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 “the 1987 Act” insert—

““approved body” has the meaning given to it in regulation 46 (approved bodies);”;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(g) before the definition of “conformity assessment body” insert—

““commencement date” means the date these regulations come into force;”;

(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 regulation 42 by regulation 10(1)(a) ( declaration of conformity);

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

(i) for the definition of “electromagnetic disturbance” substitute—

““electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;”;

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

(k) omit the definition of “European Commission”;

(l) for the definition of “harmful interference” substitute—

““harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;”;

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

(n) before the definition of “importer” insert—

“the Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1354 specifying how to present the information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the Council;”;

[F2 (o) for the definition of “importer” substitute—

“importer” means a person who—

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

(b) is established in Northern Ireland and places radio equipment 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 (p) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”;]

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

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

(s) omit the definition of “Official Journal”;

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

[F5 (u) in the definition of “put into service” for “the EU” substitute “Great Britain”;]

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

““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;”.

(3) Omit paragraphs (3) and (6).

Textual Amendments

F1 Sch. 29 para. 2(2)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of 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. 3(m)

F2 Sch. 29 para. 2(2)(o) 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. 21(2)

F3 Sch. 29 para. 2(2)(p) 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(17)(a)

F4 Sch. 29 para. 2(2)(t) 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(17)(b)

F5 Sch. 29 para. 2(2)(u) 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(17)(c)

Commencement Information

I1 Sch. 29 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