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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. This draft has since been made as a UK Statutory Instrument: The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 No. 696

Amendment to regulation 2

This section has no associated Explanatory Memorandum

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)after the definition of “aerial wheel” insert—

“approved body” has the meaning given to it in regulation 43;;

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

(e)omit the definition of “competent national authority”;

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

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (declaration of conformity and UK marking);

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

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

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

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

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

“importer” means any person who—

(a)

is established in the United Kingdom; and

(b)

places a pyrotechnic article from a country outside the United Kingdom on the market;;

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

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

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

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

(o)omit the definition of “registration number”;

(p)after the definition of “theatrical pyrotechnic article” insert—

“UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK registration number” means the number assigned to a pyrotechnic article by an approved body under paragraph 5(a) of Schedule 6 (operational obligations of approved bodies);

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

(3) After paragraph (1) insert—

(1A) Schedules 2A and 3A reproduce the provisions of Annexes II and III (respectively) to the Directive with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedule 2A and 3A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule..

(4) Omit paragraph (3).

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