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

25.—(1) Schedule 36 (gas appliances) is amended as follows. U.K.

(2) In paragraph 1(4), in the inserted text, after the inserted regulation 2B, insert—

“Expiry of regulations 2A and 2B

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

(2) Notwithstanding the expiry of regulation 2A—

(a) any appliance or fitting which was placed on the market pursuant to regulation 2A may continue to be made available on the market on or after the expiry of regulation 2A;

(b) any obligation to which a person was subject under regulation 2A in respect of any appliance or fitting placed on the market pursuant to regulation 2A continues to have effect after the expiry of regulation 2A, in respect of that appliance or fitting.

(3) Subject to paragraph (4), regulation 2B 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 2B in relation to a product prior to the expiry of regulation 2B, regulation 2B 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 in regulation 2B(1) has been carried out in relation to that appliance or fitting, in accordance with Article 14(2) of Regulation 2019/426 (pre-exit).

Qualifying Northern Ireland Goods

2D.— (1) In this regulation—

“EU Regulation 2016/426 (Northern Ireland)” means Regulation (EU) No. 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels, repealing Council Directive 2009/142/EC, as it has effect by virtue of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement;

“applicable conformity assessment procedure” means the conformity assessment procedure applicable to the appliance or fitting in accordance with Article 14 of EU Regulation 2016/426 (Northern Ireland);

“CE marking” has the meaning given to it in Article 2(31) of EU Regulation 2016/426 (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;

“technical documentation” means the documentation referred to in Annex III of Regulation 2016/426 (Northern Ireland).

(2) Where paragraph (3) applies—

(a) an appliance or fitting is to be treated as being in conformity with the essential safety requirements within the meaning given in EU Regulation 2016/426; and

(b) each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Chapter II of EU Regulation 2016/426.

(3) This paragraph applies where—

(a) the appliance or fitting is—

(i) in conformity with the essential requirements within the meaning given in EU Regulation 2016/246 (Northern Ireland); and

(ii) qualifying Northern Ireland goods; and

(b) each relevant economic operator has complied or is complying with the obligations imposed on them under Chapter II of EU Regulation 2016/426 (Northern Ireland); and

(c) an importer has complied with the obligations set out in paragraph (4).

(4) The obligations referred to in paragraph (4)(c) are that, before placing the appliance or fitting on the market, the importer—

(a) complies with Article 9(3) of EU Regulation 2016/426;

(b) ensures that—

(i) the applicable conformity assessment procedure has been carried out in relation to the appliance or fitting;

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

(iii) the appliance or fitting bears the CE marking.”.

(3) In paragraph 2(3)(c), for the substituted definition of “ importer ” substitute—

““importer” means a person who—

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

(b) is established in Northern Ireland and places an appliance or fitting 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;”.

(4) For paragraph 2(3)(a) substitute—

“(a) in points (14) and (15) for “Union market” substitute “ market of Great Britain ”;”;

(5) After paragraph 2(3)(a) insert—

“(aa) in point (16) for “the Union” substitute “ Great Britain ”;”.

(6) In paragraph 2(17), before sub-paragraph (a) insert—

“(aa) before paragraph 1 insert——

“A1.   Paragraph 1 is subject to paragraph (1A).”;

(ab) after paragraph 1 insert—

“1A.   For a period of 24 months beginning with IP completion day, paragraph 1 does not apply where the UK marking is affixed visibly, legibly and indelibly to—

(a) a label affixed to the appliance and fitting or their data plate; or

(b) a document accompanying the appliance and fitting or their data plate.”;”.

(7) In paragraph 2(34) in the substituted heading for “ United Kingdom market ” substitute “the market of Great Britain”.

Commencement Information

I1 Sch. 3 para. 25 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)