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

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Interpretation of Part 12U.K.

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77.  In this Part—

construction product” and “economic operator” have the same meaning as in the 2011 Regulation as it had effect immediately before [F1IP completion day] ;

the Construction Products Directive” means 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 M1;

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 M2 as it has effect in EU law as amended from time to time;

make available on the market” means the supply of a construction product for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge (and related expressions must be construed accordingly);

manufacturer” has the same meaning as in the 2011 Regulation as it had effect immediately before [F1IP completion day] ;

market surveillance authority” means the Secretary of State or an enforcement authority as defined in the 2013 Regulations;

notified body” has the same meaning as in the 2011 Regulation as it had effect immediately before [F1IP completion day] ;

placing on the market” means the first making available of a construction product on the market (and related expressions must be construed accordingly);

pre-exit period” means the period beginning with 1 July 2013 and ending immediately before [F1IP completion day] ;

relevant certificate” means a certificate of constancy of performance of the construction product or a certificate of conformity of the factory production control;

UK notified body” means a body which the Secretary of State had before [F1IP completion day] notified to the European Commission and the member States, in accordance with Article 39 of the 2011 Regulation as it had effect immediately before [F1IP completion day] .

Textual Amendments

F1Words in Sch. 1 para. 77 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(n)

Commencement Information

I1Sch. 1 para. 77 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 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.

M2OJ L 88, 4.4.2011, p. 5–43.

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