The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021

• Citation: S.I. 2021/1370
• Sections: 17

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 and come into force on 1st January 2023.

(2) These Regulations extend to England and Wales and Scotland.

Section 2 Amendment of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 are amended as set out in regulations 3 to 17.

Section 3 Amendment of regulation 2 (interpretation - general)

In regulation 2 (interpretation - general), in the Table in paragraph (5)—

(a) in the meaning of the expression “making available on the GB market”, after “activity,” insert “including any supply on a hire, lease or rental basis,” ,

(b) after the meaning of the expression “Northern Ireland competent authority” insert—

Transportable pressure equipment which—

(a) complies with Part 4 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 , and

(b) is “qualifying Northern Ireland goods” within the meaning given in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018 .

(c) in the meaning of the expression “pi marking” omit “, and may include a pi marking accompanied by the indication “UK(NI)”,

(d) in the meaning of the expression “pi marked TPE”, at the end insert “, but excluding Northern Ireland TPE” .

Section 4 Amendment of regulation 19A (general obligations)

In regulation 19A (general obligations), at the end of paragraph (5)(b) insert “and Northern Ireland TPE” .

Section 5 Insertion of regulation 19AZA

After regulation 19A (general obligations) insert—

Prohibition on placing or making available certain transportable pressure equipment on the GB market on or after 1st January 2023

(19AZA)

(1) A manufacturer, importer, or distributor may only place equipment on the GB market on or after 1st January 2023 if the equipment is UK TPE or Northern Ireland TPE.

(2) Subject to paragraph (3), a manufacturer, importer, or distributor may only make equipment available on the GB market on or after 1st January 2023 if the equipment—

(a) is UK TPE or Northern Ireland TPE; or

(b) is pi marked TPE which was placed on the market prior to 1st January 2023.

(3) Where a conformity assessment has been carried out in relation to equipment by a notified body prior to IP completion day, a manufacturer, importer or distributor may only place the equipment on the market where—

(a) the manufacturer arranges for the notified body conformity assessment and any technical documentation to be transferred to an appointed body;

(b) the appointed body referred to in sub-paragraph (a) accepts responsibility for the notified body conformity assessment; and

(c) the appointed body issues a certificate of conformity relying, or relying in part, on any examinations or tests undertaken prior to the issue of the notified body conformity assessment.

Section 6 Amendment of regulation 19AA (obligations of manufacturers prior to placing equipment on the GB market)

In regulation 19AA (obligations of manufacturers prior to placing equipment on the GB market), in paragraph (3) for “pi marked TPE” substitute “Northern Ireland TPE” .

Section 7 Amendment of regulation 19AB (obligations of manufacturers after placing UK TPE on the GB market)

In regulation 19AB (obligations of manufacturers after placing UK TPE on the GB market)—

(a) in the heading, after “UK TPE” insert “or Northern Ireland TPE” ,

(b) in paragraph (1), after “UK TPE marking” insert “and Northern Ireland TPE” ,

(c) in paragraph (2)—

(i) in the opening words, after “Annexes” insert “or with regulation 19AA(3) (as applicable)” ,

(ii) for paragraphs (i) and (ii) of sub-paragraph (a) substitute—

(i) regulation 19AA(2) and the Annexes, in respect of UK TPE; or

(ii) regulation 19AA(3) and the Annexes, in respect of Northern Ireland TPE;

(d) for paragraph (3)(a) substitute—

(a) the risk, including providing details of any non-compliance with—

(i) regulation 19AA(2) or the Annexes, in respect of UK TPE; and

(ii) regulation 19AA(3) or the Annexes, in respect of Northern Ireland TPE;”,

(e) for paragraph (4)(a) substitute—

(a) each instance of non-compliance with—

(i) regulation 19AA(2) or the Annexes, in respect of UK TPE; and

(ii) regulation 19AA(3) or the Annexes, in respect of Northern Ireland TPE;”,

(f) in paragraph (5)(a), for paragraphs (i) and (ii) substitute—

(i) regulation 19AA(2) and the Annexes, in respect of UK TPE; or

(ii) regulation 19AA(3) and the Annexes, in respect of Northern Ireland TPE;”.

Section 8 Amendment of regulation 19B (obligations of manufacturers after placing pi marked TPE on the GB market)

In regulation 19B (obligations of manufacturers after placing pi marked TPE on the GB market), at the end of paragraph (1) insert “prior to 1st January 2023” .

Section 9 Amendment of regulation 19BA (application of regulations 19AA to 19B to importers or distributors)

In regulation 19BA (application of regulations 19AA to 19B to importers or distributors), in paragraph (b)(ii), after “pi marked TPE” insert “or Northern Ireland TPE” .

Section 10 Amendment of regulation 19BB (obligations of importers prior to placing equipment on the GB market)

In regulation 19BB (obligations of importers prior to placing equipment on the GB market), in paragraph (1)—

(a) in sub-paragraph (a)—

(i) at the end of paragraph (i) insert “, in respect of equipment which an importer intends to place on the GB market as UK TPE” ,

(ii) at the end of paragraph (ii) insert “, in respect of equipment which an importer intends to place on the GB market as Northern Ireland TPE” ,

(b) in sub-paragraph (b)(ii), for “pi marked TPE” substitute “Northern Ireland TPE” .

Section 11 Amendment of regulation 19C (obligations of importers after placing pi marked TPE on the GB market)

In regulation 19C (obligations of importers after placing pi marked TPE on the GB market), at the end of paragraph (A1) insert “prior to 1st January 2023” .

Section 12 Amendment of regulation 19CA (obligations of distributors prior to making equipment available on the GB market)

In regulation 19CA (obligations of distributors prior to making equipment available on the GB market), in paragraph (1)(a)—

(a) at the end of paragraph (i) insert “, in respect of equipment which a distributor intends to make available on the GB market as UK TPE” ,

(b) at the end of paragraph (ii) insert “, in respect of equipment which a distributor intends to make available on the GB market as pi marked TPE and which was placed on the GB market prior to 1st January 2023, and in respect of equipment which a distributor intends to make available on the GB market as Northern Ireland TPE” .

Section 13 Amendment of regulation 19D (obligations of distributors after making pi marked TPE available on the GB market)

In regulation 19D (obligations of distributors after making pi marked TPE available on the GB market)—

(a) in the heading, after “pi marked TPE” insert “or Northern Ireland TPE” ,

(b) in paragraph (A1), after “pi marking” insert “, and Northern Ireland TPE,” .

Section 14 Amendment of regulation 19E (obligations of owners)

In regulation 19E (obligations of owners), in paragraph (3), after “pi marked TPE” insert “, or Northern Ireland TPE,” .

Section 15 Amendment of regulation 20 (authorised representatives)

In regulation 20 (authorised representatives)—

(a) in paragraph (1)(a), after “UK TPE marking” insert “and equipment that is, or will become, Northern Ireland TPE” ,

(b) in paragraph (2)(c), after “pi marked TPE” insert “and Northern Ireland TPE” ,

(c) in paragraph (5)(b), after “pi marked TPE” insert “and Northern Ireland TPE” .

Section 16 Amendment of regulation 22 (periodic inspection - pi marked TPE and repeated use)

In regulation 22 (periodic inspection - pi marked TPE and repeated use)—

(a) in the heading, after “pi marked TPE” insert “and Northern Ireland TPE” ,

(b) in paragraph (1), after “pi marked TPE” insert “and Northern Ireland TPE” ,

(c) in paragraph (2), for “If the equipment bears a marking referred to in articles 14 and 15 of the Transportable Pressure Equipment Directive, it” substitute “The equipment” ,

(d) in paragraph (4), after “pi marked TPE” insert “and Northern Ireland TPE” .

Section 17 Amendment of Schedule 3 (appointments)

In paragraph 2(2) of Schedule 3 (appointments)—

(a) omit the “and” following paragraph (b),

(b) at the end of paragraph (c) insert—

; and

(d) require the sharing of information held by the appointee in relation to its activities as a notified body prior to IP completion day, with a notified body