Regulation (EU) No 305/2011 of the European Parliament and of the CouncilDangos y teitl llawn

[F1 Article 18B U.K. Designated standards

1. The Secretary of State may designate as a designated standard:

(a) a standard which is prepared by a recognised standardisation body [F2 or adopted by an international standardising body] and satisfies the requirements of Article 18A(5);

(b) a harmonised standard which is adopted by a European standardisation body before, or on or after IP completion day, which does not become designated under paragraph 2.

2. Where, immediately before IP completion day—

(a) a reference to a harmonised standard has been published in the Official Journal of the European Union under this Regulation; and

(b) a British standard transposing the harmonised standard has been adopted,

the British standard becomes a designated standard on IP completion day; and the Secretary of State must, as soon as reasonably practicable after IP completion day, publish a reference to that standard.

The coexistence period for the standard is the period established by the European Commission under Article 17(5) as it had effect immediately before IP completion day.

3. Before designating a standard under paragraph 1, the Secretary of State must have regard to whether the standard is consistent with any [F3 , or any other, standards adopted by international standardising bodies] which the Secretary of State considers to be relevant.

4. The Secretary of State is to designate a standard under paragraph 1 by publishing the reference to the standard and maintaining that publication in such manner as the Secretary of State considers appropriate.

Where the standard is a harmonised standard, the published reference may be the reference to a British standard transposing the harmonised standard.

5. Alongside a reference to a standard designated under paragraph 1, the Secretary of State must publish:

(a) the references of any superseded harmonised technical specifications;

(b) the date of the beginning of the coexistence period;

(c) the date of the end of the coexistence period.

6. The Secretary of State may change the date of the beginning or end of the coexistence period for a designated standard to a later date by publishing the revised date in such manner as the Secretary of State considers appropriate.

7. When considering whether the manner of publication of a reference or a revised date is appropriate, the Secretary of State must have regard to whether the publication will draw the standard or the revised date to the attention of any persons who may have an interest in it.

8. Without prejudice to Articles 36 to 38, from the date of the end of the coexistence period, the designated standard is to be the only means used for drawing up a declaration of performance for a construction product covered by it.

At the end of the coexistence period, any other national standards are to be treated as invalid to the extent that they are inconsistent with the designated standard.

9. Where a designated standard is a harmonised standard:

(a) the provisions of the harmonised standard which address the EU Construction Products Regulation are to be treated as the provisions of the designated standard which address this Regulation;

(b) any reference in the harmonised standard to a system of assessment and verification of constancy of performance under the EU Construction Products Regulation is to be treated as a reference to the equivalent system under this Regulation.

[F4 10. In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]]

Textual Amendments

F1 Arts. 18A-18C inserted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 19 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 18B(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 20(a); S.I. 2020/1662, reg. 2(ee)

F3 Words in Art. 18B(3) substituted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 20(b); S.I. 2020/1662, reg. 2(ee)

F4 Art. 18B(10) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 20(c); S.I. 2020/1662, reg. 2(ee)