The Cableway Installations (Amendment) (EU Exit) Regulations 2019

• Citation: S.I. 2019/1347
• Sections: 59

Section 1 Citation and commencement

These Regulations may be cited as the Cableway Installations (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Section 2 Amendments to the Cableway Installations Regulations 2018

The Cableway Installations Regulations 2018 are amended in accordance with regulations 3 to 11.

Section 3 Amendment to regulation 3

In regulation 3—

(a) after the definition of “Regulation 2016/424/EU” insert—

“ approved body ” means a conformity assessment body—

(a) which has been approved by the Secretary of State under Article 22 of Regulation 2016/424/EU; or

(b) which was a notified body under these Regulations immediately before IP completion day ;

(b) after the definition of “conformity assessment body” insert—

“ declaration of conformity ” means the declaration of conformity referred to in Article 19 of Regulation 2016/424/EU;

(c) omit the definition of “EU declaration of conformity”;

(d) omit the definition of “notified body”;

(e) in the definition of “technical file” for “EU declaration” substitute “ declaration ” .

Section 4 Amendment to Part 3 heading

In the heading to Part 3, for “Notified” substitute “ Approved ” .

Section 5 Omission of regulation 9

Omit regulation 9.

Section 6 Amendment to regulation 10

In regulation 10—

(a) in the heading, for “Notification” substitute “ Approval ” ;

(b) omit paragraph (1);

(c) in paragraph (2), for “notification” substitute “ approval ” ;

(d) in paragraph (3), for “notified under Article 22 of Regulation 2016/424/EU” substitute “ approved ” ;

(e) in paragraph (5)—

(i) for “notify” substitute “ approve ” ,

(ii) for “notification to the European Commission and the other member States” substitute “ approval ” , and

(iii) for “a notified body” substitute “ an approved body ” ;

(f) in paragraph (6), for “a notified body”, in both places, substitute “ an approved body ” ;

(g) in paragraph (7)—

(i) for “a notified body” substitute “ an approved body ” , and

(ii) for “the notified body”, in each place, substitute “ the approved body ” ;

(h) in paragraph (8)—

(i) for “a notified body”, in each place, substitute “ an approved body ” , and

(ii) for “another notified body” substitute “ another approved body ” .

Section 7 Amendment to regulation 11

In regulation 11(b), for “notified bodies, in accordance with Article 23(1)” substitute “ approved bodies in relation to their compliance with the requirements of Chapter 4 ” .

Section 8 Amendment to regulation 12

In regulation 12—

(a) in paragraph (1), for “a notified body” substitute “ an approved body ” ;

(b) in paragraph (2), for “the notified body”, in both places, substitute “ the approved body ” .

Section 9 Omission of regulations 17 to 19

Omit regulations 17 to 19.

Section 10 Amendment to regulation 20

In regulation 20, omit “Regulation 2016/424/EU and”.

Section 11 Amendment to regulation 23

In regulation 23, in paragraph (1) omit sub-paragraph (b) and the “or” which precedes it.

Section 12 Amendments to Regulation (EU) 2016/424

Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC is amended in accordance with regulations 13 to 59.

Section 13 Amendment to Article 2

In Article 2(2)—

(a) in point (a) for “Directive 2014/33/EU” substitute “ the Lifts Regulations 2016 ” ;

(b) in point (b) for “by Member States” substitute “ by the Cableway Installations Regulations 2018 ” .

Section 14 Amendment to Article 3

In Article 3—

(a) in paragraph (10), omit “Union”;

(b) in paragraph (11), omit “Union”;

(c) in paragraph (14), omit “established within the Union”;

(d) in paragraph (15)—

(i) for “established within the Union” substitute “ established within the United Kingdom ” , and

(ii) for “Union market” substitute “ market ” ;

(e) omit paragraph (19);

(f) omit paragraph (21);

(g) omit paragraph (26);

(h) omit paragraph (27);

(i) at the end insert—

(28) ‘the EU Regulation’ means Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC as that Regulation has effect in EU law as amended from time to time;

(29) ‘the Executive’ means—

(a) in Great Britain, the Health and Safety Executive ,

(b) in Northern Ireland, the Health and Safety Executive for Northern Ireland ;

(30) ‘designated standard’ has the meaning given by article 3A;

(31) ‘RAMS’ 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 ;

(32) ‘UK marking’ means marking in the form published in accordance with Article 30(1) of RAMS.

Section 15 Designated standards

After Article 3 insert—

Designated Standards

(1) For the purposes of this Regulation, a designated standard is a technical standard—

(a) which is adopted by the British Standards Institution for repeated or continuous application; and

(b) which has been designated by the Secretary of State by publishing its reference number in a manner the Secretary of State considers appropriate.

(2) In this Article, a “ technical standard ” means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component and which lays down one or more of the following—

(a) the characteristics required including—

(i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii) requirements applicable as regards the name under which a product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

(b) production methods and processes where these have an effect on the characteristics of a product.

(3) When considering whether the manner of publication of the reference number of a technical standard under paragraph 1(b) is appropriate, the Secretary of State must have regard to whether that manner will draw sufficient attention to the standard to all persons who may have an interest in it.

(4) The Secretary of State may remove the reference number of a technical standard from publication and where such a reference number is removed, the technical standard is no longer a designated standard.

(5) Harmonised standards, within the meaning of Article 3(19) of the EU Regulation, have effect as designated standards until the Secretary of State designates standards under this Regulation.

Section 16 Substitution of Article 5

For Article 5 substitute—

Presumption of conformity of cableway installations

Cableway installations which are in conformity with designated standards, or parts thereof, are presumed to be in conformity with the essential requirements set out in Annex 2 covered by those standards or parts thereof.

Section 17 Omission of Article 7

Omit Article 7.

Section 18 Amendment to Article 8

In Article 8(1), omit “, determined by a Member State in accordance with national law,”.

Section 19 Amendment to Article 9

In Article 9—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) omit “, determined by a Member State in accordance with national law,”, and

(ii) for “EU declaration” substitute “ declaration ” ;

(c) in paragraph 3, for “Member State concerned” substitute “ Secretary of State ” ;

(d) omit paragraphs 4 and 5.

Section 20 Omission of Article 10

Omit Article 10.

Section 21 Amendment to Article 11

In Article 11—

(a) for “the EU declaration of conformity”, in each place it occurs, substitute “ the declaration of conformity ” ;

(b) in paragraph 2—

(i) for “an EU declaration of conformity” substitute “ a declaration of conformity ” , and

(ii) for “CE marking” substitute “ UK marking ” ;

(c) in paragraph 6, for “a language easily understood by users and the market surveillance authorities” substitute “ English ” ;

(d) in paragraph 7, for the words from “a language” to “Member State concerned” substitute “ English ” ;

(e) in paragraph 8, for the words from “competent national authorities” to “available on the market” substitute “ Executive ” ;

(f) in paragraph 9—

(i) for “a competent national authority” substitute “ the Executive ” , and

(ii) for “a language which can be easily understood by that authority” substitute “ English ” .

Section 22 Amendment to Article 12

In Article 12(2)—

(a) in point (a)—

(i) for “EU declaration” substitute “ declaration ” , and

(ii) for “national market surveillance authorities” substitute “ the Executive”;

(b) in point (b), for “a competent national authority” substitute “ the Secretary of State ” ;

(c) in point (c), for “competent national authorities, at their” substitute “Secretary of State, at the Secretary of State's”.

Section 23 Amendment to Article 13

In Article 13—

(a) in paragraph 2—

(i) for “CE marking” substitute “ UK marking ” ,

(ii) for “EU declaration” substitute “ declaration ” , and

(iii) for “market surveillance authorities” substitute “ Executive ” ;

(b) in paragraph 3, for “a language easily understood by users and market surveillance authorities” substitute “ English ” ;

(c) in paragraph 4, for the words from “in a language” to the end substitute “ in English ” ;

(d) in paragraph 7, for the words from “competent national authorities” to “available on the market” substitute “ Secretary of State ” ;

(e) in paragraph 8—

(i) for “EU declaration” substitute “ declaration ” ,

(ii) for “market surveillance authorities” substitute “ Executive ” , and

(iii) for “those authorities” substitute “ the Executive ” ;

(f) in paragraph 9—

(i) for “a competent national authority, provide it” substitute “ the Secretary of State, provide the Secretary of State ” , and

(ii) for “a language which can be easily understood by that authority” substitute “ English ” .

Section 24 Amendment to Article 14

In Article 14—

(a) in paragraph 2—

(i) for “CE marking” substitute “ UK marking ” ,

(ii) for “EU declaration” substitute “ declaration ” ,

(iii) for “in a language which can be easily understood by users as determined by the Member State concerned,”, substitute “ in English ” , and

(iv) for “market surveillance authorities” substitute “ Executive ” ;

(b) in paragraph 4, for the words from “competent national authorities” to “on the market” substitute “ Secretary of State ” ;

(c) in paragraph 5—

(i) for “a competent national authority, provide it” substitute “ the Secretary of State, provide the Secretary of State ” , and

(ii) for “that authority, at its”, substitute “the Secretary of State, at the Secretary of State's”.

Section 25 Amendment to Article 16

In Article 16, for “market surveillance authorities” substitute “ Executive ” .

Section 26 Amendment to Article 17

In Article 17, for the words from “harmonised standards” to “ European Union ” substitute “ designated standards ” .

Section 27 Amendment to Article 18

In Article 18—

(a) in paragraph 2, in point (a), for “EU-type” substitute “ Type ” ;

(b) in paragraph 3, for the words from “an official language” to the end, substitute “ English ” .

Section 28 Amendment to Article 19

In Article 19—

(a) in the heading, for “EU declaration” substitute “ Declaration ” ;

(b) in each other place it occurs, for “EU declaration” substitute “ declaration ” ;

(c) in paragraph 2, for the words from “and shall be translated” to the end, substitute “ and be in English ” ;

(d) for paragraph 3 substitute—

(3) Where a subsystem or a safety component is subject to more than one enactment requiring a declaration of conformity, a single declaration of conformity must be drawn up in respect of all such enactments. That declaration must contain the identification of the enactments concerned.

Section 29 Substitution of Article 20

For Article 20 substitute—

Requirements of the UK marking

The UK marking is subject to the requirements set out in Article 30 of, and Annex 2 to, Regulation (EC) No 765/2008 .

Section 30 Amendment to Article 21

In Article 21—

(a) for “CE marking” in the heading, and in each place it occurs, substitute “ UK marking ” ;

(b) omit paragraph 5.

Section 31 Substitution of Article 22

For Article 22 substitute—

Approval

(1) The Secretary of State may approve bodies to carry out third-party conformity assessment tasks under this Regulation.

(2) The Secretary of State must—

(a) assign an approved body identification number to each approved body;

(b) compile and maintain a register of approved bodies containing in relation to each body—

(i) the approved body identification number,

(ii) details of the activities for which the body is approved, and

(iii) any restrictions on the activities for which the body is approved.

(3) The register referred to in paragraph 2 must be made publicly available.

Section 32 Omission of Articles 23 to 25

Omit Articles 23 to 25.

Section 33 Amendment to Article 26

In Article 26—

(a) in the heading, for “notified” substitute “ approved ” ;

(b) in paragraph 1—

(i) for “notification” substitute “ approval ” , and

(ii) for “paragraphs 2 to 11” substitute “ paragraphs 3 to 10 ” ;

(c) omit paragraph 2;

(d) in paragraph 7, in point (c), for the words from “harmonised standards” to the end, substitute “ designated standards and of the relevant provisions of this Regulation and of the Cableway Installations Regulations 2018 ” ;

(e) in paragraph 9, omit the words from “unless liability” to the end;

(f) in paragraph 10—

(i) omit “or any provision of national law giving effect to it”, and

(ii) for “competent authorities of the Member State in which its activities are carried out” substitute “ Secretary of State or the Executive ” ;

(g) omit paragraph 11.

Section 34 Amendment to Article 27

In Article 27—

(a) the existing text becomes paragraph 1;

(b) after the newly numbered paragraph 1 insert—

(2) In paragraph 1, expressions used are to be given the same meaning as in the EU Regulation.

Section 35 Amendment to Article 28

In Article 28—

(a) in the heading, for “notified” substitute “ approved ” ;

(b) in paragraph 1—

(i) for “a notified” substitute “ an approved ” , and

(ii) for “notifying authority” substitute “ Secretary of State ” ;

(c) in paragraph 2, for “Notified” substitute “ Approved ” ;

(d) in paragraph 4—

(i) for “Notified” substitute “ Approved ” , and

(ii) for “notifying authority” substitute “ Secretary of State ” .

Section 36 Amendment to Article 29

In Article 29—

(a) in the heading and in paragraph 1, for “notification” substitute “ approval ” ;

(b) in paragraph 1, for the words from “notifying authority” to the end, substitute “ Secretary of State ” ;

(c) in paragraph 2, for “a national accreditation body”, substitute “ the United Kingdom Accreditation Service ” .

Section 37 Omission of Articles 30 and 31

Omit Articles 30 and 31.

Section 38 Amendment to Article 32

In Article 32—

(a) in the heading, for “notifications” substitute “ approvals ” ;

(b) in paragraph 1—

(i) for “a notifying authority” substitute “ the Secretary of State ” ,

(ii) for “a notified”, substitute “ an approved ” ,

(iii) for “the notifying authority” substitute “ the Secretary of State ” ,

(iv) for “notification” substitute “ approval ” , and

(v) omit the second sentence;

(c) in paragraph 2—

(i) for “the notified” substitute “ the approved ” ,

(ii) for “notifying Member State” substitute “ Secretary of State ” ,

(iii) for “another notified” substitute “ another approved ” , and

(iv) for “responsible notifying and market surveillance authorities” substitute “ Secretary of State and the Executive ” .

Section 39 Omission of Article 33

Omit Article 33.

Section 40 Amendment to Article 34

In Article 34—

(a) in the heading, for “notified bodies” substitute “ approved bodies ” ;

(b) in paragraph 1, for “Notified bodies” substitute “ Approved bodies ” ;

(c) in paragraph 3—

(i) for “a notified body” substitute “ an approved body ” , and

(ii) for “corresponding harmonised standards” substitute “ corresponding designated standards ” ;

(d) in paragraph 4, for “a notified body” substitute “ an approved body ” ;

(e) in paragraph 5, for “the notified body” substitute “ the approved body ” .

Section 41 Amendment to Article 35

In Article 35—

(a) in the heading, for “notified” substitute “ approved ” ;

(b) for “Notified” substitute “ Approved ” .

Section 42 Amendment to Article 36

In Article 36—

(a) in the heading, for “notified bodies” substitute “ approved bodies ” ;

(b) in paragraph 1—

(i) in the opening words—

(aa) for “Notified bodies” substitute “ Approved bodies ” , and

(bb) for “notifying authority” substitute “ Secretary of State ” ,

(ii) in point (b), for “notification” substitute “ approval ” ,

(iii) in point (c), for “market surveillance authorities” substitute “ the Executive ” , and

(iv) in point (d), for “notification” substitute “ approval ” ;

(c) in paragraph 2—

(i) for “Notified bodies” substitute “ Approved bodies ” , and

(ii) for “notified under” substitute “ approved under ” .

Section 43 Omission of Articles 37 and 38

Omit Articles 37 and 38.

Section 44 Amendment to Article 39

(1) In the Chapter heading before Article 39, and in the heading to that Article, omit “Union” in each place it occurs.

(2) In Article 39, for “Articles 16 to 29” substitute “ Articles 16 to 21 ” .

Section 45 Amendment to Article 40

(1) In the heading to Article 40, omit “at national level”.

(2) In Article 40—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) in the first sentence, for “market surveillance authorities of one Member State have” substitute “ Executive has ” , and

(bb) in the second sentence, for “market surveillance authorities” substitute “ Executive ” ,

(ii) in the second subparagraph—

(aa) for “market surveillance authorities find” substitute “ Executive finds ” ,

(bb) for “they shall” substitute “ it shall ” , and

(cc) for “they may” substitute “ it may ” , and

(iii) in the third subparagraph—

(aa) for “market surveillance authorities” substitute “ Executive ” , and

(bb) for “notified body” substitute “ approved body ” ;

(b) omit paragraph 2;

(c) in paragraph 3, omit “throughout the Union”;

(d) omit paragraphs 4 to 8.

Section 46 Omission of Article 41

Omit Article 41.

Section 47 Amendment to Article 42

In Article 42—

(a) in paragraph 1—

(i) for “a Member State” substitute “ the Executive ” , and

(ii) for “it shall require” substitute “ the Executive must require ” ;

(b) in paragraph 2, omit “throughout the Union”;

(c) omit paragraphs 3 to 5.

Section 48 Amendment to Article 43

In Article 43—

(a) in paragraph 1—

(i) in the opening words, for “a Member State” substitute “ the Executive ” ,

(ii) in points (a) and (b), for “CE marking” in both places, substitute “ UK marking ” ,

(iii) in point (c), for “notified” substitute “ approved ” , and

(iv) in points (d), (e) and (f), for “EU declaration” substitute “ declaration ” ;

(b) omit paragraph 2.

Section 49 Omission of Articles 44 to 46

Omit Articles 44 to 46.

Section 50 Post-withdrawal continuity provision

Before Article 47 insert—

Post-withdrawal continuity provision

(1) Paragraph 2 applies where, at any time before any technical standard has been adopted and designated as a designated standard in accordance with Article 3A—

(a) a subsystem or safety component has been assessed by a notified body in accordance with any of the EU conformity assessment procedures;

(b) an EU declaration of conformity has been drawn up in accordance with the EU Regulation in respect of that subsystem or safety component; and

(c) a CE marking has been affixed to that subsystem or safety component in accordance with the EU Regulation.

(2) Where this paragraph applies—

(a) a subsystem or safety component is to be treated as having been assessed in accordance with the equivalent conformity assessment procedure in Chapter 3 of this Regulation; and

(b) the EU declaration of conformity and the CE marking are to be treated for the purposes of this Regulation and any other enactment relating to cableway installations as if they were respectively a declaration of conformity under this Regulation and a UK marking.

(3) In this Article—

(a) “ CE marking ” has the same meaning as in Article 3(27) of the EU Regulation;

(b) “ EU conformity assessment procedures ” means the procedures provided for under Article 18(2) of the EU Regulation;

(c) “ EU declaration of conformity ” has the same meaning as in the EU Regulation;

(d) “ notified body ” means a body notified to the Commission under Article 22 of the EU Regulation.