The Cableway Installations (Amendment) (EU Exit) Regulations 2019

Post-withdrawal continuity provision

50.  Before Article 47 insert—

“Article 46A Post-withdrawal continuity provision

1.   Paragraph 2 applies where, at any time before any technical standard has been adopted and designated as a designated standard in accordance with Article 3A—

(a) a subsystem or safety component has been assessed by a notified body in accordance with any of the EU conformity assessment procedures;

(b) an EU declaration of conformity has been drawn up in accordance with the EU Regulation in respect of that subsystem or safety component; and

(c) a CE marking has been affixed to that subsystem or safety component in accordance with the EU Regulation.

2.   Where this paragraph applies—

(a) a subsystem or safety component is to be treated as having been assessed in accordance with the equivalent conformity assessment procedure in Chapter 3 of this Regulation; and

(b) the EU declaration of conformity and the CE marking are to be treated for the purposes of this Regulation and any other enactment relating to cableway installations as if they were respectively a declaration of conformity under this Regulation and a UK marking.

3.   In this Article—

(a) “CE marking” has the same meaning as in Article 3(27) of the EU Regulation;

(b) “EU conformity assessment procedures” means the procedures provided for under Article 18(2) of the EU Regulation;

(c) “EU declaration of conformity” has the same meaning as in the EU Regulation;

(d) “notified body” means a body notified to the Commission under Article 22 of the EU Regulation.”.