PART 1Preliminary
F1Qualifying Northern Ireland Goods2D
1
In this regulation—
“EU Regulation 2016/425 (Northern Ireland)” means Regulation (EU) No. 2016/425 of March 2016 of March 2016 of the European Parliament and of the Council on personal protective equipment, repealing Council Directive 89/686/EEC, as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
“applicable conformity assessment procedure” means the conformity assessment procedure applicable to the PPE in accordance with Article 19 of EU Regulation 2016/245 (Northern Ireland);
“CE marking” has the meaning given to it in Article 3(18) of EU Regulation 2016/425 (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;
“technical documentation” means the documentation referred to in Annex III of Regulation 2016/425 (Northern Ireland).
2
Where paragraph (3) applies—
a
PPE is to be treated as being in conformity with the essential safety requirements within the meaning given in EU Regulation 2016/425; and
b
each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Chapter II of EU Regulation 2016/425.
3
This paragraph applies where—
a
PPE is—
i
in conformity with the essential requirements within the meaning given in EU Regulation 2016/245 (Northern Ireland); and
ii
qualifying Northern Ireland goods; and
b
each relevant economic operator has complied or is complying with the obligations imposed on them under Chapter II of EU Regulation 2016/425 (Northern Ireland); and
c
an importer has complied with the obligations set out in paragraph (4).
4
The obligations referred to in paragraph (3)(c) are that, before placing the PPE on the market, the importer—
a
complies with Article 10(3) of EU Regulation 2016/425;
b
ensures that—
i
the applicable conformity assessment procedure has been carried out in relation to the PPE;
ii
the manufacturer has drawn up the technical documentation; and
iii
the PPE bears the CE marking.