The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

[F1 Qualifying Northern Ireland goods E+W+S

34C.— (1) Where paragraph (2) applies, EEE is to be treated as being in conformity with these Regulations.

(2) This paragraph applies where—

(a) the goods which are EEE—

(i) are in conformity with these Regulations as they apply in Northern Ireland; and

(ii) are 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 EEE on the market, the importer—

(a) complies with regulation 21; and

(b) ensures that the manufacturer has done all of the following in relation to the EEE, in accordance with these Regulations as they apply in Northern Ireland—

(i) carried out the conformity assessment procedure in accordance with regulation 12(1);

(ii) drawn up the technical documentation; and

(iii) affixed the CE marking.

(4) For the purposes of this regulation—

(a) “in conformity with these Regulations” means, in relation to EEE, that—

(i) the EEE is not prohibited by regulation 3 from being placed on the market; and

(ii) each person who has obligations under this Part in respect of the EEE has complied, or is complying, with those obligations;

(b) “CE marking” and “technical documentation” have the meanings given in regulation 2 of these Regulations as they apply in Northern Ireland;

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

Textual Amendments

F1 Regs. 34B, 34C inserted (E.W.S.) (31.12.2020) by The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 12(7)