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 “the 1993 Regulations” insert—

““approved body” has the meaning given to it in regulation 35 (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 12, 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 12;”;

(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 7;”

(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 exit day) ”;

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

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

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

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

(a) is established in the United Kingdom; and

(b) places a civil explosive from a country outside the United Kingdom on the market;”;

(m) in the definition of “making available on the market” for “an EEA state” substitute “ the United Kingdom ”;

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

(o) in the definition of “place on the market”—

(i) after “means” insert “ , apart from in regulation 45A, ”;

(ii) for “on the market in an EEA state” substitute “ on the United Kingdom market ”;

(p) for the definition of “relevant authority” substitute—

““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;”.

(3) Omit paragraph (3).

Commencement Information

I1 Sch. 31 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