for the purposes of this Regulation;

10D.  ‘coexistence period’ means the period during which a manufacturer may choose to use a designated standard to make a declaration of performance for a construction product covered by it;.

(5) For paragraph 11, substitute—

11.  ‘harmonised standard’ means a standard adopted by a European standardisation body, on the basis of a request issued by the European Commission;

11A.  ‘European standardisation body’ means a body listed in Annex 1 to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council M2 as it has effect in EU law as amended from time to time;.

(6) Omit paragraphs 12 and 13.

(7) After paragraph 13 (omitted by sub-paragraph (6)), insert—

13A.  ‘TAB’ has the meaning given to it in Article 29(1) (designation, monitoring and evaluation of TABs);

13B.  ‘responsible TAB’ means the TAB which receives the request from the manufacturer to issue the UK Technical Assessment;

13C.  ‘relevant TAB’ means any TAB which is designated by the Secretary of State for the product area in question;

13D.  ‘UK Assessment Document’ means a document adopted by the responsible TAB for the purpose of issuing UK Technical Assessments;

13E.  ‘UK Technical Assessment’ means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective UK Assessment Document;

13F.  ‘pre-exit European Assessment Document’ means:

(a)a European Assessment Document for which:

(i)a reference was published in the Official Journal of the European Union under Article 22 as it had effect immediately before [F2IP completion day] ; and

(ii)the reference was not removed from publication before [F2IP completion day] ; or

(b)guidelines published before 1 July 2013 under Article 11 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products M3 which, immediately before [F2IP completion day] , could be used for the purposes of issuing European Technical Assessments under this Regulation;.

(8) In paragraph 15, for “harmonised” substitute “ designated ”.

(9) In paragraphs 16 and 17, for “Union” substitute [F3“market of Great Britain”] .

(10) After paragraph 17, insert—

17A.  ‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

17B.  ‘UK marking’ means the marking in the form published in accordance with Article 30(1) of RAMS;

17C.  ‘CE marking’ means the marking presented in Annex 2 to Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 M4 as it has effect in EU law as amended from time to time;

[F417CA.  ‘CE marking accompanied by the UK(NI) indication’ means CE marking (as defined above) accompanied by the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.]

17D.  ‘competent authority’ has the meaning prescribed by the Construction Products Regulations 2013;.

[F5(11) For paragraph 21, substitute—

21.  ‘importer’ means any natural or legal person who—

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

(b)is established in Northern Ireland and places a construction 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..]

(12) For paragraph 22, substitute—

22.  ‘authorised representative’ means—

(a)a person who—

(i)immediately before [F6IP completion day] was established in the United Kingdom or a member State and has received a written mandate from a manufacturer to perform specified tasks, in accordance with Article 12 as it had effect immediately before [F6IP completion day] ; and

(ii)on or after [F6IP completion day] continues to be so established and mandated to act on the manufacturer's behalf in relation to those tasks; or

(b)a person who on or after [F6IP completion day] is appointed in accordance with Article 12;

22A.  ‘approved body’ has the meaning given to it in Article 39A (approved bodies);

22B.  ‘notified body’ means a body—

(a)which the Secretary of State had before [F6IP completion day] notified to the European Commission and the member States, in accordance with Article 39 as it had effect immediately before [F6IP completion day] ; and

(b)in respect of which no objections had been raised, in accordance with Article 48(5) as it had effect immediately before [F6IP completion day] ;

22C.  ‘market surveillance authority’ has the meaning prescribed by the Construction Products Regulations 2013;.

(13) In paragraph 25, for “Regulation (EC) No 765/2008” substitute “ RAMS ”.

(14) After paragraph 25, insert—

25A.  ‘UK national accreditation body’ means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;.

Textual Amendments

F1Words in Sch. 1 para. 3(2) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(a)

F2Words in Sch. 1 para. 3(7) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(b)

F3Words in Sch. 1 para. 3(9) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 5(a)

F4Words in Sch. 1 para. 3(10) inserted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 5(b)

F5Sch. 1 para. 3(11) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 5(c)

F6Words in Sch. 1 para. 3(12) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(c)

Commencement Information

I1Sch. 1 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

M1OJ L 88, 4.4.2011, p. 5–43.

M2OJ L 316, 14.11.2012, p. 12–33.

M3OJ L 40, 11.2.1989, p. 12–26. Directive 89/106/EEC was repealed by Article 65 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products. Article 66(3) of Regulation (EU) No 305/2011, as it has effect in EU law, provides that guidelines for European technical approval published before 1 July 2013 in accordance with Article 11 of Directive 89/106/EEC may be used as European Assessment Documents.

M4OJ L 218, 13.8.2008, p. 30–47.

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