PART 3U.K.Amendment of retained direct EU legislation

8.—(1) Article 5 is amended as follows.

(2) In paragraph 1—

(a)in the first sentence, omit “of the Member State concerned, referred to in Article 8(1), and to the Commission,”;

(b)in the second sentence—

(i)for “Member States”, substitute “ The competent authority ”;

(ii)omit “to the Member State's competent authority”.

(3) In paragraph 2, in the third subparagraph—

(a)in the first sentence, for “a tiered approach”, substitute “ the tiered approach referred to in the Commission Recommendation of 23rd December 2005 on the tiered approach technical guidance document for the purpose of implementing Regulation (EC) No 648/2004 of the European Parliament and the Council ”;

(b)omit the second and third sentences.

(4) In paragraph 3—

(a)in the first subparagraph—

(i)omit “of the Member State”;

(ii)for the comma after “requests”, substitute “ and ”;

(iii)omit “and inform the Commission about the results”;

(b)in the second subparagraph—

(i)omit “of the Member State” in both places it occurs;

(ii)omit the final sentence.

(5) In paragraph 4—

(a)in the first sentence—

(i)for “by the Member State, the Commission”, substitute “ under paragraph 3, the competent authority ”;

(ii)omit “in accordance with the procedure referred to in Article 12(2)”;

(b)omit the second sentence;

(c)for the third sentence, substitute “ The competent authority shall make its decision within 12 months of completing the evaluation carried out under paragraph 3. ”.

(6) In paragraphs 5 and 6, for “Commission” in each place it occurs, substitute “ competent authority ”.

Commencement Information

I1Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1