OJ L 88, 4.4.2011, p. 5–43.
OJ L 316, 14.11.2012, p. 12–33.
OJ L 40, 11.2.1989, p. 12–26. Directive 89/106/EEC was repealed by Article 65 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing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. Article 66(3) of Regulation (EU) No 305/2011, as it has effect in EU law, provides that guidelines for European technical approval published before 1 July 2013 in accordance with Article 11 of Directive 89/106/EEC may be used as European Assessment Documents.
OJ L 218, 13.8.2008, p. 30–47.
Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Words in Sch. 1 heading inserted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 2
Words in Sch. 1 para. 3(2) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(a)
Words in Sch. 1 para. 3(7) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(b)
Words in Sch. 1 para. 3(12) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(c)
Words in Sch. 1 para. 3(9) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 5(a)
Words in Sch. 1 para. 3(10) inserted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 5(b)
Sch. 1 para. 3(11) substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 5(c)
Article 2 (definitions) is amended as follows.
After paragraph 9, insert—
‘relevant enactment’ means any retained EU law which is derived from an EU instrument issued before ‘the EU Construction Products Regulation’ means 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 paragraph 10—
for “harmonised”, in the second place it occurs, substitute
for “European” substitute
After paragraph 10, insert—
‘designated standard’ means a standard which is or becomes designated under Article 18B; ‘standardisation mandate’ means a request to prepare a standard for the purposes of this Regulation; ‘recognised standardisation body’ means the British Standards Institution or such other body as the Secretary of State may, in addition, by notice in writing recognise as a standardisation body for the purposes of this Regulation; ‘coexistence period’ means the period during which a manufacturer may choose to use a designated standard to make a declaration of performance for a construction product covered by it;
For paragraph 11, substitute—
‘harmonised standard’ means a standard adopted by a European standardisation body, on the basis of a request issued by the European Commission; ‘European standardisation body’ means a body listed in Annex 1 to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council
Omit paragraphs 12 and 13.
After paragraph 13 (omitted by sub-paragraph (6)), insert—
‘TAB’ has the meaning given to it in Article 29(1) (designation, monitoring and evaluation of TABs); ‘responsible TAB’ means the TAB which receives the request from the manufacturer to issue the UK Technical Assessment; ‘relevant TAB’ means any TAB which is designated by the Secretary of State for the product area in question; ‘UK Assessment Document’ means a document adopted by the responsible TAB for the purpose of issuing UK Technical Assessments; ‘UK Technical Assessment’ means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective UK Assessment Document; ‘pre-exit European Assessment Document’ means: a European Assessment Document for which: a reference was published in the Official Journal of the European Union under Article 22 as it had effect immediately before the reference was not removed from publication before guidelines published before 1 July 2013 under Article 11 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products
In paragraph 15, for “harmonised” substitute
In paragraphs 16 and 17, for “Union” substitute
After paragraph 17, insert—
‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93; ‘UK marking’ means the marking in the form published in accordance with Article 30(1) of RAMS; ‘CE marking’ means the marking presented in Annex 2 to Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ‘CE marking accompanied by the UK(NI) indication’ means CE marking (as defined above) accompanied by the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. ‘competent authority’ has the meaning prescribed by the Construction Products Regulations 2013;
For paragraph 21, substitute—
‘importer’ means any natural or legal person who— is established within the United Kingdom and places a construction product from a country outside of the United Kingdom on the market; or is established in Northern Ireland and places a construction product 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.
For paragraph 22, substitute—
‘authorised representative’ means— a person who— immediately before on or after a person who on or after ‘approved body’ has the meaning given to it in Article 39A (approved bodies); ‘notified body’ means a body— which the Secretary of State had before in respect of which no objections had been raised, in accordance with Article 48(5) as it had effect immediately before ‘market surveillance authority’ has the meaning prescribed by the Construction Products Regulations 2013;
In paragraph 25, for “Regulation (EC) No 765/2008” substitute
After paragraph 25, insert—
‘UK national accreditation body’ means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;