17.—(1) Schedule 25 (equipment etc. intended for use in potentially explosive atmospheres) is amended as follows.U.K.
(2) In paragraph 2(2)(p) for the substituted definition of “ importer ” substitute—
““importer” means a person who—
(a)is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or
(b)is established in Northern Ireland and places a 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 21 in the inserted text, after the inserted regulation 36B, insert—
“Expiry of regulations 36A and 36B
36C.—(1) Subject to paragraph (2), regulation 36A ceases to have effect at the end of the period of 12 months beginning with IP completion day.
(2) Notwithstanding the expiry of regulation 36A—
(a)any product which was placed on the market pursuant to regulation 36A may continue to be made available on the market on or after the expiry of regulation 36A;
(b)any obligation to which a person was subject under regulation 36A in respect of any product placed on the market pursuant to regulation 36A continues to have effect after the expiry of regulation 36A, in respect of that product.
(3) Subject to paragraph (4), regulation 36B 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 36B in relation to a product prior to the expiry of regulation 36B, regulation 36B continues to apply in respect of that pressure equipment or assembly 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 referred to in regulation 36B(2) has been carried out.
Qualifying Northern Ireland Goods
36D.—(1) In this regulation—
“the 2017 Regulations” means the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 M1;
“CE marking” has the meaning given to it in regulation 2(1) of the 2017 Regulations;
“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
“relevant conformity assessment procedure” has the meaning given to it in regulation 2(1) of the 2017 Regulations;
“technical documentation” has the meaning given to it in regulation 2(1) of the 2017 Regulations.
(2) Where paragraph (3) applies, a product is to be treated as being in conformity with Part 2.
(3) This paragraph applies where—
(a)a product—
(i)is in conformity with Part 2, within the meaning of regulation 2(2) of the 2017 Regulations; and
(ii)is qualifying Northern Ireland goods; and
(b)an importer has complied with the obligations set out in paragraph (4).
(4) The obligations referred to in paragraph (3)(b) are that, before placing the product on the market, the importer—
(a)complies with regulation 21;
(b)ensures that—
(i)the relevant conformity assessment procedure has been carried out in relation to the product;
(ii)the manufacturer has drawn up the technical documentation; and
(iii)the product bears the CE marking.”.
(4) In paragraph 26—
(a)for sub-paragraph (a) substitute—
“(a)for paragraph (1) substitute—
“(1) The UK marking must be affixed visibly, legibly and indelibly—
(a)to the product;
(b)to its data plate; or
(c)where paragraph (1A) applies, to—
(i)a label affixed to the product; or
(ii)a document accompanying the product.”;”;
(b)after sub-paragraph (a) insert—
“(aa)after paragraph (1) insert—
“(1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—
(a)a label affixed to the product; or
(b)a document accompanying the product.”;
(ab)in paragraph (2)—
(i)after “Where” insert “ paragraph (1A) does not apply and ”;
(ii)for “paragraph (1)” substitute “ paragraph (1)(a) or (b) ”;
(ac)in the heading and in paragraphs (2) to (5) for “CE” substitute “ UK ” in each place in which it occurs;”.
Commencement Information
I1Sch. 3 para. 17 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)
Marginal Citations
M1S.R. 2017 No. 90; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(2)(a) of the European Union (Withdrawal) Act 2018.