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) after the definition of the “1997 Regulations” insert—

““approved body” has the meaning given to it in regulation 51 (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 24, 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 24;”;

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

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

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

““declaration of conformity” means a declaration of conformity required to be drawn up in accordance with—

(a)

in relation to lifts, regulation 8(1)(a) (declaration of conformity and UK marking: installer); and

(b)

in relation to safety components for lifts, regulation 17(1)(a) (declaration of conformity and UK marking: manufacturer);”;

(h) after the definition of the “Department” insert—

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

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

(j) omit the definition of “European Commission”;

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

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

(m) for definition of “importer” substitute—

““importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

places a safety component for lifts from a country outside of the United Kingdom on the market;”;

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

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

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

(q) omit the definition of “Official Journal”;

(r) in the definition of “place on the market” for “EU” substitute “United Kingdom” in both places it occurs;

(s) in the definition of “safety component for lifts” omit the words after “Schedule 3”;

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

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

“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 11 to 19 reproduce the provisions of Annexes IV to XII to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

(1B) A reference to any provision of Schedules 11 to 19 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.”.

(4) Omit paragraphs (3) and (5).