The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Insertion of regulation 7AE+W+S

This section has no associated Explanatory Memorandum

7.  After regulation 7 insert—

“Obligations which are met by complying with obligations in the Directive

7A.—(1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2) Paragraph (3) applies where, before a measuring container bottle is sold or supplied on the UK market, the manufacturer—

(a)has complied with the requirements of the Directive in accordance with Article 2 and Annex 1; and

(b)marks the bottle with the EEC sign in accordance with the third subparagraph of paragraph 5 of Annex 1.

(3) Where this paragraph applies—

(a)the requirements of regulations 5 and of Schedule 2 are to be treated as being satisfied;

(b)the definitions of importer and manufacturer in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign; and

(c)regulations 4, 9 and 10 apply subject to the modifications that—

(i)any reference to “UK marking” is to be read as a reference to the EEC sign;

(ii)any reference to “these Regulations” is to be read as a reference to the Directive.

[F1Expiry of regulation 7A

7B.—(1) Subject to paragraphs (2) and (3), regulation 7A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 7A—

(a)any measuring container bottle to which paragraph (3) applies may be sold or supplied on the market of Great Britain on or after the expiry of regulation 7A;

(b)any obligation to which a person was subject under regulation 7A(2) in respect of a measuring container bottle to which paragraph (3) applies continues to have effect after the expiry of regulation 7A.

(3) This paragraph applies to a measuring container bottle which—

(a)was sold or supplied on the market of Great Britain prior to the expiry of regulation 7A; and

(b)in respect of which the requirements in regulation 7A were met.

Qualifying Northern Ireland Goods

7C.—(1) Where paragraph (2) applies—

(a)the requirements of regulation 5 and of Schedule 2 are treated as being satisfied;

(b)the definition of “importer” and “manufacturer” in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign.

(2) This paragraph applies where a measuring container bottle—

(a)complies with regulation 5, as it applies in Northern Ireland; and

(b)is qualifying Northern Ireland goods.

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

Textual Amendments

Commencement Information

I1Sch. 4 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1