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The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 47 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/465
  • These Regulations may be cited as the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
  • In these Regulations—
  • Schedule 1 (amendments to the 2011 Regulation) has effect.
  • Schedule 2 (amendments to the 2013 Regulations) has effect.
  • Schedule 3 (amendments etc of EU tertiary legislation and consequential provision) has effect.
    • (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.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,”.Article 2 (definitions) is amended as follows.After paragraph 9, insert—
      (9A) ‘relevant enactment’ means any retained EU law which is derived from an EU instrument issued before F16IP completion day harmonising the conditions for the marketing of products in the EU;(9B) ‘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 as it has effect in EU law as amended from time to time;.
    ‘relevant enactment’ means any retained EU law which is derived from an EU instrument issued before F16IP completion day harmonising the conditions for the marketing of products in the EU;‘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 as it has effect in EU law as amended from time to time;.for “harmonised”, in the second place it occurs, substitute “ designated ”;for “European” substitute “ UK ”.After paragraph 10, insert—
      (10A) ‘designated standard’ means a standard which is or becomes designated under Article 18B;(10B) ‘standardisation mandate’ means a request to prepare a standard for the purposes of this Regulation;(10C) ‘recognised standardisation body’ means the British Standards Institution or such other body as the Secretary of State may, in addition, by notice in writing recognise as a standardisation body for the purposes of this Regulation;(10D) ‘coexistence period’ means the period during which a manufacturer may choose to use a designated standard to make a declaration of performance for a construction product covered by it;
    .    ‘designated standard’ means a standard which is or becomes designated under Article 18B;‘standardisation mandate’ means a request to prepare a standard for the purposes of this Regulation;‘recognised standardisation body’ means the British Standards Institution or such other body as the Secretary of State may, in addition, by notice in writing recognise as a standardisation body for the purposes of this Regulation;‘coexistence period’ means the period during which a manufacturer may choose to use a designated standard to make a declaration of performance for a construction product covered by it;For paragraph 11, substitute—
      (11) ‘harmonised standard’ means a standard adopted by a European standardisation body, on the basis of a request issued by the European Commission;(11A) ‘European standardisation body’ means a body listed in Annex 1 to 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 as it has effect in EU law as amended from time to time;
    .    ‘harmonised standard’ means a standard adopted by a European standardisation body, on the basis of a request issued by the European Commission;‘European standardisation body’ means a body listed in Annex 1 to 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 as it has effect in EU law as amended from time to time;Omit paragraphs 12 and 13.After paragraph 13 (omitted by sub-paragraph (6) ) , insert—
      (13A) ‘TAB’ has the meaning given to it in Article 29(1) (designation, monitoring and evaluation of TABs) ;(13B) ‘responsible TAB’ means the TAB which receives the request from the manufacturer to issue the UK Technical Assessment;(13C) ‘relevant TAB’ means any TAB which is designated by the Secretary of State for the product area in question;(13D) ‘UK Assessment Document’ means a document adopted by the responsible TAB for the purpose of issuing UK Technical Assessments;(13E) ‘UK Technical Assessment’ means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective UK Assessment Document;(13F) ‘pre-exit European Assessment Document’ means:
    • (a) a European Assessment Document for which:(i) a reference was published in the Official Journal of the European Union under Article 22 as it had effect immediately before F17IP completion day ; and(ii) the reference was not removed from publication before F17IP completion day ; or
    • (b) guidelines published before 1 July 2013 under Article 11 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products which, immediately before F17IP completion day , could be used for the purposes of issuing European Technical Assessments under this Regulation;
    .    ‘TAB’ has the meaning given to it in Article 29(1) (designation, monitoring and evaluation of TABs) ;‘responsible TAB’ means the TAB which receives the request from the manufacturer to issue the UK Technical Assessment;‘relevant TAB’ means any TAB which is designated by the Secretary of State for the product area in question;‘UK Assessment Document’ means a document adopted by the responsible TAB for the purpose of issuing UK Technical Assessments;‘UK Technical Assessment’ means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective UK Assessment Document;a reference was published in the Official Journal of the European Union under Article 22 as it had effect immediately before F17IP completion day ; andthe reference was not removed from publication before F17IP completion day ; orguidelines published before 1 July 2013 under Article 11 of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products which, immediately before F17IP completion day , could be used for the purposes of issuing European Technical Assessments under this Regulation;In paragraph 15, for “harmonised” substitute “ designated ”.In paragraphs 16 and 17, for “Union” substitute F62“market of Great Britain”.After paragraph 17, insert—
      (17A) ‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;(17B) ‘UK marking’ means the marking in the form published in accordance with Article 30(1) of RAMS;(17C) ‘CE marking’ means the marking presented in Annex 2 to Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 as it has effect in EU law as amended from time to time;F63(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.(17D) ‘competent authority’ has the meaning prescribed by the Construction Products Regulations 2013;
    .    ‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;‘UK marking’ means the marking in the form published in accordance with Article 30(1) of RAMS;‘CE marking’ means the marking presented in Annex 2 to Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 as it has effect in EU law as amended from time to time;‘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.‘competent authority’ has the meaning prescribed by the Construction Products Regulations 2013;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...
    is established within the United Kingdom and places a construction product from a country outside of the United Kingdom on the market; oris 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

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