Memorandum by the Department
of Trade and Industry
REGULATIONS 1998 (S.I. 1998/81)
1. In the letter dated 4 February
1998 from the Commons Clerk of the Committee, the Joint Committee
on Statutory Instruments has requested a memorandum from the Department
on the following point:
Paragraph (4) of new regulation
12A (inserted by regulation 2(4)) provides that a certification
body may not issue a certificate of conformity under either paragraph
(2) or (3) after 30th September 1998. Paragraph
(5) provides that certificates of conformity issued before
30th September 1998 are to be regarded as in force for the purposes
of regulation 11 (use of the distinctive Community mark) up to
and including 30th June 2003. Explain why certificates of conformity
issued on 30th September 1998 are excluded from the scope of paragraph
(5). Ought not the words "before 30th September 1998"
in paragraph (5) to have read "before 1st October 1998"?
2. Having considered the point raised
by the Committee, it is accepted that the reference in paragraph
(5) of the new regulation 12A to "before 30th September 1998"
leaves open the question as regards a certificate issued on that
day and, for the purposes of that paragraph, it is agreed that
it would have been better to insert the date "1st October
3. It is understood that industry
are keen to use the revised standards which will be introduced
by the above Regulations and that, accordingly, limited use in
practice would be made of the transitional provisions in the new
regulation 12A. However, an amendment will be made and it is
hoped that an opportunity will arise before 30 September 1998.
9th February 1998