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 1987 Act” insert—

““approved body” has the meaning given to it in regulation 46 (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 19, 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 19;”;

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

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

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

““commencement date” means the date these regulations come into force;”;

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

““declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) ( declaration of conformity);

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

(i) for the definition of “electromagnetic disturbance” substitute—

““electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;”;

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

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

(l) for the definition of “harmful interference” substitute—

““harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;”;

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

(n) before the definition of “importer” insert—

“the Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1354 specifying how to present the information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the Council;”;

(o) in the definition of “importer”—

(i) in paragraph (a) for “within the EU” substitute “in the United Kingdom”; and

(ii) in paragraph (b) omit “third” and “EU” and, after “country”, insert “outside of the United Kingdom”;

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

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

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

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

(t) in the definition of “place on the market”, for “EU” substitute “United Kingdom”;

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

(v) 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) Omit paragraphs (3) and (6).