jagomart
digital resources
picture1_Building Pdf 84498 | Uksi 20201359 En


 133x       Filetype PDF       File size 0.19 MB       Source: www.legislation.gov.uk


File: Building Pdf 84498 | Uksi 20201359 En
s t a t u t o r y i n s t r u m e n t s 2020 no 1359 exiting the european union building and buildings ...

icon picture PDF Filetype PDF | Posted on 13 Sep 2022 | 3 years ago
Partial capture of text on file.
                                                              S T A T U T O R Y   I N S T R U M E N T S  
                                                                                  2020 No. 1359 
                                                        EXITING THE EUROPEAN UNION  
                                                               BUILDING AND BUILDINGS  
                                                                             CONSTRUCTION  
                                                                      MARKET STANDARDS  
                                       The Construction Products (Amendment etc.) (EU Exit) 
                                                                                Regulations 2020 
                                                       Made           -     -      -     -                       26th November 2020 
                                                       Coming into force in accordance with regulation 1 
                              The Secretary of State makes these Regulations in exercise of the powers conferred by sections 
                              8(1) and 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 
                              2018(a). 
                              In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) 
                              Act  2018(b),  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(c); 
                               
                                                                                                                                                                          
                              (a)  2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1); section 
                                    8C was inserted by section 21 of that Act and paragraph 21 of Schedule 7 was amended by section 41(4) and Schedule 5, 
                                    paragraph 53(2) of that Act. 
                              (b)  Paragraph 8F of Schedule 7 to the European Union (Withdrawal) Act 2018 (c.18) was inserted by section 41(4) and 
                                    Schedule 5, paragraph 51 of the European Union (Withdrawal Agreement) Act 2020 (c.1). 
                              (c)   EUR 2011/305.  The EU Regulation is amended by the 2019 Regulations which are amended by this instrument. 
                                        “the  2019  Regulations”  means  the  Construction  Products  (Amendment  etc.)  (EU  Exit) 
                                        Regulations 2019(a); 
                                        “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(b) 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(c) 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(d). 
                                     (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”; 
                                                                                                                                                                              
                                  (a)  S.I. 2019/465. 
                                  (b)  OJ L 88, 4.4.2011, p. 5–43. 
                                  (c)   OJ No L 218, 13.8.2008, p.30. 
                                  (d)  Paragraph 3(4) of Article 7 of the Ireland/Northern Ireland Protocol to the EU Withdrawal Agreement provides that where 
                                        businesses placing goods on the market in Northern Ireland affix a CE marking on any goods based on the conformity 
                                        assessment of a UK authority or body then that marking must be accompanied by a UK(NI) indication. 
                                                                                                             2
                                  (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(a), 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— 
                                                                                                                                                                        
                            (a)  The EU Construction Products Regulation is listed in paragraph 14 of Annex 2 to the Ireland/Northern Ireland Protocol to 
                                  the EU Withdrawal Agreement and by virtue of paragraph 4 of Article 5 of that protocol this EU regulation continues to 
                                  apply in Northern Ireland. 
                                                                                            3
                               “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(a); 
                                 (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. 
                        
                       Signed by authority of the Secretary of State for Housing, Communities and Local Government 
                        
                                                                                                           Christopher Pincher 
                                                                                                               Minister of State 
                       26th November 2020                         Ministry of Housing, Communities and Local Government 
                                                                 SCHEDULE 1                                         Regulation 3 
                                       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,”.” 
                                                                                                                                                                   
                       (a)  The fourth subparagraph of Article 7(3) of the Ireland/Northern Ireland Protocol to the EU Withdrawal Agreement requires 
                            that a conformity marking (ie the CE marking) required under EU law which is affixed to a product based on an assessment 
                            issued by a body established in the United Kingdom must be accompanied by the additional indication ‘UK(NI)’. 
                                                                            4
The words contained in this file might help you see if this file matches what you are looking for:

...S t a u o r y i n m e no exiting the european union building and buildings construction market standards products amendment etc eu exit regulations made th november coming into force in accordance with regulation secretary of state makes these exercise powers conferred by sections c paragraph schedule to withdrawal act paragraphs f b draft this instrument has been laid before parliament approved resolution each house citation commencement may be cited as come immediately interpretation means council march laying down harmonised conditions for marketing repealing directive eec section was amended agreement inserted that eur is which are it effect law from time rams ec july setting out requirements accreditation surveillance relating ce marking presented annex product any or kit produced placed on incorporation permanent manner works parts thereof performance an respect basic assessed covered standard conforms technical assessment issued where verification constancy under article carried...

no reviews yet
Please Login to review.