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

Amendment to regulation 2

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

(2) In paragraph (1)—

(a) omit the definition of “accreditation”;

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

(c) after the definition of “active electrical energy meter”, insert—

““approved body” has the meaning given to it in regulation 53 (approved bodies);”;

(d) for the definition of “authorised representative”, substitute—

““authorised representative” means—

(a)

a person who—

(i)

immediately before exit day was established in the United Kingdom or an EEA state and was appointed by written mandate to perform specified tasks for that manufacturer, in accordance with regulation 15, as it had effect immediately before exit day; and

(ii)

on or after exit day continues to be so established and appointed by the manufacturer to perform those tasks; or

(b)

a person who, on or after exit day is appointed in accordance with regulation 15;”;

(e) omit the definition of “CE marking”;

(f) omit the definition of “Commission”;

(g) in the definition of “conformity assessment” before “measuring” insert “regulated”;

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

““declaration of conformity” means a declaration of conformity required to be drawn up in accordance with chapter 3 of Part 4;

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

“design examination certificate” means a design certificate issued by an approved body in accordance with Module H1 in Schedule 1B ”;

(i) omit the definition of “dimensional measuring instrument”;

(j) in the definition of “distributor” before “measuring” insert “regulated”;

(k) in the definition of “essential requirements”—

(i) before “measuring” insert “regulated”;

(ii) for “1”, substitute “1A and 1C to 1J”;

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

(m) omit the definition of “EU-design examination certificate”;

(n) omit the definition of “EU-type examination certificate”;

(o) in the definition of “exhaust gas analyser” before “measuring” insert “regulated”;

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

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

““importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

places a regulated measuring instrument from a country outside of the United Kingdom on the market;”;

(r) in the definition of “M marking”—

(i) before “measuring” insert “regulated”;

(ii) for “CE”, substitute “UK”;

(s) omit the definition of “measuring instrument”;

(t) in the definition of “make available on the market”—

(i) before “measuring” insert “regulated”;

(ii) for “European Economic Area” substitute, “United Kingdom”;

(u) in the definition of “manufacturer” insert “regulated” before “measuring” in each place it occurs;

(v) in the definition of “market surveillance authority”, omit from “and” to “EEA state”;

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

(x) omit the definition of “non-prescribed measuring instrument”;

(y) omit the definition of “notified body”;

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

(aa) omit the definition of “notifying authority”;

(bb) in the definition of “place on the market”—

(i) before “measuring” insert “regulated”;

(ii) for “European Economic Area”, substitute “United Kingdom”;

(cc) in the definition of “putting into use” insert “regulated” before “measuring”;

(dd) in the definition of “relevant conformity assessment procedure”—

(i) before “measuring” insert “regulated”;

(ii) for “Schedule 1”, substitute “Schedules 1C to 1J”;

(ee) in the definition of “relevant economic operator” insert “regulated” before “measuring” in both places it occurs;

(ff) omit the definition of “sub-assembly”;

(gg) in the definition of “taximeter” insert “regulated” before “measuring”;

(hh) in the definition of “technical specification” insert “regulated” before “measuring”;

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

““type examination certificate” means a type examination certificate issued by an approved body in accordance with Module B in Schedule 1B;

“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;”;

(jj) omit the definition of “thermal energy meter”;

(kk) omit the definition of “Union harmonisation legislation”;

(ll) omit the definition of “United Kingdom Accreditation Service”;

(mm) omit the definition of “volume conversion device”;

(nn) in the definition of “withdraw” insert “regulated” before “measuring” in both places it occurs.

(3) After paragraph (1) insert—

“(1A) Schedules 1A to 1J reproduce the provisions of Annexes I to V, VII to X and XII to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedules 1A to 1J is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.”.

(4) Omit paragraph (2).