[F1Transitional provision in relation to EU ExitE+W+S
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.]
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))