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

Amendment to regulation 2 E+W+S

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 “aerial wheel” insert—

““approved body” has the meaning given to it in regulation 43;”;

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

(e) omit the definition of “competent national authority”;

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

““declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (declaration of conformity and UK marking);

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

(g) in the definition of the “Directive”, at the end insert “ (as it has effect immediately before [F1 IP completion day ]) ”;

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

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

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

[F2 ““importer” means a person who—

(a) is established in the United Kingdom and places a pyrotechnic article from a country outside of the United Kingdom on the market; or

(b) is established in Northern Ireland and places a pyrotechnic article on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;”];

[F3 (k) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”;]

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

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

[F4 (n) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”;]

(o) omit the definition of “registration number”;

(p) after the definition of “theatrical pyrotechnic article” insert—

““UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK registration number” means the number assigned to a pyrotechnic article by an approved body under paragraph 5(a) of Schedule 6 (operational obligations of approved bodies);

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;”.

(3) After paragraph (1) insert—

“(1A) Schedules 2A and 3A reproduce the provisions of Annexes II and III (respectively) to the Directive with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedule 2A and 3A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule.”.

(4) Omit paragraph (3).

Textual Amendments

F1 Words in Sch. 19 para. 2(2)(g) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(h)(i)

F2 Words in Sch. 19 para. 2(2)(j) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 11(2)

F3 Sch. 19 para. 2(2)(k) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(7)(a)

F4 Sch. 19 para. 2(2)(n) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(7)(b)

Commencement Information

I1 Sch. 19 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1