The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 No. 696

SCHEDULE 34 U.K. Amendment of Regulation (EC) No 1223/2009 and related amendments

[F1 Insertion of Article 5A U.K.

6.   After Article 5 insert—

“Article 5A U.K.

Obligations of responsible persons established in Northern Ireland

1.   Where paragraph 3 applies, a responsible person is to be treated as complying with Articles 3, 8, 10 to 12, 14 to 18, 19(1), (2) and (5) and 20 to 24.

2.   Where paragraph 4 applies, a responsible person is to be treated as complying with Articles 8, 10 to 12, 14 to 18, 19(1), (2) and (5) and 20 to 24.

3.   This paragraph applies where—

(a) the responsible person—

(i) is established in Northern Ireland;

(ii) is a responsible person for the purposes of EU Regulation (Northern Ireland);

(iii) has complied with the obligations of a responsible person under Article 5 of EU Regulation (Northern Ireland); and

(iv) when submitting information under Article 13 the responsible person at the same time gives notice to the Secretary of State confirming the matters in points (i) to (iii); and

(b) the cosmetic product is qualifying Northern Ireland goods.

4.   This paragraph applies where—

(a) the responsible person is a person—

(i) to which Article 2(i)(bb) applies; and

(ii) who gives notice to the Secretary of State when submitting information under Article 13 that a responsible person for the purposes of EU Regulation (Northern Ireland) has complied with the obligations of a responsible person under Article 5 of EU Regulation (Northern Ireland); and

(b) the cosmetic product is qualifying Northern Ireland goods.

5.   In this Article—

“EU Regulation (Northern Ireland)” means Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30^th December 2008 on cosmetic products (recast), as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.

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

Textual Amendments

F1 Sch. 34 para. 6 inserted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 23(4)

Commencement Information

I1 Sch. 34 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1