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

Amendment to regulation 2

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) before the definition of “authorised representative” insert—

““approved body” has the meaning given to it in regulation 47 (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 14, 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 established in the United Kingdom and is appointed in accordance with regulation 14;”;

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

(f) omit the definition of “Commission”;

(g) after the definition of “conformity assessment body” insert—

““conformity assessment procedure” means a procedure referred to in regulation 36;”;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with Chapter 2 of Part 3;”;

“designated standard” has the meaning given to it in regulation 2A;”;

(h) in the definition of “the Directive” for “as from time to time amended;” substitute “(as it has effect immediately before exit day)”;

(i) in the definition of “essential requirements” for “Annex I to the Directive” substitute Schedule 6;

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

(k) in the definition of “EU-type examination certificate”—

(i) for “EU-type” substitute “type”;

(ii) for “a notified” substitute “an approved”;

(iii) for “Annex II to the Directive” substitute “Schedule 7”;

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

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

““importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

places a non-automatic weighing instrument from a country outside of the United Kingdom on the market;”;

(n) in the definition of “M marking” for “CE” substitute “UK”;

(o) in the definition of “make available on the market” for “European Economic Area” substitute “United Kingdom”;

(p) omit the definition of “national accreditation body”;

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

(r) omit the definition of “notifying authority”;

(s) in the definition of “place on the market” for “European Economic Area” substitute “United Kingdom”;

(t) in the definition of “technical documentation” for “Annex II to the Directive” substitute Schedule 7;

(u) after the definition of “technical specification” insert—

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

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

(v) omit the definition of “Union harmonisation legislation”.

(3) After paragraph (1) insert—

“(1A) Schedules 6 to 8 reproduce the provisions of Annexes I to III to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

(1B) A reference to any provision of Schedules 6 to 8 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.”.

(4) Omit paragraph (2).