The Product Safety and Metrology etc. (Amendment) Regulations 2024

Amendment to the Explosives Regulations 2014

9.—(1) The Explosives Regulations 2014(1) are amended as follows.

(2) In regulation 2(1), in the definition of “the Directive” omit “(as it has effect immediately before IP completion day)”.

(3) In regulation 64A—

(a) in paragraphs (2) and (4) omit “Subject to paragraphs (6) and (7),”;

(b) omit paragraphs (6) and (7).

(4) For regulation 64C, substitute—

“Further use of the UK marking

64C.— (1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b) “harmonised standard” has the meaning given to it in Article 2(16).

(2) Paragraph (3) applies where, before placing a civil explosive on the market, the manufacturer—

(a) ensures that the civil explosive has been designed and constructed in accordance with the essential safety requirements set out in Annex II;

(b) ensures that the relevant conformity assessment procedures that apply to that civil explosive in accordance with Article 20 have been carried out;

(c) draws up the technical documentation referred to in Annex III; and

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 39 and 40 are to be treated as being satisfied;

(b) regulations 65, 66 and 68(3) and (4) and paragraph 12(1)(b) of Schedule 12 do not apply;

(c) regulations 41 to 43, 47 to 49, 52, 57, 60 and 64(1), (3) and (4) are to be read subject to the modifications in paragraph (4);

(d) regulation 67 and Schedule 18 are to be read subject to the modifications in paragraphs (4) and (5).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements as set out in Annex II;

(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure referred to in Article 20;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.

(5) The modifications referred to in paragraph (3)(d) are that—

(a) in regulation 67(b) the reference to “Schedule 17” is to be read as a reference to Annex III;

(b) in Schedule 18—

(i) in paragraph 5 the reference to “relevant statutory requirements” is to be read as including the Directive;

(ii) in paragraph 7 the reference to “approved body” is to be read as a reference to any body that undertook any conformity assessment procedure in accordance with Article 20.”.

(1)

S.I. 2014/1638; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2016/315, S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393; there are other amending instruments but none is relevant.