The Conformity Assessment (Mutual Recognition Agreements) Regulations 2019

Recognition of conformity assessments etc.

3.—(1) Subject to paragraph (10), paragraph (2) applies where, pursuant to a mutual recognition agreement, member States are required to recognise or accept an attestation of conformity with the relevant European Union law in respect of a product, process or service (a “mutually recognised attestation of conformity”).

(2) Where this paragraph applies, the mutually recognised attestation of conformity is to be treated as if it were an attestation of conformity issued under the updated relevant European Union law by a person authorised or required to issue such attestations in respect of the product, process or service.

(3) Subject to paragraph (10), paragraph (4) applies where, pursuant to Article 1(2) of the Swiss agreement, member States are required to accept an attestation of conformity with the relevant Swiss law in respect of a product, process or service (a “Swiss enhanced attestation of conformity”).

(4) Where this paragraph applies—

(a) compliance with requirements of the updated relevant Swiss law in respect of the product, process or service is to be treated as compliance with the equivalent requirements of the updated relevant European Union law; and

(b) the Swiss enhanced attestation of conformity is to be treated as if it were an attestation of conformity issued under the updated relevant European Union law by a person authorised or required to issue such attestations in respect of the product, process or service.

(5) Subject to paragraph (10), paragraph (6) applies where, pursuant to Article 2(3) of the Turkish agreement, member States are required to accept an attestation of conformity with the relevant Turkish law in respect of a product (a “Turkish enhanced attestation of conformity”).

(6) Where this paragraph applies—

(a) compliance with requirements of the updated relevant Turkish law in respect of the product is to be treated as compliance with the equivalent requirements of the updated relevant European Union law; and

(b) the Turkish enhanced attestation of conformity is to be treated as if it were an attestation of conformity issued under the updated relevant European Union law by a person authorised or required to issue such attestations in respect of the product.

(7) Subject to paragraph (10), paragraph (8) applies where, pursuant to Article 5(3) of the Israeli agreement, member States are required to accept an attestation of conformity with the relevant Israeli law in respect of a product (an “Israeli enhanced attestation of conformity”).

(8) Where this paragraph applies—

(a) compliance with requirements of the relevant Israeli law in respect of the product is to be treated as compliance with the equivalent requirements of the relevant European Union law; and

(b) the Israeli enhanced attestation of conformity is to be treated as if it were an attestation of conformity issued under the relevant European Union law by a person authorised or required to issue such attestations in respect of the product.

(9) In this regulation—

(a) “relevant European Union law”, in respect of a mutual recognition agreement as it relates to a product, process or service, means the European Union law in respect of that product, process or service which is specified, or otherwise referred to, in or under the mutual recognition agreement;

(b) “relevant Israeli law”, in respect of a product, means any provision of Israeli law in respect of that product which is specified in a notification under the Annex to the Israeli agreement;

(c) “relevant Swiss law”, in respect of a product, process or service, means the Swiss law in respect of that product, process or service which is specified in the Swiss agreement;

(d) “relevant Turkish law”, in respect of a product, means any provision of Turkish law that reproduces the effect of any provision of relevant European Union law in respect of that product (as specified in a statement adopted as mentioned in Article 1(1) of the Turkish agreement);

(e) “updated relevant European Union law”, in respect of a mutual recognition agreement as it relates to a product, process or service, means the relevant European Union law as amended or re-enacted (with or without modifications) before the day on which these Regulations are made (whether or not those amendments or re-enactments are specified, or otherwise referred to, in or under the mutual recognition agreement as it had effect immediately before that day);

(f) “updated relevant Swiss law”, in respect of a product, process or service, means the relevant Swiss law as amended or re-enacted (with or without modifications) before the day on which these Regulations are made (whether or not those amendments or re-enactments are specified in the Swiss agreement as it had effect immediately before that day);

(g) “updated relevant Turkish law”, in respect of a product, means any provision of Turkish law that reproduces the effect of any updated relevant European Union law in respect of that product.

(10) Any provision made by paragraph (2), (4), (6) or (8) (a “default provision”) does not apply in respect of a product, process or service at any time if, at that time, there is sector specific provision in force.

(11) In paragraph (10), “sector specific provision”, means provision in respect of the product, process or service, which is of similar effect to the default provision in question.