[F1Qualifying Northern Ireland GoodsE+W+S
38C.—(1) Where paragraph (2) applies, apparatus is to be treated as being in conformity with Part 2.
(2) This paragraph applies where—
(a)apparatus—
(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and
(ii)is 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 apparatus on the market, the importer—
(a)complies with regulation 20;
(b)ensures that—
(i)the relevant conformity assessment procedure has been carried out in relation to the apparatus;
(ii)the manufacturer has drawn up the technical documentation; and
(iii)the apparatus bears the CE marking.
(4) In this regulation—
“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;
“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), as it applies in Northern Ireland;
“technical documentation” means the documentation a manufacturer must draw up, in accordance with regulation 9(b), as it applies in Northern Ireland.]
Textual Amendments
F1Regs. 38A-38C inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 24 (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 12(3)); 2020 c. 1, Sch. 5 para. 1(1)