SCHEDULES

SCHEDULE 4Technical barriers to trade: use of relevant international standards

Section 19

Amendments of subordinate legislation

I11

In the Medical Devices Regulations 2002 (S.I. 2002/618), in regulation 3A (designated standard) (inserted by regulation 3(6) of the Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791))—

a

in paragraph (1)(a)(i), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I22

In the General Product Safety Regulations 2005 (S.I. 2005/1803), in regulation 6 (presumption of conformity)—

a

in paragraph (2), for the words from “voluntary” to “the product” substitute

standard (“S”) which—

a

is a voluntary national standard of the United Kingdom or a standard adopted by an international standardising body, and

b

meets the conditions in paragraph (2A),

the product

b

after paragraph (4) insert—

5

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

I33

In the Supply of Machinery (Safety) Regulations 2008 (S.I. 2008/1597), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 12 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I44

In the Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617), in regulation 2A (designated standards) (inserted by paragraph 3 of Schedule 1 to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I55

In the Toys (Safety) Regulations 2011 (S.I. 2011/1881), in regulation 3A (designated standard) (inserted by paragraph 5 of Schedule 15 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I66

In the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/3032), in regulation 2A (interpretation: designated standard) (inserted by regulation 18(3) of the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

in paragraph (3)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”;

c

for paragraph (7) substitute—

7

In this regulation—

a

“international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time);

b

a “recognised standardisation body” means any one of the following—

i

the European Committee for Standardisation (CEN);

ii

the European Committee for Electrotechnical Standardisation (Cenelec);

iii

the European Telecommunications Standards Institute (ETSI);

iv

the British Standards Institution (BSI).

I77

In the Explosives Regulations 2014 (S.I. 2014/1638), in regulation 2A (interpretation: designated standard) (inserted by paragraph 3 of Schedule 16 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I88

In the Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), in regulation 2A (interpretation: designated standard) (inserted by paragraph 3 of Schedule 19 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I99

In the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 20 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1010

In the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 21 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1111

In the Lifts Regulations 2016 (S.I. 2016/1093), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 22 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1212

In the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 23 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1313

In the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 24 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1414

In the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (S.I. 2016/1107), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 25 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1515

In the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 26 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1616

In the Measuring Instruments Regulations 2016 (S.I. 2016/1153), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 27 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1717

In the Recreational Craft Regulations 2017 (S.I. 2017/737), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I1818

In the Radio Equipment Regulations 2017 (S.I. 2017/1206), in regulation 2A (designated standard) (inserted by paragraph 3 of Schedule 29 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after paragraph (3) insert—

3A

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

Amendments of retained direct EU legislation

I1919

In Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast), in Article 2(3) (designated standard) (substituted by paragraph 3(i) of Schedule 34 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in subparagraph (1)(a), after “body” insert “ or an international standardising body ”;

b

after subparagraph (3) insert—

3A

In this paragraph “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in subparagraph (5)—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I2020

In Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, in Article 18B (designated standards) (inserted by paragraph 19 of Schedule 1 to the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465))—

a

in paragraph 1(a), after “body” insert “ or adopted by an international standardising body ”;

b

in paragraph 3, for “international standards” substitute “ , or any other, standards adopted by international standardising bodies ”;

c

after paragraph 9 insert—

10

In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

I2121

In the Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009, in Article 3A (designated standards) (inserted by regulation 16(5) of the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837))—

a

in paragraph 1(a), after “body” insert “ or an international standardising body ”;

b

after paragraph 3 insert—

3A

In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph 5—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I2222

In Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC, in Article 3A (designated standards) (inserted by regulation 15 of the Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347))—

a

in paragraph 1(a), after “Institution” insert “ or an international standardising body ”;

b

after paragraph 2 insert—

2A

Before publishing the reference number of a technical standard adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical standard is consistent with any standards adopted by international standardising bodies which the Secretary of State considers to be relevant.

c

after paragraph 5 insert—

6

In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

I2323

In 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, in Article 7A (designated standard) (inserted by paragraph 3(7) of Schedule 35 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph 1(a), after “body” insert “ or an international standardising body ”;

b

after paragraph 3 insert—

3A

In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph 5—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”

I2424

In Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC, in Article 6A (designated standard) (inserted by paragraph 2(7) of Schedule 36 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696))—

a

in paragraph 1(a), after “body” insert “ or an international standardising body ”;

b

after paragraph 3 insert—

3A

In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

c

in paragraph 5—

i

after “with” insert “ such ”;

ii

at the end insert “ or by international standardising bodies as the Secretary of State considers to be relevant. ”