16.—(1) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC(1) is amended as follows.
(2) In Article 2 (definitions), after paragraph (28) insert—
“(29) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.
(3) In Article 19 (UK assessment document), after paragraph (1) insert—
“(1A) The duty in paragraph (1) applies only to TABs that are established in the United Kingdom.”.
(4) In Article 21 (obligations of the TAB receiving a request for a UK technical assessment), after paragraph (1A) insert—
“(1B) Paragraph (1)(a) and (1)(c) apply only to TABs that are established in the United Kingdom.”.
(5) In Article 29 (designation, monitoring and evaluation of TABs), for paragraph (3) substitute—
“(3) The Secretary of State may designate a body as a TAB for one or several of the product areas listed in Table 1 of Annex 4 providing the body is established in—
(a)the United Kingdom; or
(b)the territory of a party to the CPTPP.”.
(6) In Article 30 (requirements for TABs), after paragraph (2) insert—
“(2A) Paragraph (2)(a) applies only to TABs that are established in the United Kingdom.”.
(7) In Article 43 (requirements for approved bodies), for paragraph (2) substitute—
“(2) An approved body must have legal personality and must be established in—
(a)the United Kingdom; or
(b)the territory of a party to the CPTPP.”.
17. In Article 24 (approved body requirements) of Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC(2)—
(a)for paragraph (2) substitute—
“(2) A conformity assessment body must have legal personality and must be established in—
(a)the United Kingdom; or
(b)the territory of a party to the CPTPP.”; and
(b)after paragraph (2) insert—
“(2A) In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.
18. In Article 23 (approved body requirements) of Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels and repealing Directive 2009/142/EC(3)—
(a)for paragraph (2) substitute—
“(2) A conformity assessment body must have legal personality and must be established in—
(a)the United Kingdom; or
(b)the territory of a party to the CPTPP.”; and
(b)after paragraph (2) insert—
“(2A) In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.
19. In Article 68 (designation of technical services) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC(4)—
(a)for paragraph (3) substitute—
“(3) Subject to paragraph (3B), a technical service must have legal personality and must be established in—
(a)the United Kingdom;
(b)a member State; or
(c)the territory of a party to the CPTPP.”; and
(b)after paragraph (3) insert—
“(3A) In paragraph (3) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
(3B) Paragraph (3) does not apply to a technical service belonging to an approval authority or an accredited in-house technical service of the manufacturer, as referred to in Article 72.”.
20. In Article 22 (requirements relating to approved bodies) of Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems(5)—
(a)for paragraph (2) substitute—
“(2) A conformity assessment body shall have legal personality and shall be established in—
(a)the United Kingdom; or
(b)the territory of a party to the CPTPP.”; and
(b)after paragraph (2) insert—
“(2A) In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.”.
EUR 305/2011, as amended by S.I. 2019/465; there are other amending instruments but none is relevant.
EUR 2016/425, as amended by S.I. 2019/696; there are other amending instruments but none is relevant.
EUR 2016/426, as amended by S.I. 2019/696; there are other amending instruments but none is relevant.
EUR 2018/858, as amended by S.I. 2022/1273; there are other amending instruments but none is relevant.
EUR 2019/945, as amended by S.I. 2020/1593; there are other amending instruments but none is relevant.