The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 No. 465

SCHEDULE 1 U.K. Amendments to the 2011 Regulation [F1 — Great Britain]

Textual Amendments

F1 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

PART 2 U.K. Amendments to Chapter 1

Amendment to Article 1 U.K.

[F2 2.   In Article 1 (subject matter), for “use of CE marking” substitute “use of UK marking, and in certain cases CE marking or CE marking accompanied by the UK(NI) indication,”.]

Textual Amendments

F2 Sch. 1 para. 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. 4

Commencement Information

I1 Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendments to Article 2 U.K.

3.—(1) Article 2 (definitions) is amended as follows.

(2) After paragraph 9, insert—

“9A.   ‘relevant enactment’ means any retained EU law which is derived from an EU instrument issued before [F3 IP completion day] harmonising the conditions for the marketing of products in the EU;

9B.   ‘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 M1 as it has effect in EU law as amended from time to time;.”

(3) In paragraph 10—

(a) for “harmonised”, in the second place it occurs, substitute “ designated ”;

(b) for “European” substitute “ UK ”.

(4) After paragraph 10, insert—

“10A.   ‘designated standard’ means a standard which is or becomes designated under Article 18B;

10B.   ‘standardisation mandate’ means a request to prepare a standard for the purposes of this Regulation;

10C.   ‘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;

10D.   ‘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;”.

(5) For paragraph 11, substitute—

“11.   ‘harmonised standard’ means a standard adopted by a European standardisation body, on the basis of a request issued by the European Commission;

11A.   ‘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 M2 as it has effect in EU law as amended from time to time;”.

(6) Omit paragraphs 12 and 13.

(7) After paragraph 13 (omitted by sub-paragraph (6)), insert—

“13A.   ‘TAB’ has the meaning given to it in Article 29(1) (designation, monitoring and evaluation of TABs);

13B.   ‘responsible TAB’ means the TAB which receives the request from the manufacturer to issue the UK Technical Assessment;

13C.   ‘relevant TAB’ means any TAB which is designated by the Secretary of State for the product area in question;

13D.   ‘UK Assessment Document’ means a document adopted by the responsible TAB for the purpose of issuing UK Technical Assessments;

13E.   ‘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;

13F.   ‘pre-exit European Assessment Document’ means:

(a) a European Assessment Document for which:

(i) a reference was published in the Official Journal of the European Union under Article 22 as it had effect immediately before [F4 IP completion day] ; and

(ii) the reference was not removed from publication before [F4 IP completion day] ; or

(b) 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 M3 which, immediately before [F4 IP completion day] , could be used for the purposes of issuing European Technical Assessments under this Regulation;”.

(8) In paragraph 15, for “harmonised” substitute “ designated ”.

(9) In paragraphs 16 and 17, for “Union” substitute [F5 “market of Great Britain”] .

(10) After paragraph 17, insert—

“17A.   ‘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;

17B.   ‘UK marking’ means the marking in the form published in accordance with Article 30(1) of RAMS;

17C.   ‘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 M4 as it has effect in EU law as amended from time to time;

[F6 17CA.   ‘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.]

17D.   ‘competent authority’ has the meaning prescribed by the Construction Products Regulations 2013;”.

[F7 (11) For paragraph 21, substitute—

“21.   ‘importer’ means any natural or legal person who—

(a) is established within the United Kingdom and places a construction product from a country outside of the United Kingdom on the market; or

(b) 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.”.]

(12) For paragraph 22, substitute—

“22.   ‘authorised representative’ means—

(a) a person who—

(i) immediately before [F8 IP completion day] was established in the United Kingdom or a member State and has received a written mandate from a manufacturer to perform specified tasks, in accordance with Article 12 as it had effect immediately before [F8 IP completion day] ; and

(ii) on or after [F8 IP completion day] continues to be so established and mandated to act on the manufacturer's behalf in relation to those tasks; or

(b) a person who on or after [F8 IP completion day] is appointed in accordance with Article 12;

22A.   ‘approved body’ has the meaning given to it in Article 39A (approved bodies);

22B.   ‘notified body’ means a body—

(a) which the Secretary of State had before [F8 IP completion day] notified to the European Commission and the member States, in accordance with Article 39 as it had effect immediately before [F8 IP completion day] ; and

(b) in respect of which no objections had been raised, in accordance with Article 48(5) as it had effect immediately before [F8 IP completion day] ;

22C.   ‘market surveillance authority’ has the meaning prescribed by the Construction Products Regulations 2013;”.

(13) In paragraph 25, for “Regulation (EC) No 765/2008” substitute “ RAMS ”.

(14) After paragraph 25, insert—

“25A.   ‘UK national accreditation body’ means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;”.

Textual Amendments

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

Commencement Information

I2 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

Marginal Citations

M1 OJ L 88, 4.4.2011, p. 5–43.

M2 OJ L 316, 14.11.2012, p. 12–33.

M3 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.

M4 OJ L 218, 13.8.2008, p. 30–47.

Amendments to Article 3 U.K.

4.—(1) Article 3 (basic requirements for construction works and essential characteristics of construction products) is amended as follows.

(2) In paragraph 1, for “and harmonised technical specifications” substitute “ , standards under Article 18A, and UK Assessment Documents ”.

(3) In paragraph 3—

(a) in the first subparagraph—

(i) for “harmonised”, in both places it occurs, substitute “ designated ”;

(ii) for “Commission shall, where appropriate and” substitute “ Secretary of State may, ”;

(iii) for “means of delegated acts” substitute “ regulations ”;

(b) in the second subparagraph—

(i) for “Where appropriate, the Commission shall” substitute “ The Secretary of State may ”;

(ii) for “means of delegated acts” substitute “ regulations ”.

Commencement Information

I3 Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1