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

8.—(1) Schedule 13 (aerosol dispensers) is amended as follows.

(2) In paragraph 3—

(a) for sub-paragraph (a) substitute—

“(a) in paragraph (1)—

(i) after “dispenser” insert “or where paragraph (1A) applies, on a label affixed to, or a document accompanying, the aerosol dispenser”;

(ii) for “a compliance mark” substitute “the UK marking”;”.

(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 aerosol dispenser; or

(b) a document accompanying the aerosol dispenser.”;”.

(3) For paragraph 5 substitute—

“5.   For regulation 4 substitute—

“4.— (1) Subject to paragraph (2), a person shall not supply or have in his possession for supply a relevant aerosol dispenser which is not marked with the UK marking or the symbol “3” (inverted epsilon).

(2) Where regulation 3(1A) applies, paragraph (1) does not apply where the UK marking is affixed to—

(a) a label affixed to the aerosol dispenser; or

(b) a document accompanying the aerosol dispenser.”.”.

(4) In paragraph 6, in the substituted paragraph (a)—

(a) omit “or” at the end of sub-paragraph (a)(i);

(b) after paragraph (a)(i) insert—

“(ia) has a label affixed to it, or a document accompanying it, which is marked with the UK marking, where—

(aa) the requirements of regulation 3 are not complied with; or

(bb) the requirements of regulation 3 are complied with but the period referred to in regulation 3(1A) has elapsed; or”;

(c) for paragraph (a)(ii) substitute—

“(ii) is marked with the symbol “3” (inverted epsilon) where either—

(aa) all the requirements of regulation 5A(3) are not complied with; or

(bb) all the requirements of regulation 5B are not complied with; or”;

(d) for paragraph (b) substitute—

“(b) for paragraph (b) substitute—

“(b) an aerosol dispenser which—

(i) is marked with a mark so closely resembling the UK marking or the symbol “3” (inverted epsilon) as to be likely to deceive; or

(ii) has a label affixed to it or a document accompanying it which is marked with a mark so closely resembling the UK marking as to be likely to deceive.”.”.

(5) In paragraph 7, in the inserted text—

(a) in the inserted regulation 5A—

(i) in paragraph (2) after “5” insert “(a)(ii)(aa)”;

(ii) in paragraph (3)(a) omit “and”;

(iii) after paragraph (3)(a) insert—

“(aa) the aerosol dispenser is supplied within a period of 12 months beginning with IP completion day; and”;

(b) after the inserted regulation 5A insert—

“Qualifying Northern Ireland Goods

5B.— (1) Paragraph (2) sets out the requirements that must be complied with under regulation 5(a)(ii)(bb) to mark an aerosol dispenser with the symbol “3” (inverted epsilon);

(2) The requirements referred to in paragraph (1) are that—

(a) the requirements of regulation 3 as it applies in Northern Ireland have been complied with in relation to the aerosol dispenser; and

(b) the aerosol dispenser is qualifying Northern Ireland goods.

(3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.”.