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

Transitional provision in respect of market surveillance

72.—(1) Sub-paragraph (2) applies where a construction product was made available on the market of the United Kingdom during the pre-exit period and on or after exit day—

(a) the manufacturer is required, or becomes aware that another economic operator is required, under the EU Construction Products Regulation to take corrective measures in relation to products on the market of the EU, or to withdraw or recall products from that market, and, if the United Kingdom had remained a member State, this requirement would have extended to the product made available on the market of the United Kingdom; or

(b) any certificate in relation to the product is suspended or withdrawn, or restricted to the extent that it is no longer valid for that product, under Article 52(4) or (5) of the EU Construction Products Regulation.

(2) Where this sub-paragraph applies—

(a) the manufacturer must inform a market surveillance authority and any economic operator who made the product available on the market of the United Kingdom during the pre-exit period of the action referred to in sub-paragraph (1)(a) or (b) which is required, or has been taken, under the EU Construction Products Regulation;

(b) the manufacturer and any other economic operator who made the product available on the market of the United Kingdom during the pre-exit period must take any action required under Article 11(7), Article 13(7) or Article 14(4) of the 2011 Regulation as it had effect immediately before exit day.