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

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This is the original version (as it was originally made).

Amendment to regulation 2

This section has no associated Explanatory Memorandum

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”.

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