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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, Section 72A is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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72A.—(1) In this regulation—
“pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day;
(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 25 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.
(3) Paragraph (2) does not apply to—
(a)any obligation of any enforcing authority to inform the European Commission or the member States of any matter; or
(b)any obligation to take action outside of the market in respect of that product.
(4) Where during the pre-exit period—
(a)a product has not been placed on the market; and
(b)a manufacturer has taken any action under regulation 38 as it had effect immediately before IP completion day in relation to that product,
that action has effect as if it had been done under regulation 38 as it had effect on and after IP completion day.
[F2(5) Subject to paragraph (6), where before 11pm on 31st December 2024—
(a)a product has not been placed on the market or put into service; and
(b)a manufacturer has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 13 of the ATEX Directive
that action has effect as if it had been done under the applicable conformity assessment procedure referred to in regulation 39.
(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
F1Reg. 72A inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 34 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(n)(vi))
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