The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021

PART 1 U.K. Introductory provisions

Citation and commencement U.K.

1.  These Regulations may be cited as the Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 and come into force on the day after the day on which these Regulations are made.

Commencement Information

I1 Reg. 1 in force at 19.6.2021, see reg. 1

Extent U.K.

2.—(1) Regulations 4, 5, 8 and 9 extend to England and Wales and Scotland only.

(2) Save for the regulations set out in paragraph (1), these Regulations extend to England and Wales, Scotland and Northern Ireland.

Commencement Information

I2 Reg. 2 in force at 19.6.2021, see reg. 1

Interpretation U.K.

3.  In these Regulations—

[F1 (za) “the 2009 Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(2);]

(a) “accreditation” means third-party attestation related to a conformity assessment body conveying formal demonstration of its competence to carry out specific conformity assessment activities;

(b) “accreditation body” means an authoritative body that performs accreditation;

[F2 (ba) “appointed body” has the meaning given in regulation 2(5) of the 2009 Regulations;]

(c) “approved body” has the meaning given to it in the specified Regulations(1);

(d) “Canadian MRA” means the Protocol on the mutual acceptance of the results of conformity assessment to the Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada(2);

(e) “conformity assessment body” means a body that performs or is responsible for conformity assessment procedures;

(f) “conformity assessment procedure” means a procedure to determine the extent to which a product, process or service fulfils specified requirements;

(g) “conformity assessment result” means a result of any conformity assessment procedure carried out in respect of a product, process or service including—

(i) a report, certificate, authorisation or decision including any annexes or additions thereto relating to such an assessment; or

(ii) the affixation of an identification number by an MRA body;

(h) “MRA” means(3)—

(i) the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia(4);

(ii) the Agreement on mutual recognition in relation to conformity assessment between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand(5);

(iii) the Agreement on mutual recognition between the Government of the United Kingdom of Great Britain and Northern Ireland and the United States of America(6);

(iv) Annex 2-B to the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Korea(7);

(v) the Protocol on mutual recognition to the Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership(8); F3 ...

(vi) the Canadian MRA; [F4 or

(vii) the Agreement between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on mutual recognition in relation to conformity assessment;]

(i) “MRA body” means a conformity assessment body designated in respect of specified Regulations by the authorities of the other Party to the MRA responsible for designating conformity assessment bodies under the MRA and that is recognised by the United Kingdom under the MRA;

(j) “other Party” means the party to the MRA which is not the United Kingdom;

(k) “the specified Regulations” means any of the Regulations listed in Schedule 1;

(l) “United Kingdom Accreditation Service” means the company limited by guarantee incorporated in England and Wales under number 03076190;

(m) “UK-recognised Canadian accreditation body” means an accreditation body established in Canada and recognised by the United Kingdom under the Canadian MRA as competent to accredit conformity assessment bodies in relation to the specified Regulations, save for those specified in paragraph 8 of Schedule 1.

Textual Amendments

F1 Reg. 3(za) inserted (23.12.2022) by The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022 (S.I. 2022/1400), regs. 1, 4(a) [Note: This affecting S.I. is published in substitution of S.I. 2022/1346 which was made before being approved by the House of Lords.]

F2 Reg. 3(ba) inserted (23.12.2022) by The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022 (S.I. 2022/1400), regs. 1, 4(b) [Note: This affecting S.I. is published in substitution of S.I. 2022/1346 which was made before being approved by the House of Lords.]

F3 Word in reg. 3(h) omitted (23.12.2022) by virtue of The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022 (S.I. 2022/1400), regs. 1, 4(c)(i) [Note: This affecting S.I. is published in substitution of S.I. 2022/1346 which was made before being approved by the House of Lords.]

F4 Reg. 3(h)(vii) and word inserted (23.12.2022) by The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022 (S.I. 2022/1400), regs. 1, 4(c)(ii) [Note: This affecting S.I. is published in substitution of S.I. 2022/1346 which was made before being approved by the House of Lords.]

Commencement Information

I3 Reg. 3 in force at 19.6.2021, see reg. 1

(1)

The term “approved body” was introduced into the specified Regulations with effect from IP completion day by S.I. 2019/696.

(2)

The agreement was published in CP 351. An electronic copy of CP 351 can be found at https://www.gov.uk/government/publications/ukcanada-agreement-on-trade-continuity-cs-canada-no12020. Hard copies are available upon request from the Regulatory Environment Team, Department for International Trade, King Charles Street, Whitehall, London, SW1A 2AH, United Kingdom.

(3)

All of the agreements listed here are international trade agreements where the other signatory and the European Union were signatories to an international trade agreement immediately before exit day.

(4)

The agreement was published in CP 28. An electronic copy of CP 28 can be found at https://www.gov.uk/government/publications/cs-australia-no22019-ukaustralia-agreement-on-mutual-recognition-in-relation-to-conformity-assessment-certificates-and-markings. Hard copies are available upon request from the Regulatory Environment Team, Department for International Trade, King Charles Street, Whitehall, London, SW1A 2AH, United Kingdom (“the Regulatory Environment Team”).

(5)

The agreement was published in CP 27. An electronic copy of CP 27 can be found at https://www.gov.uk/government/publications/cs-new-zealand-no22019-uknew-zealand-agreement-on-mutual-recognition-in-relation-to-conformity-assessment. Hard copies are available upon request from the Regulatory Environment Team.

(6)

The agreement was published in CP 54. An electronic copy of CP 54 can be found at https://www.gov.uk/government/publications/cs-usa-no52019-ukusa-agreement-on-mutual-recognition. Hard copies are available upon request from the Regulatory Environment Team.

(7)

The agreement was published in CP 167. An electronic copy of CP 167 can be found at https://www.gov.uk/government/publications/ukkorea-free-trade-agreement-with-exchange-of-notes-cs-korea-no12019. Hard copies are available upon request from the Regulatory Environment Team.

(8)

The agreement was published in CP 311. An electronic copy of CP 311 can be found at https://www.gov.uk/government/publications/ukjapan-agreement-for-a-comprehensive-economic-partnership-cs-japan-no12020. Hard copies are available upon request from the Regulatory Environment Team.