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 “accreditation”;

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

(c) after the definition of “the “2006 Regulations”” insert—

““approved body” has the meaning given in regulation 43 (approved bodies);”;

(d) for the definition of “authorised representative” substitute—

““authorised representative” means—

(a)

a person who—

(i)

immediately before exit day was established in the United Kingdom or an EEA state and was appointed by a manufacturer by written mandate to perform specified tasks for that manufacturer, in accordance with regulation 38, as it had effect immediately before exit day and

(ii)

on or after exit day continues to be so established and appointed by the manufacturer to perform those tasks; or

(b)

a person who, on or after exit day, is appointed in accordance with regulation 38;”;

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

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

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

““conformity assessment procedure” means a procedure referred to in regulation 40;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 10(1)(a) (declaration of conformity and UK marking);

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

(h) in the definition of “the Directive” at the end insert “(as it has effect immediately before exit day)”;

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

(j) omit the definition of “EU harmonisation legislation”;

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

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

““importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

places apparatus from a country outside of the United Kingdom on the market;”;

(m) in the definition of “make available on the market” for “EU” substitute “United Kingdom”;

(n) omit the definition of “national accreditation body”;

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

(p) omit the definition of “Official Journal”;

(q) in the definition of “place on the market” for “EU” substitute “United Kingdom”;

(r) in the definition of “put into service”, for “EU” substitute “United Kingdom market”; and

(s) after the definition of “technical specification” 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;”.

(3) In paragraph (3) for “aspects of public interest protection” to the end substitute “the protections against electromagnetic disturbance referred to in these Regulations”.

(4) Omit paragraphs (4) and (5).