Article 5A

Obligations of responsible persons established in Northern Ireland1

Where paragraph 3 applies, a responsible person is to be treated as complying with Articles 3, 8, 10 to 12, 14 to 18, 19(1), (2) and (5) and 20 to 24.

2

Where paragraph 4 applies, a responsible person is to be treated as complying with Articles 8, 10 to 12, 14 to 18, 19(1), (2) and (5) and 20 to 24.

3

This paragraph applies where—

a

the responsible person—

i

is established in Northern Ireland;

ii

is a responsible person for the purposes of EU Regulation (Northern Ireland);

iii

has complied with the obligations of a responsible person under Article 5 of EU Regulation (Northern Ireland); and

iv

when submitting information under Article 13 the responsible person at the same time gives notice to the Secretary of State confirming the matters in points (i) to (iii); and

b

the cosmetic product is qualifying Northern Ireland goods.

4

This paragraph applies where—

a

the responsible person is a person—

i

to which Article 2(i)(bb) applies; and

ii

who gives notice to the Secretary of State when submitting information under Article 13 that a responsible person for the purposes of EU Regulation (Northern Ireland) has complied with the obligations of a responsible person under Article 5 of EU Regulation (Northern Ireland); and

b

the cosmetic product is qualifying Northern Ireland goods.

5

In this Article—

• “EU Regulation (Northern Ireland)” means Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30^th December 2008 on cosmetic products (recast), as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.

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