The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019
(1) An approved body is a conformity assessment body which— (a) has been approved by the Secretary of State pursuant to the procedure set out in Article 20 (approval of conformity assessment bodies); or (b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under Article 29 (changes to notifications) of Regulation 2016/426 (pre-exit), to suspend or withdraw the body's status as a notified body. (2) Paragraph 1 has effect subject to Article 29 (restriction, suspension or withdrawal of approval). (3) In this Chapter— - “notified body” means a body— 1. which the Secretary of State had, before IP completion day, notified to the European Commission and the member States of the European Union in accordance with Article 19 of Regulation 2016/426 (pre-exit); and 2. in respect of which no objections had been raised, as referred to in Article 27(5) of Regulation 2016/426 (pre-exit); - “approved body requirements” means the requirements set out in Article 23.
- (20) For Article 20 substitute—
(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval. (2) A conformity assessment body qualifies for approval if the first and second conditions below are met. (3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by— (a) a description of— (i) the conformity assessment activities that the conformity assessment body intends to carry out; (ii) the conformity assessment procedure in respect of which the conformity assessment body claims to be competent; and (iii) the category of appliance or fitting in respect of which the conformity assessment body claims to be competent; and (b) either— (i) an accreditation certificate; or (ii) the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements. (4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements. (5) For the purposes of paragraph 4, the Secretary of State may accept an accreditation certificate provided in accordance with paragraph 3(b)(i), as sufficient evidence that the conformity assessment body meets the approved body requirements. (6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may— (a) have regard to any other matter which appears to the Secretary of State to be relevant; and (b) set conditions that the conformity assessment body must meet. (7) For the purposes of this Article, “accreditation certificate” means a certificate issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.
- (21) For Article 21 substitute—
The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State— (a) assessing whether a conformity assessment body meets the approved body requirements; (b) monitoring approved bodies in accordance with Article 22; and (c) compiling and maintaining the register of approved bodies, in accordance with Article 28.
- (22) For Article 22 substitute—
The Secretary of State must monitor each approved body with a view to verifying that the body— (a) continues to meet— (i) the approved body requirements; (ii) any conditions set by the Secretary of State under Article 20(6)(b); and (b) carries out its functions in accordance with this Regulation.
- (23) In Article 23—
- (a) for the heading, substitute— “ Approved Body Requirements ”;
- (b) in paragraph 1, for “notification” substitute “ approval ”;
- (c) in paragraph 2, for “under the national law of a Member State” substitute “ in the United Kingdom ”;
- (d) in paragraphs 4, in the second subparagraph, and 7(a), for “notified” substitute “ approved ”;
- (e) in paragraph 6—
- (i) for “notified” in the first two places in which it occurs, substitute “ approved ”;
- (ii) in point (b), for “a notified body” substitute “ an approved body ”;
- (f) in paragraph 7(c)—
- (i) for “harmonised” substitute “ designated ”;
- (ii) for “Union harmonisation legislation and of national legislation” substitute “ this Regulation and any other relevant United Kingdom legislation ”;
- (g) in paragraph 9, for “liability is assumed by the State in accordance with national law, or the Member State itself” substitute “ the Secretary of State ”;
- (h) in paragraph 10—
- (i) for “national” substitute “ United Kingdom ”;
- (ii) for “competent authorities of the Member State in which its activities are carried out” substitute “ enforcement authority ”;
- (i) in paragraph 11—
- (aa) for “the notified” substitute “ any approved ”;
- (bb) for “pursuant to Article 35” substitute “ by the Secretary of State ”.
- (24) For Article 24 substitute —
(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such a standard), the Secretary of State must presume that the conformity assessment body meets the approved body requirements covered by that standard (or the part of that standard). (2) The presumption in paragraph 1 is rebuttable.
- (25) For Article 25 substitute—
(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided— (a) the body is satisfied that the subcontractor or subsidiary meets the approved body requirements; (b) the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and (c) the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person. (2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established). (3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning— (a) the assessment of the qualifications of the subcontractor or the subsidiary; and (b) the conformity assessment activity carried out by the subcontractor or subsidiary. (4) In this Article, “subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006 .
- (26) Omit Articles 26 and 27.
- (27) For Article 28, substitute—
(1) The Secretary of State must— (a) assign an approved body identification number to each approved body; and (b) compile and maintain a register of— (i) approved bodies; (ii) their approved body identification numbers; (iii) the activities for which they have been approved; and (iv) any restrictions on those activities. (2) The register referred to in paragraph 1 must be made publicly available.
- (28) For Article 29, substitute—
(1) Where the Secretary of State determines that an approved body— (a) no longer meets an approved body requirement, or (b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in Article 20(6)(b), the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under Article 20. (2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in Article 20(6)(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under Article 20. (3) In deciding what action to take under paragraph 1 or 2, the Secretary of State must have regard to the seriousness of the non-compliance. (4) Before taking action under paragraph 1 or 2, the Secretary of State must— (a) give notice in writing to the approved body of the proposed action and the reasons for it; (b) give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and (c) consider any such representations made by the approved body. (5) Where the Secretary of State has taken action in respect of an approved body under paragraph 1 or 2, or where an approved body has ceased its activity, the approved body must, at the request of the Secretary of State— (a) transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or (b) keep its files relating to the activities it has undertaken as an approved body available for inspection by the Secretary of State and market surveillance authority for a period of 10 years from the date they were created. (6) The activities undertaken as an approved body referred to in paragraph 5 include any activities that the body has undertaken as a notified body.
- (29) Omit Article 30.
- (30) In Article 31—
- (a) in the heading, and in paragraph 5, for “notified” substitute “ approved ”;
- (b) in paragraph 1, for “Notified” substitute “ Approved ”;
- (c) after paragraph 1 insert—
(1A) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures in respect of which — (a) the body's approval was given under Article 20; or (b) the body's notification as a notified body was made.
- (d) in paragraphs 3 and 4, for “a notified” substitute “ an approved ”;
- (e) in paragraph 3 for “harmonised” substitute “ designated ”.
- (31) In Article 32—
- (a) for “Notified” substitute “ Approved ”; and
- (b) in the heading, for “notified” substitute “ approved ”.
- (32) In Article 33—
- (a) in the heading, for “notified” substitute “ approved ”;
- (b) in paragraph 1—
- (i) for—
- (aa) “Notified” substitute “Approved”;
- (bb) “notifying authority” substitute “Secretary of State”;
- (ii) in point (b), for “notification” substitute “ their approval ”;
- (iii) in point (c), for “market surveillance authorities” substitute “ the market surveillance authority ”;
- (iv) in point (d), for “notification” substitute “ approval ”;
- (c) in paragraph 2—
- (i) for “Notified” in the first place it occurs, substitute “ Approved ”;
- (ii) for “the other bodies notified” substitute “ other approved bodies ”.
- (33) Omit Article 34 and 35.
- (34) For the heading to Chapter V, substitute— “ MARKET SURVEILLANCE AND CONTROL OF APPLIANCES AND FITTINGS ENTERING THE MARKET OF GREAT BRITAIN ”.
- (35) In Article 36—
- (a) for the heading, substitute— “ Market surveillance and control of appliances and fittings entering the United Kingdom market ”;
- (b) for “Article 15(3) and Articles 16 to 29” substitute “ Articles 15(3), 16 to 22 and 26 to 29 ”.
- (36) In Article 37—
- (a) in the heading, omit “at national level”;
- (b) in paragraph 1—
- (i) in the first subparagraph (beginning “Where the market”)—
- (aa) for “authorities of one Member State have” substitute “ authority has ”;
- (bb) for “they” substitute “ the authority ”;
- (cc) in the last sentence, for “authorities” substitute “ authority ”;
- (ii) in the second subparagraph (beginning “Where, in the course of the evaluation”)—
- (aa) for “authorities find” substitute “ authority finds ”;
- (bb) for “they” in both places, substitute “ the authority ”;
- (iii) in the third subparagraph (beginning “The market surveillance authorities”)—
- (aa) for “authorities”, substitute “ authority ”;
- (bb) for “notified” substitute “ approved ”;
- (c) omit paragraph 2;
- (d) in paragraph 3, omit “throughout the Union”;
- (e) in paragraph 4—
- (i) in the first subparagraph (beginning “Where the relevant”)—
- (aa) for “authorities”, substitute “ authority ”;
- (bb) omit “provisional”;
- (cc) for “their national market” substitute “ the market ”;
- (ii) omit the second subparagraph (beginning “The market surveillance authorities shall”);
- (f) omit paragraphs 5 to 8.
- (37) Omit Article 38.
- (38) In Article 39—
- (a) in paragraph 1, for “a Member State” substitute “ the enforcement authority ”;
- (b) in paragraph 2, omit “throughout the Union”;
- (c) omit paragraphs 3 to 5.
- (39) In Article 40—
- (a) in paragraph 1—
- (i) in the first sentence, for “a Member State” substitute “ the enforcement authority ”;
- (ii) in points (a) and (b), for “CE” substitute “ UK ”;
- (iii) in point (d), for “notified” substitute “ approved ”;
- (iv) in points (e) and (f), omit “EU”;
- (b) in paragraph 2, for “Member State concerned” substitute “ enforcement authority ”.
- (40) Omit Articles 41 to 43.
- (41) For Article 44, substitute—
(1) In this Article, “pre-exit period” means the period beginning with 21 April 2018 and ending immediately before IP completion day. (2) Subject to paragraph 3, where an appliance or fitting was made available on the market during the pre-exit period, despite the amendments made by Schedule 36 of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 , any obligation to which a person was subject under Regulation 2016/426 (pre-exit), continues to have effect as it did immediately before IP completion day, in relation to that appliance or fitting. (3) Paragraph 2 does not apply to— (a) any obligation of the enforcement authority to inform the European Commission or the member States of any matter, or (b) any obligation to take action outside of the United Kingdom in respect of that appliance or fitting. (4) Where during the pre-exit period— (a) an appliance or fitting has not been placed on the market; and (b) a manufacturer has taken any action under Article 14 of Regulation 2016/426 (pre-exit) in relation to that appliance or fitting, that action has effect as if it had been done under Article 14 of this Regulation.
- (42) Omit Articles 45 and 46.
- (43) After Article 46, omit—
- (a) the words “This Regulation shall be binding” to the end;
- (b) “Done at Strasbourg, 9 March 2016”;
- (c) the signatory text.
- (44) In Annex I—
- (a) in paragraph 1.7, omit “EU”;
- (b) in paragraph 3.1.7—
- (i) for “Directive 2014/53/EU of the European Parliament and of the Council” substitute “ the Radio Equipment Regulations 2017 ”;
- (ii) for “Directive 2014/35/EU of the European Parliament and of the Council” substitute “ the Electrical Equipment (Safety) Regulations 2016 ”;
- (c) in paragraph 3.1.8—
- (i) for “Directive 2014/53/EU” substitute “ the Radio Equipment Regulations 2017 ”
- (ii) for “Directive 2014/30/EU of the European Parliament and of the Council” substitute “ the Electromagnetic Compatibility Regulations 2016 ”.
- (45) In Annex II—
- (a) in the heading, omit “of the Member States communications”, and after “Conditions” insert “ to be published under Article 4 ”;
- (b) in paragraph 1, for the words “The communications” to “the following content” substitute “ The Secretary of State must provide the following content in the information that is published under Article 4 ”.
- (46) In Annex III—
- (a) in the heading at paragraph 1 and in paragraphs 1.1, 1.2, 1.3, 1.3.1(c)(8), 1.3.2(a) in both places, 1.6 in the second subparagraph, 1.7 in the second subparagraph in both places, 1.8 in each place and 1.9, omit “EU”;
- (b) in paragraph 1.1, for “a notified” substitute “ an approved ”;
- (c) in paragraph 1.3, for “a single notified” substitute “ a single approved ”;
- (d) in paragraphs 1.3.1(b), 1.3.1(d), 1.3.2 in both places, 1.4, 1.5 in both places, 1.6 in the first and fourth subparagraphs, 1.7 in each place, and 1.8 in each place, for “notified” substitute “ approved ”;
- (e) in paragraph 1.3.1—
- (i) in point (c)(4) in each place it occurs, and in point (e), for “harmonised” substitute “ designated ”;
- (ii) in point (c)(4), omit the words from “the references of” to “Union”;
- (f) in paragraphs 1.4.2, 1.4.3 and 1.4.4, for “harmonised” substitute “ designated ”;
- (g) in paragraph 1.5, for “notifying authorities” substitute Secretary of State”;
- (h) in paragraph 1.6, in the first subparagraph (beginning “Where the appliance”), and in the fourth subparagraph (beginning “Where the type”), for “an EU” substitute “ a ”;
- (i) in paragraph 1.8—
- (i) in the first subparagraph (beginning “Each notified body shall inform its”), for “its notifying authority” in both places, substitute “ the Secretary of State ”,
- (ii) in the third subparagraph (beginning “The Commission”)—
- (aa) for “The Commission, the Member States” substitute “ The Secretary of State ”;
- (bb) for “Commission and the Member States” substitute “ Secretary of State ”;
- (j) in paragraph 1.9, for “national authorities” substitute “ enforcement authority ”;
- (k) in paragraphs 2.1, 2.2, 2.4.1 and 2.4.2 in each place, and in the heading at paragraph 2.4, omit “EU”;
- (l) in paragraph 2.3—
- (i) in the first subparagraph (beginning “A notified body”)—
- (aa) for “A notified” substitute “ An approved ”;
- (bb) for “the notified”, in both place it occurs, substitute “ the approved ”;
- (cc) for “harmonised” substitute “ designated ”;
- (ii) in the third subparagraph (beginning “The manufacturer shall”), for “notified”, in both places, substitute “ approved ”;
- (m) in the heading at paragraph 2.4 and in paragraph 2.4.1, for “CE” substitute “ UK ”;
- (n) in paragraph 2.4.2—
- (i) in the first subparagraph (beginning “The manufacturer shall”), for “national authorities” substitute “ enforcement authority ”;
- (ii) in the second subparagraph (beginning “A copy of”), for “relevant authorities” substitute “ enforcement authority ”;
- (o) in paragraphs 3.1, 3.3.1(e), 3.3.2 in the first subparagraph, 3.5.1 and 3.5.2 in each place, and in the heading at paragraph 3.5, omit “EU”;
- (p) in paragraphs 3.3.1 in both places, 3.3.3 in the first subparagraph, 3.3.5 in both places, 3.4.2, 3.4.3, 3.4.4 in each place, 3.5.1, 3.6(c), 3.7 in each place, and in the heading at paragraph 3.4, for “notified” substitute “ approved ”;
- (q) in paragraph 3.3.3, in the second subparagraph (beginning “It shall presume”), for “harmonised” substitute “ designated ”;
- (r) in the heading at paragraph 3.5 and in paragraph 3.5.1, for “CE” substitute “ UK ”;
- (s) in paragraph 3.5.2—
- (i) in the first subparagraph (beginning “The manufacturer shall”), for “national authorities” substitute “ enforcement authority ”;
- (ii) in the second subparagraph (beginning “A copy of”), for “relevant authorities” substitute “ enforcement authority ”;
- (t) in paragraph 3.6, in the first sentence, for “national authorities” substitute “ enforcement authority ”;
- (u) in paragraph 3.7, in the first subparagraph (beginning “Each notified body shall inform its”) for “its notifying authority”, in both places, substitute “ the Secretary of State ”;
- (v) in paragraphs 4.1, 4.3.1(e), 4.3.2 in the first sentence, 4.5.1, 4.5.2 in each place, and in the heading at paragraph 4.5, omit “EU”;
- (w) in paragraphs 4.3.1 in both places, 4.3.3 in the first subparagraph, 4.3.5 in both places, 4.4.2, 4.4.3, 4.4.4 in each place it occurs, 4.5.1, 4.6(c), and 4.7 in each place it occurs, and in the heading at paragraph 4.4, for “notified” substitute “ approved ”;
- (x) in paragraph 4.3.3, in the second subparagraph (beginning “It shall presume”), for “harmonised” substitute “ designated ”;
- (y) in the heading at paragraph 4.5 and in paragraph 4.5.1, for “CE” substitute “ UK ”;
- (z) in paragraph 4.5.2—
- (i) in the first subparagraph (beginning “The manufacturer”), for “national authorities” substitute “ enforcement authority ”;
- (ii) in the second subparagraph (beginning “A copy of”), for “relevant authorities” substitute “ enforcement authority ”;
- (aa) in paragraph 4.6, in the first sentence, for “national authorities” substitute “ enforcement authority ”;
- (bb) in paragraph 4.7, in the first subparagraph (beginning “Each notified body shall inform its”), for “its notifying authority” in both places it occurs, substitute “ the Secretary of State ”;
- (cc) in paragraphs 5.1, 5.2, 5.3 in the first subparagraph, 5.4.1 in the first subparagraph, 5.6.1 and 5.6.2 in each place, and in the heading at paragraph 5.6, omit “EU”;
- (dd) in paragraph 5.3, in the first subparagraph (beginning “A notified body”), for “A notified” substitute “ An approved ”;
- (ee) in paragraphs 5.4.1 in both places and 5.5.2 in both places, for “harmonised” substitute “ designated ”;
- (ff) in paragraphs 5.4.1 in the second subparagraph, 5.4.2 in the first subparagraph, 5.5.2, 5.5.3, 5.5.4 in the second subparagraph, 5.5.5 in both places, 5.6.1, 5.6.2 in the third subparagraph in both places and 5.7 in both places, for “notified” substitute “ approved ”;
- (gg) in paragraph 5.4.2, in the second subparagraph (beginning “The manufacturer”), for “national authorities” substitute “ enforcement authority ”;
- (hh) in paragraph 5.5.4, in the third subparagraph (beginning “The manufacturer”), for “national authorities” substitute “ enforcement authority ”;
- (ii) in paragraph 5.5.5, for “competent authority” substitute “ enforcement authority ”;
- (jj) in the heading at paragraph 5.6 and in paragraph 5.6.1, for “CE” substitute “ UK ”;
- (kk) in paragraph 5.6.2—
- (i) in the first subparagraph (beginning “The manufacturer”), for “national authorities” substitute “ enforcement authority ”;
- (ii) in the second subparagraph (beginning “A copy of”), for “relevant authorities” substitute “ enforcement authority ”;
- (ll) in paragraphs 6.2, 6.2.2 in the first subparagraph and in point (c), 6.4 in the second and third subparagraphs, and 6.5.1, for “notified” substitute “ approved ”;
- (mm) in paragraph 6.2.1(d)—
- (i) for “harmonised” in each place it occurs, substitute “ designated ”;
- (ii) omit the words from “the references of which” to “Union”;
- (nn) in paragraphs 6.2.2(a) in both places and 6.5.2 in each place, and in the heading at paragraph 6.5, omit “EU”;
- (oo) in paragraph 6.2.2 in the second subparagraph (beginning “The manufacturer”), for “relevant national authorities” substitute “ enforcement authority ”;
- (pp) in paragraph 6.4—
- (i) in the first subparagraph (beginning “A notified body”)—
- (aa) for “A notified” substitute “ An approved ”;
- (bb) for “harmonised” in both places, substitute “ designated ”;
- (cc) for “the notified” substitute “ the approved ”;
- (ii) in the fourth subparagraph (beginning “The manufacturer”), for “national authorities” substitute “ enforcement authority ”;
- (qq) in the heading at paragraph 6.5 and in paragraph 6.5.1, for “CE” substitute “ UK ”;
- (rr) in paragraph 6.5.2—
- (i) in the first subparagraph (beginning “The manufacturer”), for “national authorities” substitute “ enforcement authority ”;
- (ii) in the second subparagraph (beginning “A copy of”), for “relevant authorities” substitute “ enforcement authority ”.
- (47) In Annex IV, in the first sentence, for “CE” substitute “ UK ”;
- (48) In Annex V—
- (a) in the heading omit “EU”;
- (b) in paragraph 5—
- (i) for “Union harmonisation legislation” substitute “ statutory requirements ”;
- (ii) omit “(reference to the other Union acts applied)”;
- (c) in paragraph 6, for “harmonised” substitute “ designated ”;
- (d) in paragraph 7, for “notified” substitute “ approved ”;
- (49) Omit Annex VI.
SCHEDULE 37 — Revocation of retained direct EU and EEA legislation
General
1
The following are revoked—
- (a) Council Regulation (EC) No. 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States;
- (b) Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008;
- (c) Decision (EC) No. 768/2008 of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93/465/EEC;
- (d) Regulation (EU) No. 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council;
- (e) the following provisions of Part 2 of Annex II to the EEA Agreement—
- (i) paragraphs 2, 3d, and 3f of Chapter XIX; and
- (ii) paragraph 1 of Chapter XX.
Signed
Kelly Tolhurst — Parliamentary Under Secretary of State — 2019-03-27
Explanatory note
(This note is not part of the Regulations)
Footnotes
S.I. 1977/932, amended by S.I.1985/306 and S.I. 2015/1630. They were made under section 2(2) of the European Communities Act 1972 (c. 68) and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 1988/186; they were revoked, subject to savings, by S.I. 2015/356 and relevant amending instruments are S.I. 2008/1267, S.I. 2015/1630. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 1988/2039, amended by S.I. 2009/663.There are other amending instruments but none is relevant.
S.I. 2001/1701; relevant amending instruments are S.I. 2005/3525, S.I. 2008/1597, S.I. 2011/1043, S.I. 2015/98. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2005/1803; relevant amending instrument is S.I 2011/1043. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2005/3117, to which there are amendments not relevant to these Regulations.
S.I. 2006/659, to which there are amendments not relevant to these Regulations. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2008/1597; relevant amending instruments are S.I. 2011/1043, S.I. 2011/2157. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2009/2824, amended by S.I. 2014/1130, S.I. 2018/29. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2009/3155; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2011/1881, amended by S.I. 2015/1630. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2014/1638, amended by S.I. 2016/315. There are other amending instruments but none is relevant. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2015/356; they were made in part under section 2(2) of the European Communities Act 1972 and were saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2015/398, to which there are amendments not relevant to these Regulations. They were made in part under section 2(2) of the European Communities Act 1972 and were saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2015/1553; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1091, amended by S.I. 2017/1206. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1092, amended by S.I. 2017/1206, S.I. 2018/966. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1093, amended by S.I. 2016/1186, S.I. 2018/389. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1101, to which there are amendments not relevant to these Regulations; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1105, relevant amending instrument is S.I. 2017/1206. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1107; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1152; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1153; they were made under section 2(2) of the European Communities Act 1972 and were saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2017/737, to which there are amendments not relevant to these Regulations. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2017/1206, to which there are amendments not relevant to these Regulations. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.R. 2016 No. 366; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.R. 2017 No. 90; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2013/1478, amended by S.I. 2015/1630. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2018/390; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2018/389; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
Section 76 was amended by the Treaty of Lisbon (Changes in Terminology) Order 2011 (SI 2011/1043), article 6(1)(e) and (3).
OJ L 218, 13.8.2008 p30.
S.I. 1986/1082 as amended by S.I. 1994/2867, S.I. 1995/1804, S.I. 2001/55 and S.I. 2009/3046.
The definition of “EC declaration of conformity” has been amended by regulation 26 of and paragraph 2(b) to Schedule 7 to S.I. 2008/1597.
S.I. 2012/1916, to which there are amendments not relevant to these Regulations.
S.I. 2016/1011, amended by S.I.2017/1206, S.I. 2018/966.
S.I. 2012/1657, amended by S.I. 2016/765, S.I. 2018/942.
S.I. 2009/717, to which there are amendments not relevant to these Regulations.
S.I. 2016/1101, amended by S.I. 2017/1206, S.I. 2018/966.
S.I. 2009/717, to which there are amendments not relevant to these Regulations.
ECE/TRANS/257 2017.
OJ L 218, 13.8.2008, p30.
It is optional for the manufacturer to assign a number to the declaration of conformity.
OJ No. L 178, 28.06.2013, p.27.
OJ L 396, 30.12.2006, p. 1.
S.I. 2016/1092 as amended by S.I. 2017/1206 and S.I. 2018/966.
S.I. 2009/2824 as amended by S.I. 2014/1130 and S.I. 2018/29.
S.I. 2008/1597 as amended by S.I. 2011/1043, S.I. 2014/469, S.I. 2015/1682, S.I. 2014/3248, S.I. 2015/1630, S.I. 2016/1105 and S.I. 2016/427.
S.I. 2016/1093 as amended by S.I. 2016/1186 and S.I. 2018/389.
S.I. 2016/1101 as amended by S.I. 2017/1206 and S.I. 2018/966.
S.I. 2009/1348 as amended by S.I. 2011/1885, S.I. 2013/235, S.I. 2014/469, S.I. 2014/1638, S.I. 2013/119, S.I. 2015/1682, S.I. 2016/721 and S.I. 2017/1075.
As published by the International Maritime Organisation (a specialised agency of the United Nations).
As published by the International Civil Aviation Organisation (a specialised agency of the United Nations).
For I = r, the corresponding column of Table 1 applies, with e replaced by er.
It is optional for the manufacturer to assign a number to the declaration of conformity.
A signal generator is outside the scope of these Regulations.
It is optional for the manufacturer to assign a number to the declaration of conformity.
S.I. 1996/1353, amended by S.I. 1998/116 and S.I. 2004/693. The Regulations were revoked with savings by S.I. 2004/1464.
S.I. 2004/1464, amended by S.I. 2004/3201 and 2011/1043. The Regulations were revoked with savings by S.I. 2017/737.
Regulation 50 and Schedule 6 make further provision where an economic operator has a conformity assessment carried out on a product under this Module.
Regulation 52 and Schedule 8 make further provision in certain circumstances where an economic operator has a conformity assessment carried out on a product under this Module.
Regulation 51 and Schedule 7 make further provision where an economic operator has a conformity assessment carried out on a product under this Module.
S.I. 2017/737, amended by S.I. 2017/1206 and S.I. 2018/389.
S.I. 2000/730; amended by S.I. 2003/1903, S.I. 2003/3144, S.I. 2005/281, S.I. 2015/1630 and S.I. 2016/1101.
It is optional for the manufacturer to assign a number to the declaration of conformity.
S.I. 2005/1803, paragraph (A1) is inserted by Schedule 9 of these regulations.
Copies are available from the Department for Business, Energy and Industrial Strategy (Goods, Borders and Customs team), 1 Victoria Street, London SW1H 0ET.
OJ L 342, 22.12.2009, p.59.
S.I. 2013/1478; regulation 7(1)(a) was amended and Schedule 2 was revoked by S.I. 2015/1630.
S.I. 1999/3106; regulation 2(1) was amended by S.I. 2004/994; there are some other amendments not relevant to these Regulations.
Copies of the glossary of common ingredients is available from the Office of Product Safety and Standards, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H OET.
S.I. 2013/1478; regulation 7(1)(a) was amended and Schedule 2 was revoked by S.I. 2015/1630.
OJ L 342, 22.12.2009 p. 59.
Council Directive 86/188/EEC on the protection of workers from the risks related to exposure to noise at work was repealed by Article 15 of Council Directive 2003/10/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise), (OJ No L42, 15.2.2003, p 38). These Regulations implement, as respects Great Britain and Northern Ireland, Directive 2003/10/EC. There are amendments not relevant to this instrument.
S.I. 1992/2966. There are amendments not relevant to this instrument.
S.I. 2002/2676. There are amendments not relevant to this instrument.
S.I. 2002/2677. There are amendments not relevant to this instrument.
S.R. 2003 No.34. There are amendments not relevant to this instrument.
S.R. 2003 No.35. There are amendments not relevant to this instrument.
S.I. 2005/1643. There are amendments not relevant to this instrument.
S.R. 2006 No.1. There are amendments not relevant to this instrument.
S.I. 2008/2852. There are amendments not relevant to this instrument.
S.I. 2012/632. There are amendments not relevant to this instrument.
S.R. 2012 No.179. There are amendments not relevant to this instrument.
S.I. 2017/1075. There are amendments not relevant to this instrument.
S.R. 2017 No.229. There are amendments not relevant to this instrument.
These Regulations implement, as respects Great Britain and Northern Ireland, Directive 2003/10/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise), (OJ No L42, 15.2.2003, p 38). There are amendments not relevant to this instrument.
S.I. 2010/2617, amended by S.I. 2011/1043, S.I. 2011/2677, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2017/1143.
S.I. 2017/1206. There is an amendment not relevant to this instrument.
S.I. 2016/1101. There are amendments not relevant to this instrument.
Editorial notes
S.I. 1977/932, amended by S.I.1985/306 and S.I. 2015/1630. They were made under section 2(2) of the European Communities Act 1972 (c. 68) and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 1988/186; they were revoked, subject to savings, by S.I. 2015/356 and relevant amending instruments are S.I. 2008/1267, S.I. 2015/1630. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 1988/2039, amended by S.I. 2009/663.There are other amending instruments but none is relevant.
S.I. 2001/1701; relevant amending instruments are S.I. 2005/3525, S.I. 2008/1597, S.I. 2011/1043, S.I. 2015/98. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2005/1803; relevant amending instrument is S.I 2011/1043. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2005/3117, to which there are amendments not relevant to these Regulations.
S.I. 2006/659, to which there are amendments not relevant to these Regulations. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2008/1597; relevant amending instruments are S.I. 2011/1043, S.I. 2011/2157. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2009/2824, amended by S.I. 2014/1130, S.I. 2018/29. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2009/3155; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2011/1881, amended by S.I. 2015/1630. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2014/1638, amended by S.I. 2016/315. There are other amending instruments but none is relevant. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2015/356; they were made in part under section 2(2) of the European Communities Act 1972 and were saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2015/398, to which there are amendments not relevant to these Regulations. They were made in part under section 2(2) of the European Communities Act 1972 and were saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2015/1553; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1091, amended by S.I. 2017/1206. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1092, amended by S.I. 2017/1206, S.I. 2018/966. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1093, amended by S.I. 2016/1186, S.I. 2018/389. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1101, to which there are amendments not relevant to these Regulations; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1105, relevant amending instrument is S.I. 2017/1206. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1107; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1152; they were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2016/1153; they were made under section 2(2) of the European Communities Act 1972 and were saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2017/737, to which there are amendments not relevant to these Regulations. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2017/1206, to which there are amendments not relevant to these Regulations. They were made under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2013/1478, amended by S.I. 2015/1630. They were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2018/390; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
S.I. 2018/389; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.
Section 76 was amended by the Treaty of Lisbon (Changes in Terminology) Order 2011 (SI 2011/1043), article 6(1)(e) and (3).
OJ L 218, 13.8.2008 p30.
S.I. 1986/1082 as amended by S.I. 1994/2867, S.I. 1995/1804, S.I. 2001/55 and S.I. 2009/3046.
The definition of “EC declaration of conformity” has been amended by regulation 26 of and paragraph 2(b) to Schedule 7 to S.I. 2008/1597.
S.I. 2012/1916, to which there are amendments not relevant to these Regulations.
S.I. 2016/1011, amended by S.I.2017/1206, S.I. 2018/966.
S.I. 2012/1657, amended by S.I. 2016/765, S.I. 2018/942.
S.I. 2016/1101, amended by S.I. 2017/1206, S.I. 2018/966.
ECE/TRANS/257 2017.
OJ L 218, 13.8.2008, p30.
It is optional for the manufacturer to assign a number to the declaration of conformity.
OJ No. L 178, 28.06.2013, p.27.
OJ L 396, 30.12.2006, p. 1.
S.I. 2016/1092 as amended by S.I. 2017/1206 and S.I. 2018/966.
S.I. 2009/2824 as amended by S.I. 2014/1130 and S.I. 2018/29.
S.I. 2008/1597 as amended by S.I. 2011/1043, S.I. 2014/469, S.I. 2015/1682, S.I. 2014/3248, S.I. 2015/1630, S.I. 2016/1105 and S.I. 2016/427.
S.I. 2016/1093 as amended by S.I. 2016/1186 and S.I. 2018/389.
S.I. 2016/1101 as amended by S.I. 2017/1206 and S.I. 2018/966.
S.I. 2002/618 as amended by S.I. 2003/1400, S.I. 2003/1697, S.I. 2005/2759, S.I. 2005/2909, S.I. 2007/400, S.I. 2007/610, S.I. 2007/803, S.I. 2008/530, S.I. 2008/2936, S.I. 2009/383, S.I. 2010/557, S.I. 2012/1426, S.I. 2013/525, S.I. 2013/2327 and S.I. 2017/207.
S.I. 2009/1348 as amended by S.I. 2011/1885, S.I. 2013/235, S.I. 2014/469, S.I. 2014/1638, S.I. 2013/119, S.I. 2015/1682, S.I. 2016/721 and S.I. 2017/1075.
As published by the International Maritime Organisation (a specialised agency of the United Nations).
As published by the International Civil Aviation Organisation (a specialised agency of the United Nations).
For I = r, the corresponding column of Table 1 applies, with e replaced by er.
It is optional for the manufacturer to assign a number to the declaration of conformity.
A signal generator is outside the scope of these Regulations.
It is optional for the manufacturer to assign a number to the declaration of conformity.
S.I. 1996/1353, amended by S.I. 1998/116 and S.I. 2004/693. The Regulations were revoked with savings by S.I. 2004/1464.
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