The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

Transitional provision in respect of market surveillance

71.—(1) Subject to the modifications in sub-paragraph (3), where a construction product was made available on the market of the United Kingdom during the pre-exit period, despite the amendments made by this Schedule, any obligation to which a market surveillance authority, or the United Kingdom as a member State, was subject under the specified provisions of the 2011 Regulation as they had effect immediately before exit day, continues to have effect as it did immediately before exit day, in relation to that product.

(2) The “specified provisions” are—

(a) Article 56(1);

(b) the first subparagraph of Article 56(4);

(c) Article 58(1);

(d) Article 59.

(3) The modifications are that—

(a) in Article 56(1)—

(i) the requirement on a market surveillance authority—

(aa) to carry out an evaluation is also to apply where the authority takes action under Article 20 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 as it has effect in the United Kingdom on or after exit day;

(bb) to inform the notified body is only to apply where it is a UK notified body;

(ii) the reference to Article 21 of Regulation (EC) No 765/2008 is to be read as a reference to that Regulation as it has effect in the United Kingdom on or after exit day;

(b) any obligation on the United Kingdom as a member State is to be read as an obligation on a market surveillance authority;

(c) in the first subparagraph of Article 56(4), the reference to “provisional” is to be read as if it were omitted.