The Construction Products (Amendment etc.) (EU Exit) Regulations 2020

Made: 26th November 2020

Coming into force in accordance with regulation 1

In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018[^f00002], a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 and come into force immediately before the 2019 Regulations come into force.

Interpretation

2

• (1) In these Regulations—

• “the 2011 Regulation” means 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[^f00003];

• “the 2019 Regulations” means the Construction Products (Amendment etc.) (EU Exit) Regulations 2019[^f00004];

• “the EU Construction Products Regulation” means 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[^f00005] as it has effect in EU law as amended from time to time;

• “the RAMS Regulation” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93[^f00006] as it has effect in EU law as amended from time to time;

• “CE marking” means the marking presented in Annex 2 to the RAMS Regulation;

• “construction product” means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works;

• “EU-assessed product” means a construction product which is covered by a harmonised standard, or conforms to a European Technical Assessment which has been issued for it, where the assessment and verification of constancy of performance of the product under Article 28 of the EU Construction Products Regulation was carried out by a body based in the European Union (not including Northern Ireland);

• “UK-assessed product” means a construction product which is covered by a harmonised standard, or conforms to a European Technical Assessment which has been issued for it, where the assessment and verification of constancy of performance of the product under Article 28 of the EU Construction Products Regulation was carried out by a body based in the United Kingdom;

• “UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020[^f00007].

• (2) A reference in the RAMS Regulation, as it applies to construction products, or in the EU Construction Products Regulation, to “the market surveillance authorities” shall have effect in relation to the United Kingdom in respect of Northern Ireland as a reference to “the Secretary of State or to an enforcement authority”.

• (3) Any other expression used in these Regulations (except in Schedule 1) and occurring in the EU Construction Products Regulation shall have the same meaning as it has in that Regulation.

Amendments to the 2019 Regulations

3

• (1) The 2019 Regulations are amended as follows.

• (2) Schedule 1 to the 2019 Regulations (amendments to the 2011 Regulation) is amended in accordance with the amendments set out in Schedule 1 to these Regulations.

• (3) Schedule 2 to the 2019 Regulations (amendments to the 2013 Regulations) is amended in accordance with the amendments set out in Schedule 2 to these Regulations.

• (4) Schedule 3 to the 2019 Regulations (amendments etc of EU tertiary legislation and consequential provision) is amended as follows—

• (a) in the heading after “provision” insert “— Great Britain”;

• (b) in paragraph 1, for “are repealed” substitute “have effect, in relation to England and Wales, and Scotland, as if they were repealed”;

• (c) in paragraph 2(1), after “effect” insert “, in relation to England and Wales, and Scotland,”;

• (d) in paragraph 2(1)(d) for “relevant standard” substitute “designated standard”;

• (e) in paragraph 2(1)(e) for “the United Kingdom” substitute “Great Britain”;

• (f) in paragraph 3, omit the first “In”, and for “, omit Article 2” substitute “has effect, in relation to England and Wales, and Scotland, as if Article 2 were omitted”;

• (g) in paragraph 4(1), for “In the” substitute “The”, and for “, omit Article 3” substitute “have effect, in relation to England and Wales, and Scotland, as if Article 3 were omitted”;

• (h) in paragraph 5(1), for “In the” substitute “The”, and for “, omit Article 4” substitute “have effect, in relation to England and Wales, and Scotland, as if Article 4 were omitted”;

• (i) in paragraph 6(1), after “amended” insert “, in relation to England and Wales, and Scotland,”;

• (j) in paragraph 7(1)—

• (i) for “In the” substitute “The”;

• (ii) for “, after Article 2, omit” substitute “have effect, in relation to England and Wales, and Scotland, as if in Article 2”;

• (iii) after “sentence” insert “were omitted”;

• (k) in paragraph 8—

• (i) omit “In”;

• (ii) for “, after Article 3, omit” substitute “has effect, in relation to England and Wales, and Scotland, as if in Article 3”;

• (iii) after “sentence” insert “were omitted”;

• (l) in paragraph 9—

• (i) omit “In”;

• (ii) for “, after Article 3, omit” substitute “has effect, in relation to England and Wales, and Scotland, as if in Article 3”;

• (iii) after “sentence” insert “were omitted”;

• (m) in paragraph 10, omit “In” and for “, omit points 2 and 2A” substitute “has effect, in relation to England and Wales, and Scotland, as if points 2 and 2A were omitted”.

Construction products to be placed on the market in Northern Ireland

4

• (1) In relation to the marking of construction products to be placed on the market in respect of Northern Ireland, the general principles (including as to form of the marking to be used)—

• (a) set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 shall apply to the UK(NI) indication;

• (b) set out in Article 30 of the RAMS Regulation shall apply to the CE marking.

• (2) The EU Construction Products Regulation[^f00008], as it applies in the United Kingdom in respect of Northern Ireland, has effect—

• (a) as if—

• (i) in Article 2, for paragraphs 21 to 22, there were substituted—

(21) ‘importer’ means any natural or legal person who is established within the relevant market and places a construction product from outside the relevant market on that market; (22) ‘authorised representative’ means any natural or legal person established within the relevant market who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks; (22A) ‘relevant market’ means— (a) the market in Northern Ireland; and (b) the market of the EEA states;

• (ii) in paragraph 5 of Article 48, the reference to “objections” did not include objections on the grounds that —

• (aa) the conformity assessment body is established in the United Kingdom; or

• (bb) the accreditation certificate was issued by the United Kingdom’s accreditation body; and

• (b) where a UK-assessed product is to be placed on the market in Northern Ireland, as if—

• (i) references to affixing a CE marking were a reference to affixing a CE marking and an accompanying UK(NI) indication[^f00009];

• (ii) references to a notified body were a reference to the UK-based body which carried out the assessment and verification of constancy of performance under Article 28 of the EU Construction Products Regulation in relation to the product.

Enforcement rules — Northern Ireland

5

Schedule 3 to these Regulations has effect, in respect of Northern Ireland, to make provision for the enforcement of the EU Construction Products Regulation and the RAMS Regulation in relation to construction products.

SCHEDULE 1 — Amendments to Schedule 1 to the 2019 Regulations

1

Schedule 1 to the 2019 Regulations is amended as follows.

2

In the heading after “Regulation” insert “— Great Britain”.

3

For paragraph 1 substitute—

(1) The 2011 Regulation is amended in accordance with paragraphs 2 to 69 of this Schedule in respect of construction products made available or placed on the market in Great Britain.

4

For paragraph 2 substitute—

(2) In Article 1 (subject matter), for “use of CE marking” substitute “use of UK marking, and in certain cases CE marking or CE marking accompanied by the UK(NI) indication,”.

5

In paragraph 3—

• (a) in sub-paragraph (9), for “United Kingdom market” substitute “market of Great Britain”;

• (b) in sub-paragraph (10), after inserted paragraph 17C insert—

(17CA) ‘CE marking accompanied by the UK(NI) indication’ means CE marking (as defined above) accompanied by the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.

• (c) for sub-paragraph (11) substitute—

(11) For paragraph 21, substitute— (21) ‘importer’ means any natural or legal person who— (a) is established within the United Kingdom and places a construction product from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places a construction product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state.

6

In paragraph 7(2) and (3) after “the United Kingdom” insert “in respect of Great Britain”.

7

In paragraph 10, in paragraph 5 of substituted Article 8—

• (a) after “CE marking” insert “(or CE marking accompanied by the UK(NI) indication)”;

• (b) for “the United Kingdom” substitute “Great Britain”.

8

For paragraph 15(2) substitute—

(2) In paragraph 1, for “Union market” substitute “market of Great Britain”.

9

In paragraph 17—

• (a) in inserted Article 16A—

• (i) in paragraph 1(b)(vi), after “Regulation” insert “or, in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, a CE marking accompanied by the UK(NI) indication in accordance with Articles 8 and 9 of the EU Construction Products Regulation”;

• (ii) in paragraph 2(b), in the substituted Article 8(3), after “CE marking”, in both places, insert “or CE marking accompanied by the UK(NI) indication”;

• (iii) in paragraph 3(c) at the end insert “or, as the case may be, CE marking accompanied by the UK(NI) indication”;

• (b) in paragraph 1(b) of inserted Article 16B, for paragraph (iii) substitute—

(iii) ensures that the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication; (iv) ensures that the product is accompanied by the ‘required documents’ referred to in Article 13(2) of the EU Construction Products Regulation.

• (c) in paragraph 1(b)(ii) of inserted Article 16C, for paragraph (aa) substitute—

(aa) the product bears the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication;

10

In paragraph 28, in paragraphs 3 and 7 of inserted Article 27, for “the United Kingdom” substitute “Great Britain”.

11

In paragraph 61, in paragraph 1 of inserted Article 59A, for sub-paragraphs (a) and (b) substitute—

(a) the CE marking, or in the case of a product to which regulation 4(2)(b) of the Construction Products (Amendment etc.) (EU Exit) Regulations 2020 applies, the CE marking accompanied by the UK(NI) indication, has not been affixed in accordance with Article 8(2) of the EU Construction Products Regulation; (b) the CE marking, or in the case of a product to which that regulation 4(2)(b) applies, the CE marking accompanied by the UK(NI) indication, has been affixed in breach of Article 8 or 9 of the EU Construction Products Regulation;

12

In paragraph 66, in paragraph 8 of the inserted Annex 2—

• (a) in both places, for “15 working days” substitute “21 days”; and

• (b) omit the definition of “working day”.

13

In paragraph 67, in sub-paragraphs (4) and (5), after “the United Kingdom” insert “in respect of Great Britain”.

14

In paragraph 68, for paragraph (a) substitute—

(a) in point b, for “the Member States where it is designated” substitute “Great Britain”;

15

In paragraph 71—

• (a) in sub-paragraph (1), for “the United Kingdom”, in the first place it occurs, substitute “Great Britain”;

• (b) in sub-paragraph (3)(a), after “the United Kingdom”, in both places, insert “in respect of Great Britain”.

16

In paragraph 75—

• (a) after sub-paragraph (b) insert—

(c) the manufacturer intends to place the product on the market of Great Britain,

• (b) in the words after the sub-paragraphs—

• (i) for “those actions” substitute “the actions in sub-paragraph (b)”; and

• (ii) after “the United Kingdom” insert “in respect of Great Britain”.

17

In the following provisions of Schedule 1, for “exit day” substitute “IP completion day”—

• (a) paragraph 3(2) in the inserted paragraph 9A;

• (b) paragraph 3(7) in the inserted paragraph 13F, in each place;

• (c) paragraph 3(12) in the inserted paragraphs 22 and 22B, in each place it occurs;

• (d) paragraph 19 in the inserted Article 18B, in each place it occurs;

• (e) paragraph 30 in the inserted Article 29;

• (f) paragraph 40 in the inserted Article 39A, in each place it occurs;

• (g) paragraph 70(1) and (2), in each place it occurs;

• (h) paragraph 71(1) and (3), in each place it occurs;

• (i) paragraph 72(1) and (2);

• (j) paragraph 73(1) in both places;

• (k) paragraph 74(1) and (2), in each place it occurs;

• (l) paragraph 75 in both places;

• (m) paragraph 76 in both places;

• (n) paragraph 77, in the definitions of “construction product”, “manufacturer”, “notified body”, “pre-exit period” and “UK notified body”.

SCHEDULE 2 — Amendments to Schedule 2 to the 2019 Regulations

For Schedule 2 (amendments to the 2013 Regulations) to the 2019 Regulations substitute—