PART 2Prohibitions and Obligations on Economic Operators

All economic operators

F1Qualifying Northern Ireland goods34C

1

Where paragraph (2) applies, EEE is to be treated as being in conformity with these Regulations.

2

This paragraph applies where—

a

the goods which are EEE—

i

are in conformity with these Regulations as they apply in Northern Ireland; and

ii

are qualifying Northern Ireland goods; and

b

an importer has complied with the obligations set out in paragraph (3).

3

The obligations referred to in paragraph (2)(b) are that, before placing the EEE on the market, the importer—

a

complies with regulation 21; and

b

ensures that the manufacturer has done all of the following in relation to the EEE, in accordance with these Regulations as they apply in Northern Ireland—

i

carried out the conformity assessment procedure in accordance with regulation 12(1);

ii

drawn up the technical documentation; and

iii

affixed the CE marking.

4

For the purposes of this regulation—

a

“in conformity with these Regulations” means, in relation to EEE, that—

i

the EEE is not prohibited by regulation 3 from being placed on the market; and

ii

each person who has obligations under this Part in respect of the EEE has complied, or is complying, with those obligations;

b

“CE marking” and “technical documentation” have the meanings given in regulation 2 of these Regulations as they apply in Northern Ireland;

c

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