Paragraph 4 Amendments to regulation 4

(1)

Regulation 4 (prohibition on supply etc.) is amended as follows.

(2)

In paragraph (1)—

(a)

in the words before sub-paragraph (a)—

(i)

for “harmonised” substitute “designated”;

(ii)

for “European” substitute “UK”;

(b)

in sub-paragraph (b)—

(i)

for “CE” substitute “UK”;

(ii)

for “8(2)” substitute “8(1)”.

(3)

After paragraph (2), insert—

“(2A)
Paragraph (1) does not apply where—

(a)
Article 16A(2) of the 2011 Regulation applies;

(b)
there is supplied with the product in accordance with Article 7 of the 2011 Regulation (as modified by Article 16A(3) of that Regulation) a declaration of performance for the product drawn up in accordance with Articles 4 and 6 of the EU Construction Products Regulation; and

(c)
the product has affixed to it the CE marking in accordance with Article 8(2) of the EU Construction Products Regulation.”.

(4)

In paragraph (3), for “CE” substitute “UK”.