The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019

Document Number:2019 No. 1246
 
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The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019

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2019 No. 1246

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Statutory Instrument has been printed, in part, to correct errors in S.I. 2019/696 and S.I. 2016/1105 , and is being issued free of charge to all known recipients of those Statutory Instruments.

Regulations made by the Secretary of State, laid before Parliament under paragraph 5(3) of Schedule 7 to the European Union (Withdrawal) Act 2018 , for approval by resolution of each House of Parliament within 28 days beginning with the day on which the Regulations were made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

Exiting The European Union

Consumer Protection

Electromagnetic Compatibility

Environmental Protection

Health And Safety

Market Standards

Accreditation Of Services

Telecommunications

Weights And Measures

Made

at 11.50 a.m. on 9 th September 2019

Laid before Parliament

at 3.00 p.m. on 9 th September 2019

Coming into force in accordance with regulation 1

The Secretary of State has been designated for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(1) in relation to the matters specified in the Schedule.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(2).

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament(3).

PART 1 Introduction

Citation and commencement

  1. —(1) These Regulations may be cited as the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019.

    (2) Parts 1 and 2 come into force on the day after the day on which these Regulations are made.

    (3) Subject to paragraph (4) , Part 3 comes into force immediately before exit day.

    (4) Regulation 15 comes into force on exit day.

    PART 2 Amendments relating to EU obligations

    Amendments to the Conformity Assessment (Mutual Recognition Agreements) Regulations 2019

  2. —(1) The Conformity Assessment (Mutual Recognition Agreements) Regulations 2019(4) are amended as follows.

    (2) In regulation 4(1) for “4 to 9 , 11” substitute “4 to 11”.

    (3) After regulation 5 insert—

    “Recognition of importers established in Switzerland

  3. —(1) For the purposes of the provisions set out in paragraph (2)—

    (a) a person established in Switzerland who places a product from a country outside of Switzerland or the European Union on the market of Switzerland or the European Union, is to be treated as an EU importer;

    (b) a product from Switzerland which is placed on the European Union market by an EU importer is to be treated as if it were a product from the European Union.

    (2) The provisions referred to in paragraph (1) are—

    (a) regulation 27 of the Toys (Safety) Regulations 2011(5);

    (b) regulation 50 of the Explosives Regulations 2014(6);

    (c) regulation 20 of the Electromagnetic Compatibility Regulations 2016(7);

    (d) regulation 21 of the Simple Pressure Vessels (Safety) Regulations 2016(8);

    (e) regulation 28 of the Lifts Regulations 2016(9);

    (f) regulation 18 of the Electrical Equipment (Safety) Regulations 2016(10);

    (g) regulation 23 of the Pressure Equipment (Safety) Regulations 2016(11);

    (h) regulation 21 of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016(12);

    (i) regulation 18 of the Non-automatic Weighing Instruments Regulations 2016(13);

    (j) regulation 19 of the Measuring Instruments Regulations 2016(14);

    (k) regulation 23 of the Radio Equipment Regulations 2017(15);

    (l) regulation 16 of the Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016(16);

    (m) regulation 21 of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017(17);

    (n) Article 10(3) of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC(18);

    (o) Article 9(3) of Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC(19).

    (3) In this regulation—

    (a)“EU importer” means a person established in the European Union who places a product from a country outside of the European Union on the market of the European Union;

    (b)“place on the market” means the first supply of a product for distribution, consumption or use on the market in the course of a commercial activity whether in return for payment or free of charge.”.

    Amendment to the Pressure Equipment (Safety) Regulations 2016

  4. In the Pressure Equipment (Safety) Regulations 2016 , in regulation 23(3) for “pressure equipment” in the first place in which it appears, substitute “the pressure equipment or assembly”.

    PART 3 Amendments relating to retained EU law

    Amendments to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

  5. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019(20) are amended in accordance with regulations 5 to 17.

    Modifications to importers’ obligations to provide contact information

  6. —(1) In the provisions set out in paragraph (2) after “EEA state” insert “or Switzerland”.

    (2) The provisions referred to in paragraph (1) are—

    (a) Schedule 15 , paragraph 23 , the inserted paragraph (2)(a)(iii);

    (b) Schedule 16 , paragraph 14(a) , the inserted paragraph (1 A);

    (c) Schedule 20 , paragraph 14(b) , the inserted paragraph (1 A)(a)(ii);

    (d) Schedule 21 , paragraph 15(b) , the inserted paragraph (1 A)(a)(ii);

    (e) Schedule 22 , paragraph 18(b) , the inserted paragraph (3)(a)(ii);

    (f) Schedule 23 , paragraph 11(b) , the inserted paragraph (3)(a)(ii);

    (g) Schedule 24 , paragraph 15(b) , the inserted paragraph (3)(a)(ii);

    (h) Schedule 25 , paragraph 14(b) , the inserted paragraph (3)(a)(ii);

    (i) Schedule 26 , paragraph 15(a) , the inserted paragraph (2)(a)(ii);

    (j) Schedule...

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