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 “accreditation”;

(b) omit the definition of “accreditation certificate”;

(c) after the definition of “ammonium nitrate blasting intermediate” insert—

““approved body” has the meaning given to it in regulation 69 (approved bodies);”;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) omit the definition of “CE marking”;

(f) omit the definition of “competent national authority”;

(g) after the definition of “conformity assessment body” insert—

““declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 41;”

(h) after the definition of “desensitised explosive” insert—

““designated standard” has the meaning given to it in regulation 2A;”;

(i) in the definition of “the Directive” at the end insert “ (as it has effect immediately before [F2 IP completion day]) ”;

(j) omit the definition of “EU declaration of conformity”;

(k) omit the definition of “harmonised standard”;

(l) for the definition of “importer” substitute—

[F3 ““importer”, in relation to civil explosives, means any person who—

(a) is established in the United Kingdom and places a civil explosive from a country outside of the United Kingdom on the market; or

(b) is established in Northern Ireland and places a civil explosive 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;”];

[F4 (m) in the definition of “making available on the market” for “in an EEA state” substitute “of Great Britain”;]

(n) omit the definition of “notified body requirements”;

[F5 (o) in the definition of “place on the market” for “in an EEA state” substitute “of Great Britain”;]

(p) after the definition of “recipient competent authority document” insert—

““relevant authority” means any public authority which has a function under these Regulations or a function under another enactment in relation to the security or traceability of civil explosives;” and

(q) after the definition of “transfer” insert—

““UK marking” means the marking in the form set out in Annex 2 of RAMS;

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

Textual Amendments

F1 Sch. 16 para. 2(2)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 3(c)

F2 Words in Sch. 16 para. 2(2)(i) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(f)(i)

F3 Words in Sch. 16 para. 2(2)(l) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 10(2)

F4 Sch. 16 para. 2(2)(m) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(5)(a)

F5 Sch. 16 para. 2(2)(o) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(5)(b)

Commencement Information

I1 Sch. 16 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