SCHEDULE 3Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

I110

1

Schedule 16 (explosives) is amended as follows.

2

For the substituted definition of “ importer ” in paragraph 2(2)(l), substitute—

“importer”, in relation to civil explosives, means any person who—

a

is established in the United Kingdom and places a civil explosive from a country outside of the United Kingdom on the market; or

b

is established in Northern Ireland and places a civil explosive on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

3

In paragraph 14(a), in the inserted paragraph (1A), for “exit day” substitute “ IP completion day ”.

4

In paragraph 23—

a

in the heading, for “regulation 64A” substitute “ regulations 64A, 64B, 64C and 64D ”;

b

in the inserted text, after the inserted regulation 64B, insert—

Expiry of regulations 64A and 64B64C

1

Subject to paragraph (2), regulation 64A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

2

Notwithstanding the expiry of regulation 64A—

a

any civil explosive which was placed on the market pursuant to regulation 64A may continue to be made available on the market on or after the expiry of regulation 64A;

b

any obligation to which a person was subject under regulation 64A in respect of a civil explosive placed on the market pursuant to regulation 64A continues to have effect after the expiry of regulation 64A, in respect of that civil explosive.

3

Subject to paragraph (4), regulation 64B ceases to have effect at the end of the period of 12 months beginning with IP completion day.

4

Where a conformity assessment procedure has been completed pursuant to regulation 64B in relation to a civil explosive prior to the expiry of regulation 64B, regulation 64B continues to apply in respect of that civil explosive where—

a

the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;

b

the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and

c

the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.

5

In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in point 1 of Annex III of the Directive.

Qualifying Northern Ireland Goods64D

1

In this regulation—

  • “the 2016 Regulations” means the Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016 M1;

  • “CE marking” has the meaning given to it in regulation 2(1) of the 2016 Regulations;

  • “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

  • “relevant conformity assessment procedure” has the meaning given to it in regulation 2(1) of the 2016 Regulations;

  • “technical documentation” has the meaning given to it in regulation 2(1) of the 2016 Regulations.

2

Where paragraph (3) applies, a civil explosive is to be treated as being in conformity with Part 13 Sub-Part A.

3

This paragraph applies where—

a

a civil explosive—

i

is in conformity with Part 3 Sub-Part A of the 2016 Regulations;

ii

is qualifying Northern Ireland goods; and

b

an importer has met the obligations set out in paragraph (4).

4

The obligations referred to in paragraph (3)(b) are that, before placing the civil explosive on the market, the importer—

a

complies with regulation 50;

b

ensures that—

i

the relevant conformity assessment procedure has been carried out in in relation to the civil explosive;

ii

the manufacturer has drawn up the technical documentation; and

iii

the civil explosive bears the CE marking.

5

In paragraph 27—

a

for sub-paragraph (b) substitute—

b

for paragraph (1) substitute—

1

The UK marking must be affixed visibly, legibly and indelibly—

a

to the civil explosive; or

b

where paragraph (1A) applies, to—

i

a label affixed to the civil explosive; or

ii

the accompanying documents.

b

after sub-paragraph (b) insert—

ba

after paragraph (1) insert—

1A

For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

a

a label affixed to the civil explosive; or

b

the accompanying documents.

c

for paragraph (c) substitute—

c

in paragraph (2)—

i

after “Where” insert “ paragraph (1A) does not apply and ”;

ii

for “CE” substitute “ UK ” (twice);