# The Construction Products (Amendment etc.) (EU Exit) Regulations 2020, Paragraph 3: Prohibition on supply etc.


(1) A person who supplies a construction product in respect of Northern Ireland that is covered by a harmonised standard or conforms to a European Technical Assessment that has been issued for it shall be guilty of an offence unless—
(a) there is supplied with the product a relevant declaration; and
(b) the product has affixed to it the relevant marking as specified in sub-paragraph (2).
(2) For the purposes of sub-paragraph (1)—
(a) a relevant declaration is—
(i) where the product is a UK-assessed product, a declaration of performance for the product drawn up and supplied in accordance with Articles 4, 6 and 7 of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations);
(ii) where the product is an EU-assessed product, a declaration of performance for the product drawn up and supplied in accordance with Articles 4, 6 and 7 of the EU Construction Products Regulation;
(b) the relevant marking is—
(i) where the product is a UK-assessed product, the CE marking accompanied by the UK(NI) indication in accordance with Article 8(2) of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations);
(ii) where the product is an EU-assessed product, the CE marking in accordance with Article 8(2) of the EU Construction Products Regulation.
(3) Sub-paragraph (1) does not apply in the case of a product that is subject to one or more of the derogations in Article 5 of the EU Construction Products Regulation.
(4) A person who supplies a construction product to which—
(a) the CE marking has been affixed in breach of any provision of Article 8 or 9 of the EU Construction Products Regulation, or
(b) the CE marking and accompanying UK(NI) indication has been affixed in breach of Article 8 or 9 of the EU Construction Products Regulation (as modified by regulation 4 of these Regulations),
shall be guilty of an offence.
(5) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.

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Source: https://www.legislation.gov.uk/ukdsi/2020/9780348213577/schedule/3/paragraph/3 (the official version)
Page: https://openlegislation.uk/draft-construction-products-amendment-etc-eu-exit-regulations-2020/schedule-3/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.