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

Amendment to regulation 2

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”.