Amendment of approvals or registrations
35.—(1) An eligible person may submit to the Minister a declaration relating to an approved or, as the case may be, registered, third country establishment on which it is intended to exercise an establishment activity (“the new establishment activity”)—
(a)in addition to an establishment activity for the exercise of which the establishment is already approved or, as the case may be, registered, or
(b)instead of that activity.
(2) A declaration submitted under paragraph (1) shall—
(a)be in writing,
(b)be in the English language,
(c)be signed by or on behalf of the person submitting the declaration,
(d)contain the name (or business name) and address of that person,
(e)identify the establishment to which the declaration relates,
(f)identify the new establishment activity which is being exercised or, as the case may be, it is intended to exercise, on that establishment,
(g)if made by 30th September 1999, state—
(i)whether the new establishment activity was being exercised on the establishment on 31st December 1998, and
(ii)if so, whether an eligible person would have been in a position to submit a declaration equivalent to one under paragraph (1) in relation to the new establishment activity, at a date after 30th December 1998 but before 1st May 1999, had paragraph (1) been in force at that date;
(h)state under which sub-paragraph of paragraph (1) the declaration is submitted,
(i)contain a statement that the establishment complies, and an undertaking that when the new establishment activity is exercised on it it will comply, with the applicable conditions; and
(j)contain an undertaking of the kind prescribed in the second indent of Article 6.2 of Directive 98/51.
(3) Where a declaration complying with paragraph (2) is submitted under paragraph (1), the Minister shall approve or, as the case may be, register, the establishment as an establishment as to which any product manufactured thereon, in the course of carrying out the new establishment activity, may be imported into the United Kingdom.
(4) Where, pursuant to paragraph (3), the Minister approves or, as the case may be, registers an establishment, he shall amend the register or, as the case may be, list, maintained by him under regulation 34(1)(a) or, as the case may be, (b), to show all the establishment activities in relation to which the establishment is approved or, as the case may be, registered, under regulation 34(1)(a) or, as the case may be, (b), under paragraph (3).
(5) The Minister shall, for the purposes of paragraphs (3) and (4), treat a declaration submitted in anticipation of paragraph (1) as submitted thereunder and complying with paragraph (2) if the declaration either—
(a)complies with all the requirements set out in paragraph (2), or
(b)if made after 30th December 1998 but before 1st May 1999, complies with all those requirements other than the requirement set out in paragraph (2)(g)(ii).