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 the “1997 Regulations” insert—

““approved body” has the meaning given to it in regulation 51 (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—

(a)in relation to lifts, regulation 8(1)(a) (declaration of conformity and UK marking: installer); and

(b)in relation to safety components for lifts, regulation 17(1)(a) (declaration of conformity and UK marking: manufacturer);”;

(h)after the definition of the “Department” 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 “European Commission”;

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

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

(m)for definition of “importer” substitute—

[F3““importer” means a person who—

(a)is established in the United Kingdom and places a safety component for lifts from a country outside of the United Kingdom on the market; or

(b)is established in Northern Ireland and places a safety component for lifts 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(n)in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”;]

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

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

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

[F5(r)in the definition of “place on the market” for “EU market” substitute “market of Great Britain” in both places in which it occurs;]

(s)in the definition of “safety component for lifts” omit the words after “Schedule 3”;

(t)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) After paragraph (1) insert—

“(1A) Schedules 11 to 19 reproduce the provisions of Annexes IV to XII to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

(1B) A reference to any provision of Schedules 11 to 19 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.”.

(4) Omit paragraphs (3) and (5).

Textual Amendments

F2Words in Sch. 22 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(k)(ii)

F3Words in Sch. 22 para. 2(2)(m) 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. 14(2)

Commencement Information

I1Sch. 22 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