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) in the definition of the “1994 Directive” at the end insert “(as it has effect immediately before exit day)”;

(b) after the definition of the “1996 Regulations” insert—

““approved body” has the meaning given to it in regulation 42;”;

(c) omit the definition of “accreditation certificate”;

(d) in the definition of “attestation of conformity”—

(i) omit “EU”; and

(ii) for “CE” substitute “UK”;

(e) 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 17; 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 17 as it had effect immediately before exit day;”;

(f) omit the definition of “CE Marking”;

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

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

““conformity assessment activities” means any activities connected with conformity assessment including calibration, testing, certification and inspection;”;

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

““conformity assessment procedure” means a procedure referred to in regulation 39 (conformity assessment procedures);

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 7(1)(a) (declaration of conformity and UK marking);

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

(j) for the definition of “equipment category” substitute—

““equipment category” means the classification of equipment, within each equipment group, specified in Schedule 1A to these Regulations;”;

(k) in the definition of “equipment-group I” for “as set out in Annex I to the ATEX Directive (as amended from time to time)” substitute “as set out in Schedule 1A to these Regulations”;

(l) in the definition of “equipment-group II” for “as set out in Annex I to the ATEX Direction (as amended from time to time)” substitute “as set out in Schedule 1A to these Regulations”;

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

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

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

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

““importer” means any 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;”;

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

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

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

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

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

(v) in the definition of “putting into service” omit “within the EU market”;

(w) 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 Executive in accordance with Article 4 of RAMS.”.

(3) After paragraph (1) insert—

“(1A) Schedule 1A reproduces the provisions of Annex I to the ATEX Directive with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedule 1A is a reference to the equivalent provision of Annex I to the ATEX Directive as set out in Schedule 1A.

(1C) Schedule 3A reproduces the provisions of Annexes III to IX to the ATEX Directive with amendments to correct deficiencies in retained EU law

(1D) A reference to any provision of Schedule 3A is a reference to the equivalent provision of Annexes III to IX as set out in Schedule 3A. ”.

(4) Omit paragraph (3).

(5) Omit paragraph (6).