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.