The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Amendment to regulation 2 E+W+S

2.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “compliance mark”;

(b) for the definition of “relevant aerosol dispenser” substitute—

““relevant aerosol dispenser” means an aerosol dispenser which does not have a maximum capacity of—

(a) less than 50ml; or

(b) greater than that specified—

(i) in point 3.1 of Schedule 1A, in relation to metal aerosol dispensers (1000ml);

(ii) in point 4.1.1 of Schedule 1A, in relation to aerosol dispensers with plastic coated or permanently protected glass containers or plastic aerosol dispensers which cannot splinter on bursting (220ml); or

(iii) in point 4.2.1 of Schedule 1A, in relation to aerosol dispensers with unprotected glass containers or plastic aerosol dispensers which may splinter on bursting (150ml);”.

(c) after the definition of “relevant aerosol dispenser” insert—

““UK marking” means the marking in the form set out in Annex 2 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.”.

(3) After paragraph (1) insert—

“(1A) Schedule 1A reproduces the provisions of the Annex to the Directive with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedule 1A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule.”.

(4) In paragraph (2)—

(a) for “the Annex to the Directive” substitute “ Schedule 1A ”;

(b) after “is a reference to” insert “ a test method specified in point 6.1.4.1(b) or (c) which is ”;

(c) in subparagraph (a)—

(i) for “that Annex” substitute “ the Annex to the Directive ”;

(ii) after “point 6.1.4.3” insert “ of that Annex ”;

(d) in subparagraph (b) after “6.1.4.3” insert “ of Schedule 1A ”.

Commencement Information

I1 Sch. 13 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