Paragraph 41 Transitional provision in relation to EU ExitI1

After regulation 89 insert—

“Transitional provisions in relation to EU Exit

89A

(1)

In this regulation, “pre-exit period” means the period beginning on the commencement date and ending immediately before F1IP completion day.

(2)

Subject to paragraph (3), where a product was made available on the market or put into service during the pre-exit period, despite the amendments made by Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 M1, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3)

Paragraph (2) does not apply to—

(a)

any obligation of any enforcing authority to inform the European Commission or a member State of any matter; or

(b)

any obligation to take action outside of the market in respect of the product.

(4)

Where during the pre-exit period—

(a)

a product has not been placed on the market; and

(b)

the manufacturer has taken any action under regulation 42 or a person has taken action under regulation 43(2) or (3), as those provisions had effect immediately before IP completion day in relation to that product,

that action has effect as if it had been done under regulation 42 or 43 as they have effect on and after IP completion day.

(5)

Where during the pre-exit period—

(a)

a product has not been placed on the market or put into service; and

(b)

the private importer or a person to whom regulation 43(2) applies, has taken any action under Schedule 5 as it had effect immediately before IP completion day in relation to that product,

that action has effect as if it had been done under Schedule 5 as it has effect on and after IP completion day.”.