The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

Insertion of new Articles 18A to 18C U.K.

19.  After Article 18 (omitted by paragraph 18), insert—

“Article 18A U.K. Standardisation mandate

1.   A recognised standardisation body may submit a proposal to develop a standard for the purposes of this Regulation to the Secretary of State.

2.   The Secretary of State may issue a standardisation mandate to a recognised standardisation body which is, or is not, based on a proposal submitted under paragraph 1.

3.   Where the standardisation mandate is based on a proposal submitted under paragraph 1, the mandate must be issued to the body who submitted the proposal.

4.   When developing a standard in response to a standardisation mandate, a recognised standardisation body must consult with such persons as it considers appropriate on the content of the standard.

5.   A standard must:

(a) provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics;

(b) when provided for in the relevant standardisation mandate, refer to an intended use of products to be covered by it;

(c) where appropriate and without endangering the accuracy, reliability or stability of the results, provide methods less onerous than testing for assessing the performance of the construction products in relation to their essential characteristics;

(d) determine the applicable factory production control, which must take into account the specific conditions of the manufacturing process of the construction product concerned;

(e) include technical details necessary for the implementation of the system of assessment and verification of constancy of performance.

Article 18B U.K. Designated standards

1.   The Secretary of State may designate as a designated standard:

(a) a standard which is prepared by a recognised standardisation body and satisfies the requirements of Article 18A(5);

(b) a harmonised standard which is adopted by a European standardisation body before, or on or after [F1 IP completion day], which does not become designated under paragraph 2.

2.   Where, immediately before [F1 IP completion day] -

(a) a reference to a harmonised standard has been published in the Official Journal of the European Union under this Regulation; and

(b) a British standard transposing the harmonised standard has been adopted,

the British standard becomes a designated standard on [F1 IP completion day]; and the Secretary of State must, as soon as reasonably practicable after [F1 IP completion day], publish a reference to that standard.

The coexistence period for the standard is the period established by the European Commission under Article 17(5) as it had effect immediately before [F1 IP completion day].

3.   Before designating a standard under paragraph 1, the Secretary of State must have regard to whether the standard is consistent with any international standards which the Secretary of State considers to be relevant.

4.   The Secretary of State is to designate a standard under paragraph 1 by publishing the reference to the standard and maintaining that publication in such manner as the Secretary of State considers appropriate.

Where the standard is a harmonised standard, the published reference may be the reference to a British standard transposing the harmonised standard.

5.   Alongside a reference to a standard designated under paragraph 1, the Secretary of State must publish:

(a) the references of any superseded harmonised technical specifications;

(b) the date of the beginning of the coexistence period;

(c) the date of the end of the coexistence period.

6.   The Secretary of State may change the date of the beginning or end of the coexistence period for a designated standard to a later date by publishing the revised date in such manner as the Secretary of State considers appropriate.

7.   When considering whether the manner of publication of a reference or a revised date is appropriate, the Secretary of State must have regard to whether the publication will draw the standard or the revised date to the attention of any persons who may have an interest in it.

8.   Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the designated standard is to be the only means used for drawing up a declaration of performance for a construction product covered by it.

At the end of the coexistence period, any other national standards are to be treated as invalid to the extent that they are inconsistent with the designated standard.

9.   Where a designated standard is a harmonised standard:

(a) the provisions of the harmonised standard which address the EU Construction Products Regulation are to be treated as the provisions of the designated standard which address this Regulation;

(b) any reference in the harmonised standard to a system of assessment and verification of constancy of performance under the EU Construction Products Regulation is to be treated as a reference to the equivalent system under this Regulation.

Article 18C U.K. Objection to a designated standard

1.   Where the Secretary of State considers that a designated standard is no longer appropriate, the Secretary of State may, after consulting with such persons as the Secretary of State considers appropriate, decide to maintain, maintain with restriction or withdraw the reference to the designated standard.

2.   Where the standard was prepared by a recognised standardisation body in response to a standardisation mandate, the Secretary of State must inform the recognised standardisation body of the decision under paragraph 1 and may request the revision of the standard.”.

Textual Amendments

F1 Words in Sch. 1 para. 19 substituted (31.12.2020 immediately before S.I. 2019/465 comes into force) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 1 para. 17(d)

Commencement Information

I1 Sch. 1 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1