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There are currently no known outstanding effects for the The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020, SCHEDULE 14.
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Regulation 15
1. The Measuring Instruments Regulations 2016 are amended in accordance with paragraphs 2 to 8.N.I.
Commencement Information
I1Sch. 14 para. 1 in force at 31.12.2020, see reg. 1(b)
2.—(1) In regulation 2(1)—
(a)in the following definitions for “EEA” substitute “ relevant ”
(i)“accreditation certificate”;
(ii)“market surveillance authority”;
(iii)“notified body”
(b)in the definition of “authorised representative” for “European Economic Area” substitute “ relevant market ”;
(c)in the definition of “importer”—
(i)in sub-paragraph (a) for “European Economic Area” substitute “ relevant market ”;
(ii)in sub-paragraph (b) for “third country on the European Economic Area” substitute “ market outside of the relevant market on the relevant ”;
(d)after the definition of “national accreditation body” insert—
““NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;
[F1(e)in the definition of “make available on the market” for “European Economic Area” substitute “relevant”;]
[F2(ea)in the definition of “place on the market” for “market, in the European Economic Area” substitute “relevant market”;]
(f)after the definition of “relevant economic operator” insert—
““relevant market” means—
(a)the market in Northern Ireland; and
(b)the market of the EEA states;
“relevant state” means—
(a)Northern Ireland; or
(b)any EEA state;”;
F3(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In regulation 2(2) for “EEA” substitute “ relevant ”.
Textual Amendments
F1Sch. 14 para. 2(1)(e) substituted (31.12.2020 immediately before IP completion day) by The Product Safety (Toys and Cosmetics) and Metrology (Measuring and Non-automatic Weighing Instruments) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1486), regs. 1(3), 3(c)(i)
F2Sch. 14 para. 2(1)(ea) inserted (31.12.2020 immediately before IP completion day) by The Product Safety (Toys and Cosmetics) and Metrology (Measuring and Non-automatic Weighing Instruments) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1486), regs. 1(3), 3(c)(ii)
F3Sch. 14 para. 2(1)(g) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety (Toys and Cosmetics) and Metrology (Measuring and Non-automatic Weighing Instruments) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1486), regs. 1(3), 3(c)(iii)
Commencement Information
I2Sch. 14 para. 2 in force at 31.12.2020, see reg. 1(b)
3.—(1) In regulations 11(4), 12(3), 16, 19(3), 20(2), and 28(4) for “the United Kingdom” substitute “ Northern Ireland ”.
(2) In regulation 13(3) for “EEA” substitute “ relevant ”.
(3) In regulation 16 for “European Economic Area” substitute “ relevant market ”.
Commencement Information
I3Sch. 14 para. 3 in force at 31.12.2020, see reg. 1(b)
4.—(1) In regulation 47(2) for “the United Kingdom” substitute “ Northern Ireland ”.
(2) In regulation 48—
(a)in paragraph (1) for “a requirement of European Union legislation” substitute “ an NI Protocol obligation ”;
(b)in paragraph (2) before “Union” insert “ relevant ”.
Commencement Information
I4Sch. 14 para. 4 in force at 31.12.2020, see reg. 1(b)
5.—(1) In regulation 53—
(a)for “EEA” substitute “ relevant ” (three times);
(b)in paragraph (2)(b) —
(i)after “objections” insert “ , other than an immaterial objection, ”;
(ii)for “used.” substitute “ used; ”;
(c)after paragraph (2)(b) insert—
“(c)in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
(i)the conformity assessment body is established in the United Kingdom; or
(ii)the accreditation certificate was issued by the United Kingdom Accreditation Service.”.
(2) In regulation 55 for “EEA” substitute “ relevant ” (twice).
(3) In regulation 60(5) for “EEA” substitute “ relevant ”.
Commencement Information
I5Sch. 14 para. 5 in force at 31.12.2020, see reg. 1(b)
6.—(1) In regulation 63—
(a)in paragraph (6)—
(i)at the beginning insert “ Subject to paragraph (6A), ”;
(ii)for “the United Kingdom” substitute “ Northern Ireland ”;
(iii)for “EEA” substitute “ relevant ”;
(b)after paragraph (6) insert—
“(6A) Paragraph (6) does not require the Secretary of State to inform the Commission or the other relevant states where the non-compliance extends only to any of England or Wales or Scotland.”;
(c)in paragraph (7) for “the European Economic Area” substitute “ Northern Ireland ”;
(d)in paragraph (8)—
(i)after “on the market” insert “ in Northern Ireland ”;
(ii)after “from the market” insert “ in Northern Ireland ”;
(e)in paragraph (9) for “EEA States” substitute “ relevant states ”.
(2) In regulation 64—
(a)in paragraph (1)—
(i)for “EEA State” in the first place in which it occurs substitute “ relevant state ”;
(ii)for “EEA States” substitute “ relevant states ”;
(iii)in sub-paragraph (b) for “instrument; and” substitute “ instrument. ”;
(iv)omit sub-paragraph (c).
(b)in paragraph (2) for “EEA” substitute “ relevant ”.
(3) In regulation 65—
(a)in paragraph (2)(b) after “market” insert “ in Northern Ireland ”;
(b)in paragraph (3) for “EEA” substitute “ relevant ”.
(4) In regulation 69—
(a)in paragraph (3)(a) after “market” insert “ in Northern Ireland ”;
(b)omit paragraph (6).
Commencement Information
I6Sch. 14 para. 6 in force at 31.12.2020, see reg. 1(b)
7. In regulation 81(2) for “EEA” substitute “ relevant ”.
Commencement Information
I7Sch. 14 para. 7 in force at 31.12.2020, see reg. 1(b)
8.—(1) In Schedule 2—
(a)in paragraph 2 for “EEA” substitute “ relevant ” (twice);
(b)in paragraph 4 for “EEA” substitute “ relevant ” (twice);
(c)in paragraph 7 for “EEA” substitute “ relevant ” (twice);
(d)in paragraph 10 for “EEA” substitute “ relevant ” (twice);
(e)in paragraph 12 for “EEA” substitute “ relevant ” (twice);
(2) In Schedule 5—
(a)in paragraph 1 for “an EEA” substitute “ a relevant ”;
(b)in paragraph 6(c) for “Union harmonisation legislation” insert “ any NI Protocol obligation ”;
(c)in paragraph 9 for “EEA” substitute “ relevant ”;
(d)in paragraph 10 after “legislation” insert “ as it applies in Northern Ireland under a NI Protocol obligation ”.
Commencement Information
I8Sch. 14 para. 8 in force at 31.12.2020, see reg. 1(b)
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