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.