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

Transitional provision in respect of market surveillance U.K.

71.—(1) Subject to the modifications in sub-paragraph (3), where a construction product was made available on the market of [F1 Great Britain] during the pre-exit period, despite the amendments made by this Schedule, any obligation to which a market surveillance authority, or the United Kingdom as a member State, was subject under the specified provisions of the 2011 Regulation as they had effect immediately before [F2 IP completion day], continues to have effect as it did immediately before [F2 IP completion day], in relation to that product.

(2) The “specified provisions” are—

(a) Article 56(1);

(b) the first subparagraph of Article 56(4);

(c) Article 58(1);

(d) Article 59.

(3) The modifications are that—

(a) in Article 56(1)—

(i) the requirement on a market surveillance authority—

(aa) to carry out an evaluation is also to apply where the authority takes action under Article 20 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 as it has effect in the United Kingdom [F3 in respect of Great Britain] on or after exit day;

(bb) to inform the notified body is only to apply where it is a UK notified body;

(ii) the reference to Article 21 of Regulation (EC) No 765/2008 is to be read as a reference to that Regulation as it has effect in the United Kingdom [F3 in respect of Great Britain] on or after [F4 IP completion day] ;

(b) any obligation on the United Kingdom as a member State is to be read as an obligation on a market surveillance authority;

(c) in the first subparagraph of Article 56(4), the reference to “provisional” is to be read as if it were omitted.

Textual Amendments

F1 Words in Sch. 1 para. 71(1) 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. 15(a)

F2 Words in Sch. 1 para. 71(1) 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(h)

F3 Words in Sch. 1 para. 71(3)(a) 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. 15(b)

F4 Words in Sch. 1 para. 71(3) 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(h)

Commencement Information

I1 Sch. 1 para. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1