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

Amendment to regulation 2E+W+S

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 “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 [F2IP 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

F2Words 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)

F3Words 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)

Commencement Information

I1Sch. 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