SCHEDULE 3Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

I123

1

Schedule 34 (cosmetic products) is amended as follows.

2

In paragraph 3—

a

for paragraph (c)(i) substitute—

i

for “Community market” substitute “ market of Great Britain ”;

b

sub-paragraph (d), in the substituted point (h) for “ United Kingdom market ” substitute “market of Great Britain”;

c

in sub-paragraph (e), for the substituted point (i) substitute—

i

importer” means a person who—

aa

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

bb

is established in Northern Ireland and places a cosmetic 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

In paragraph 6, before sub-paragraph (a) insert—

ia

at the beginning of paragraph 1 insert “ Subject to Article 5A ”;

4

After paragraph 6 insert—

Insertion of Article 5A6

After Article 5 insert—

Article 5A

Obligations of responsible persons established in Northern Ireland1

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 30th 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.