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The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

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There are currently no known outstanding effects for the The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020, Paragraph 20. Help about Changes to Legislation

This section has no associated Explanatory Memorandum

20.—(1) Schedule 28 (recreational craft) is amended as follows.U.K.

(2) In paragraph 2(2)(n) for the substituted definition of “ importer ” substitute—

importer” means a person who—

(a)is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

(b)is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;.

(3) For paragraph 4 substitute—

4.  In regulation 4(1)(g) omit “EU”.

(4) In paragraph 6, in the substituted regulation 10(1)(b) omit “ to the product ”.

(5) In paragraph 23, in the inserted text, after the inserted regulation 40B, insert—

Expiry of regulations 40A and 40B

40C.(1) Subject to paragraph (2), regulation 40A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 40A—

(a)any product which was placed on the market pursuant to regulation 40A may continue to be made available on the market on or after the expiry of regulation 40A;

(b)any obligation to which a person was subject under regulation 40A in respect of a product placed on the market pursuant to regulation 40A continues to have effect after the expiry of regulation 40A, in respect of that product.

(3) Subject to paragraph (4), regulation 40B ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(4) Where a conformity assessment procedure has been completed pursuant to regulation 40B in relation to a product prior to the expiry of regulation 40B, regulation 40B continues to apply in respect of that product where—

(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;

(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and

(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.

(5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after the conformity assessment procedure referred to as Module B in Articles 20 and 21 of the Directive has been carried out in relation to that product, in accordance with Article 24(1) of the Directive.

Qualifying Northern Ireland Goods

40D.(1) Where paragraph (2) applies a product is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a)a product—

(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)is qualifying Northern Ireland goods; and

(b)an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer—

(a)complies with regulation 21;

(b)ensures that—

(i)the relevant conformity assessment procedure has been carried out in relation to the product;

(ii)the manufacturer has drawn up the technical documentation; and

(iii)the product bears the CE marking.

(4) In this regulation—

CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland..

(6) in paragraph 35—

(a)for sub-paragraph (b) substitute—

(b)for paragraph (1) substitute—

(1) The UK marking must be affixed visibly, legibly and indelibly—

(a)to the product; or

(b)where paragraph (1A) applies, to—

(i)a label affixed to the product; or

(ii)a document accompanying the product.;;

(b)after sub-paragraph (b) insert—

(bb)after paragraph (1) insert—

(1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the product; or

(b)a document accompanying the product.;

(bc)in paragraph (2)—

(i)after “Where” insert “ paragraph (1A) does not apply and ”;

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

(iii)for “paragraph (1)” substitute “ paragraph (1)(a) ”;

(bd)in paragraph (3)—

(i)at the beginning insert “ Except where paragraph (3A) applies ”;

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

(be)after paragraph (3) insert—

(3A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the watercraft or propulsion engine; or

(b)a document accompanying the watercraft or propulsion engine.;

(bf)in paragraph (4) for “CE” substitute “ UK ”;.

Commencement Information

I1Sch. 3 para. 20 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)

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