The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Amendment to regulation 2 E+W+S

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 “2006 Regulations”” insert—

““approved body” has the meaning given in regulation 43 (approved bodies);”;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

““conformity assessment procedure” means a procedure referred to in regulation 40;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 10(1)(a) (declaration of conformity and UK marking);

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

(h) in the definition of “the Directive” at the end insert “ (as it has effect immediately before [F2 IP completion day]) ”;

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

(j) omit the definition of “EU harmonisation legislation”;

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

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

[F3 ““importer” means a person who—

(a) is established in the United Kingdom and places apparatus from a country outside of the United Kingdom on the market; or

(b) is established in Northern Ireland and places apparatus 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;”];

[F4 (m) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”;]

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

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

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

[F5 (q) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”;]

(r) in the definition of “put into service”, for “EU” substitute “ United Kingdom market ”; and

(s) 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) In paragraph (3) for “aspects of public interest protection” to the end substitute “ the protections against electromagnetic disturbance referred to in these Regulations ”.

(4) Omit paragraphs (4) and (5).

Textual Amendments

F1 Sch. 20 para. 2(2)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 3(d)

F2 Words in Sch. 20 para. 2(2)(h) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(i)(ii)

F3 Words in Sch. 20 para. 2(2)(l) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 12(2)

F4 Sch. 20 para. 2(2)(m) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(8)(a)

F5 Sch. 20 para. 2(2)(q) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(8)(b)

Commencement Information

I1 Sch. 20 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1