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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 “adaptor” insert—

“approved body” has the meaning given to it in regulation 55 (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 39, 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 39;;

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

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

(g)in the definition of “components” omit “EU”;

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

“declaration of conformity” means the declaration required to be drawn up in accordance with regulation 10;

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

(i)omit the definition of “Decision 768/2008”;

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

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

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

(m)in the definition of “hull length” for “harmonised” substitute “designated”;

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

“importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

places a product from a country outside of the United Kingdom on the market;;

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

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

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

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

(s)for the definition of “private importer” substitute—

“private importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

imports in the course of a non-commercial activity a watercraft from a country outside of the United Kingdom into the United Kingdom with the intention of putting it into service for the person’s own use;;

(t)in the definition of “putting into service” for “EU” substitute “United Kingdom”;

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

“technical specification” means a document that prescribes technical requirements to be fulfilled by a product;

“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) Omit paragraphs (4) and (5).

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