SCHEDULE 26Amendment of the Non-automatic Weighing Instruments Regulations 2016

Amendment to regulation 2I12

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

before the definition of “authorised representative” insert—

“approved body” has the meaning given to it in regulation 47 (approved bodies);

F2d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

omit the definition of “CE marking”;

f

omit the definition of “Commission”;

g

after the definition of “conformity assessment body” insert—

“conformity assessment procedure” means a procedure referred to in regulation 36;”;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with Chapter 2 of Part 3;”;

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

h

in the definition of “the Directive” for “as from time to time amended;” substitute “ (as it has effect immediately before F3IP completion day) ”F7...;

F1ha

in the definition of “essential requirements” for “Annex I to the Directive” substitute “ Schedule 6 ”;

i

omit the definition of “EU declaration of conformity”;

j

omit the definition of “EU-type examination certificate”

k

omit the definition of “harmonised standard”;

l

for the definition of “importer” substitute—

F4“importer” means a person who—

a

is established in the United Kingdom and places a non-automatic weighing instrument from a country outside of the United Kingdom on the market; or

b

is established in Northern Ireland and places a non-automatic weighing instrument 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;

m

in the definition of “M marking” for “CE” substitute “ UK ”;

F5n

in the definition of “make available on the market” for “European Economic Area 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 “notifying authority”;

F6r

in the definition of “place on the market” for “in the European Economic Area” substitute “of Great Britain”;

s

in the definition of “technical documentation” for “Annex II to the Directive” substitute Schedule 7;

t

after the definition of “technical specification” insert—

“Type-examination certificate” means a type-examination certificate issued by an approved body in accordance with Module B of Schedule 7;

“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;

u

omit the definition of “Union harmonisation legislation”.

3

After paragraph (1) insert—

1A

Schedules 6 to 8 reproduce the provisions of Annexes I to III to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

1B

A reference to any provision of Schedules 6 to 8 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.

4

Omit paragraph (2).