SCHEDULE 3Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019
I113
1
Schedule 21 (simple pressure vessels) is amended as follows.
2
In paragraph 2(2)(j) for the substituted definition of “
importer
”
substitute—
“importer” means a person who—
a
is established in the United Kingdom and places a vessel from a country outside of the United Kingdom on the market; or
b
is established in Northern Ireland and places a vessel 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;
3
For paragraph 5(4) substitute—
4
For paragraph (1)(b) substitute—
b
affix the information set out in paragraph (1B) to—
i
the vessel;
ii
its data plate; or
iii
where paragraph (1A) applies—
aa
to a label affixed to the vessel; or
bb
in a document accompanying the vessel;
4
In paragraph 5, after sub-paragraph (4) insert—
4A
After paragraph (1) insert—
1A
This paragraph applies to a vessel that is placed on the market within a period of 24 months beginning with IP completion day.
1B
The information referred to in paragraph (1)(b) is—
a
the UK marking;
b
the last two digits of the year in which the UK marking is affixed;
c
the inscriptions.
5
For paragraph 13 substitute—
13
In regulation 18 for paragraph (c) substitute—
c
the UK marking and the inscriptions have been affixed in accordance with regulation 6(1)(b) to (d);
6
In paragraph 24, in the inserted text, after the inserted regulation 38B, insert—
Expiry of regulations 38A and 38B38C
1
Subject to paragraph (2), regulation 38A ceases to have effect at the end of the period of 12 months beginning with IP completion day.
2
Notwithstanding the expiry of regulation 38A—
a
any vessel which was placed on the market pursuant to regulation 38A may continue to be made available on the market after the expiry of regulation 38A;
b
any obligation to which a person was subject under regulation 38A in respect of a vessel placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that vessel.
3
Subject to paragraph (4), regulation 38B ceases to have effect at the end of the period of 12 months beginning with IP completion day.
4
Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a vessel prior to the expiry of regulation 38B, regulation 38B continues to apply in respect of that vessel where—
a
the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;
b
the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and
c
the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.
5
In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in point 1 of Annex II of the Directive.
Qualifying Northern Ireland Goods38D
1
Where paragraph (2) applies, a vessel is to be treated as being in conformity with Part 2.
2
This paragraph applies where—
a
a vessel—
i
is in conformity with Part 2, as that Part applies in Northern Ireland; and
ii
is qualifying Northern Ireland goods; and
b
an importer has complied with the obligations set out in paragraph (3).
3
The obligations referred to in paragraph (2)(b) are that, before placing the vessel on the market, the importer—
a
complies with regulation 21;
b
ensures that—
i
the relevant conformity assessment procedure has been carried out in relation to the vessel, in accordance with Part 3, as that Part applies in Northern Ireland;
ii
the manufacturer has drawn up the technical documentation; and
iii
the vessel bears the CE marking.
4
In this regulation—
“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;
“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
“technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2 to these Regulations, as that Schedule applies in Northern Ireland.
7
For paragraph 29(a) substitute—
a
for paragraph (1) substitute—
1
The UK marking must be followed by the identification number of the approved body involved in the relevant conformity assessment procedure pursuant to regulation 41.