Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (Text with EEA relevance) (c. 425)

CHAPTER VIII U.K. TRANSITIONAL AND FINAL PROVISIONS

F1 Article 45 U.K. Penalties

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Textual Amendments

F1 Arts. 43-46 omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(41); 2020 c. 1, Sch. 5 para. 1(1)

F1 Article 46 U.K. Repeal

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Textual Amendments

F1 Arts. 43-46 omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(41); 2020 c. 1, Sch. 5 para. 1(1)

[F2 Article 47 U.K. Transitional provision in relation to EU exit

1. In this Article, “pre-exit period” means the period beginning with 21 April 2018 and ending immediately before IP completion day.

2. Subject to paragraph 3, where PPE was made available on the market during the pre-exit period, despite the amendments made by Schedule 35 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under Regulation 2016/425 (pre-exit), continues to have effect as it did immediately before IP completion day, in relation to that PPE.

3. Paragraph 2 does not apply to—

(a) any obligation of the enforcement authority to inform the European Commission or the member States of any matter, or

(b) any obligation to take action outside of the United Kingdom in relation to that PPE.

4. Where during the pre-exit period—

(a) PPE has not been placed on the market; and

(b) a manufacturer has taken any action under Article 8(2) of Regulation 2016/425 (pre-exit) with respect to carrying out the applicable conformity assessment procedure referred to in Article 19 of that Regulation,

that action has effect as if it had been done under Article 8(2) of this Regulation (with respect to carrying out the applicable conformity assessment procedure referred to in Article 19 of this Regulation).

[F3 5. Subject to paragraph 6, where before 11pm on 31st December 2024—

(a) PPE has not been placed on the market; and

(b) a manufacturer has taken any action under the conformity assessment procedure that applies to the PPE in accordance with Article 19 of Regulation 2016/425 (pre-exit)

that action has effect as if it had been done under the applicable conformity assessment procedure referred to in Article 19 of this Regulation.

6. Paragraph 5 does not apply—

(a) after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and

(b) in any event, after 31st December 2027.]]

Textual Amendments

F2 Art. 47 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(42) (as amended by S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(u)(vi)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 47(5)(6) inserted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 21(2)

F4 Article 48 U.K. Entry into force and application

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Textual Amendments

F4 Art. 48 omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(43); 2020 c. 1, Sch. 5 para. 1(1)