Regulation 4 Construction products to be placed on the market in Northern Ireland

(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^f1, 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^f2;

(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.

Annotations

Footnotes

f1: 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.
f2: 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)’.