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The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 ISBN 978-0-11-118040-2

Amendment to regulation 3

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4.  In regulation 3 (interpretation)—

(a)in the definition of “the Directive” at the end insert “(as it has effect immediately before exit day)”;

(b)after the definition of “the GPSR” insert—

“approved body requirements” has the meaning given to it in regulation 40A;;

(c)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 25, 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 25;;

(d)omit the definition of “CE marking”;

(e)before the definition of “distributor” insert—

“designated standard” has the meaning given to it in regulation 3A;;

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

(g)in the definition of “importer”—

(i)in paragraph (a) for “within the EU” substitute “in the United Kingdom”; and

(ii)in paragraph (b) for “third country on the EU market” substitute “country outside the United Kingdom on the market”;

(h)in the definition of “make available on the market” for “EU” substitute “United Kingdom”;

(i)for the definition of “Module” substitute—

“Module” means a Module set out in Schedule 6 and Module A, B or C is to be construed accordingly;;

(j)omit the definition of “notified body designation”;

(k)in the definition of “place on the market” for “EU” substitute “United Kingdom”;

(l)after the definition of “place on the market” insert—

“RAMS” means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;;

(m)after the definition of “toy” insert—

“UK marking” means the marking in the form published in accordance with Article 30(1) of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;;

(n)omit the definition of “UK notified body”.

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