The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

Citation, commencement and extentI761

These Regulations—

a

may be cited as the Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020;

b

come into force on IP completion day; and

c

extend to Northern Ireland only.

Amendment to the Measuring Instruments (EEC Requirements) Regulations 1988I772

Schedule 1 makes amendments to the Measuring Instruments (EEC Requirements) Regulations 1988 M2.

Amendment to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001I783

Schedule 2 makes amendments to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 M3.

Amendment to the General Product Safety Regulations 2005I794

Schedule 3 makes amendments to the General Product Safety Regulations 2005 M4.

Amendment to the Supply of Machinery (Safety) Regulations 2008I805

Schedule 4 makes amendments to the Supply of Machinery (Safety) Regulations 2008 M5.

Amendment to the Toys (Safety) Regulations 2011I816

Schedule 5 makes amendments to the Toys (Safety) Regulations 2011 M6.

Amendment to the Cosmetic Products Enforcement Regulations 2013I827

Schedule 6 makes amendments to the Cosmetic Products Enforcement Regulations 2013 M7.

Amendment to the Pyrotechnic Articles (Safety) Regulations 2015I838

Schedule 7 makes amendments to the Pyrotechnic Articles (Safety) Regulations M8.

Amendment to the Electromagnetic Compatibility Regulations 2016I849

Schedule 8 makes amendments to the Electromagnetic Compatibility Regulations 2016 M9.

Amendment to the Simple Pressure Vessels (Safety) Regulations 2016I8510

Schedule 9 makes amendments to the Simple Pressure Vessels (Safety) Regulations 2016 M10.

Amendment to the Lifts Regulations 2016I8611

Schedule 10 makes amendments to the Lifts Regulations 2016 M11.

Amendment to the Electrical Equipment (Safety) Regulations 2016I8712

Schedule 11 makes amendments to the Electrical Equipment (Safety) Regulations 2016 M12.

Amendment to the Pressure Equipment (Safety) Regulations 2016I8813

Schedule 12 makes amendments to the Pressure Equipment (Safety) Regulations 2016 M13.

Amendment to the Non-automatic Weighing Instruments Regulations 2016I8914

Schedule 13 makes amendments to the Non-automatic Weighing Instruments Regulations 2016 M14.

Amendment to the Measuring Instruments Regulations 2016I9015

Schedule 14 makes amendments to the Measuring Instruments Regulations 2016 M15.

Amendment to the Recreational Craft Regulations 2017I9116

Schedule 15 makes amendments to the Recreational Craft Regulations 2017 M16.

Amendment to the Radio Equipment Regulations 2017I9217

Schedule 16 makes amendments to the Radio Equipment Regulations 2017 M17.

Amendment to the Personal Protective Equipment (Enforcement) Regulations 2018I9318

Schedule 17 makes amendments to the Personal Protective Equipment (Enforcement) Regulations 2018 M18.

Amendment to the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018I9419

Schedule 18 makes amendments to the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 M19.

Amendment to the Identification and Traceability of Explosives Regulations (Northern Ireland) 2013I9520

Schedule 19 makes amendments to the Identification and Traceability of Explosives Regulations 2013 M20.

SCHEDULE 1Amendment to the Measuring Instruments (EEC Requirements) Regulations 1988

Regulation 2

I11

1

The Measuring Instruments (EEC Requirements) Regulations 1988, insofar as they continue in force by virtue of paragraph 5 of the Schedule to the Weights and Measures (Revocations) Regulations 2015 M21, are amended as follows.

2

In Schedule 5 (adaptations for Northern Ireland)—

a

in paragraph 1(e), in the substituted definition of “ use of trade ” omit “other than the United Kingdom”;

b

for “Department of Economic Development” substitute “ Department for the Economy ” (seven times);

c

after paragraph 2, insert—

2A
1
In the following provisions omit “other than the United Kingdom”—
a
regulation 10;
b
regulation 12(1) and (2);
c
regulation 13(8);
d
regulation 17(1) and (5);
e
regulation 18;
f
regulation 19(1) and (2);
g
regulation 20(1)(a) and (3);
h
regulation 21(5);

3

In regulation 8(3) omit “other”.

4

After regulation 9(2)(b) insert—

ba
a condition requiring such notice to be given to the Secretary of State if such instruments are to be installed in Northern Ireland;

SCHEDULE 2Amendment to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Regulation 3

I21

1

The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 are amended as follows.

2

In regulation 2—

a

in paragraph (1)—

i

at the end of sub-paragraph (a) insert “ and ”;

ii

omit sub-paragraph (b);

b

after paragraph (1) insert—

1A
A reference in a Schedule to these Regulations—
a
to “the European Union” is to be read as a reference to the relevant market;
b
to “Community Directives” is to be read as a reference to NI Protocol obligations;
c
to “the Notifying Member State” is to be read as a reference to the Secretary of State.

c

in paragraph (2)—

i

after the definition of “indication of the guaranteed sound power level” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 M22 applies;

ii

after the definition of “open air” insert—

“relevant market means—
a
the market of Northern Ireland; and
b
the markets of the EEA states;

iii

in the definition of “responsible person” for “European Union” in each of the three places in which it occurs, substitute “ relevant market ”.

3

In regulation 9(a)—

a

in sub-paragraph (i), for “country outside the European Union” substitute “ market outside of the relevant market ”;

b

for sub-paragraph (ii) substitute—

ii
is imported into the relevant market for re-export to a market outside of the relevant market,

4

In the following paragraphs of regulation 11 for “directives” substitute “ NI Protocol obligations ”

a

paragraph (3) (twice);

b

paragraph (4) (four times).

5

In regulation 13(b) omit “other than the United Kingdom,”.

6

In regulation 17(2)—

a

for “European Union” substitute “ relevant market ” (twice);

b

in sub-paragraph (b) for “the United Kingdom” substitute “ Northern Ireland ”.

SCHEDULE 3Amendment to the General Product Safety Regulations 2005

Regulation 4

I31

1

The General Product Safety Regulations 2005 are amended as follows.

2

In regulation 2—

a

for the definition of “EU law” substitute—

“NI Protocol obligation” means any obligation created or arising under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies (and does not include Regulation (EC) No 765/2008 of the European Parliament and the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (as it has effect in EU law)) M23;

b

omit the definition of “Member State”;

c

in the definition of “producer” for “Member State” substitute “ relevant state ” (5 times);

d

after the definition of “record” insert—

“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

3

In regulation 3—

a

for “rules of EU law” substitute “ any NI Protocol obligation ” (twice);

b

in paragraph (2)(a) for “rules” substitute “ NI Protocol obligation ”.

4

In regulation 6(1) for “rules of EU law” substitute “ any NI Protocol obligation ”.

5

In regulation 9(1)(b)—

a

for “the United Kingdom” substitute “ Northern Ireland ”;

b

for “Member State” substitute “ relevant state ”.

6

In regulation 33—

a

at the beginning insert—

A1
The Secretary of State must establish and operate a database containing information relating to market surveillance and product safety.
B1
The database referred to in paragraph (A1) must be designed to enable notifications by enforcement authorities under paragraphs (1), (2) or (4), to be made to the Secretary of State, through the database.

b

in paragraph (1)—

i

for “the same” substitute “ the information contained in that notification ”;

ii

after “Secretary of State” insert “ through the database referred to in paragraph (A1) ”;

iii

for “Member States” substitute “ relevant states ”;

c

in paragraph (2) after “Secretary of State” in the first place in which it occurs, insert “ of the action taken through the database referred to in paragraph (A1) ”;

d

in paragraph (3)—

i

after “market” insert “ of Northern Ireland ”;

ii

for “EU legislation” substitute “ NI Protocol obligation ”;

iii

for “the United Kingdom” substitute “ Northern Ireland ”;

iv

for “Member States” substitute “ relevant states ”;

e

in paragraph (4)—

i

after “Secretary of State” in the first place in which it occurs insert “ of the measure or action taken through the database referred to in paragraph (A1) ”;

ii

at the end insert “ through the database referred to in paragraph (A1) ”;

f

in paragraph (5), after “(other than a pharmaceutical product)” insert “ on the market of Northern Ireland ”;

g

in paragraph (6)—

i

for “the United Kingdom” substitute “ Northern Ireland ”;

ii

for “Member States of the European Union” substitute “ relevant states ”

h

in paragraph (8) for “the United Kingdom” substitute “ Northern Ireland ” (twice).

7

In regulation 35—

a

in paragraph (2) after “shall” insert “ in respect of Northern Ireland ”;

b

in paragraph (4) for “European Union” substitute “ relevant states ”;

8

In regulation 36 for “Member States” substitute “ relevant states ”.

9

In regulation 38(2) after “Regulations,” and at the end insert “ in respect of Northern Ireland ”.

SCHEDULE 4Amendment to the Supply of Machinery (Safety) Regulations 2008

Regulation 5

I961

The Supply of Machinery (Safety) Regulations 2008 are amended in accordance with paragraphs 2 to 7.

Amendment to Part 1I42

1

In regulation 2—

a

in paragraph (1)(b) after “EEA” insert “ and Northern Ireland ”;

b

in paragraph (2)—

i

in the following definitions, for “an EEA” substitute “ a relevant ”

aa

“authorised representative”;

bb

“manufacturer”;

cc

“notified body”, in paragraph (c)(ii);

ii

after the definition of “manufacturer” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

iii

in the definition of “notified body”, in paragraph (b), for “EEA” substitute “ relevant ” (twice);

iv

after the definition of “put into service” insert—

“relevant market” means—
a
the market of Northern Ireland; and
b
the markets of the EEA states;

v

after the definition of “relevant nuclear site” insert—

“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

In regulation 3—

a

in the heading for “EEA” substitute “ relevant market ”;

b

in paragraph (1), for “an EEA” substitute “ a relevant ” (twice);

c

in paragraph (2)(a)(i) and (iii) for “an EEA” substitute “ a relevant ”;

d

for paragraph 2(a)(ii) substitute—

ii
is imported into the relevant market for re-export to a market outside of the relevant market;

Amendment to Part 2I53

For regulation 5 substitute—

Disapplication where more specific safety obligations apply5
1
These Regulations do not apply to a product if, or to the extent that, paragraph (2) applies.
2
This paragraph applies where any NI Protocol obligation, other than any obligation in relation to the Directive, applies to the product and makes more specific provision than the Directive in connection with the hazards referred to in Annex I (Part 1 of Schedule 2).

Amendment to Part 4I64

In regulation 14—

a

for “EU Directive” substitute “ NI Protocol obligation ”;

b

for “other Directive” substitute “ other NI Protocol obligation ” (five times).

Amendment to Part 5I75

In regulation 16 for “EEA” substitute “ relevant ” (twice).

Amendment to Part 7I86

In regulation 29(2) for “member” substitute “ relevant ”.

Amendment to Schedule 2I97

In Schedule 2—

a

in Part 1, in paragraph 1.7.1 and 1.7.4 for “EEA state” substitute “ relevant state ”;

b

in Part 2 for “an EEA” substitute “ a relevant ” (twice);

c

in Part 7—

i

for “other EEA” substitute “ other relevant ” (three times);

ii

for “an EEA” substitute “ a relevant ” (twice);

d

in Part 9, in paragraph 8 for “EEA” substitute “ relevant ”.

SCHEDULE 5Amendment to the Toys (Safety) Regulations 2011

Regulation 6

I971

The Toys (Safety) Regulations 2011 are amended in accordance with paragraphs 2 to 7.

Amendment to Part 1I102

1

In regulation 3—

a

in the definition of “importer”—

i

in sub-paragraph (a) for “EU” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the EU” substitute “ market outside the relevant market on the relevant ”;

b

in the following definitions for “EU” substitute “ relevant ”

i

“make available on the market”;

ii

“place on the market”;

c

after the definition of “recall” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

In regulation 8(2)(b) for “EU” substitute “ relevant market ”.

Amendment to Part 2I113

1

In regulation 17(2) and (4) for “Member” substitute “ relevant ”.

2

In regulation 25 for “EU” substitute “ relevant market ”.

Amendment to Part 3I124

In regulation 40(2)—

a

for “member States” substitute “ relevant states ” (twice);

b

in sub-paragraph (b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

after “have” insert “ been ”;

iii

for “Directive.” substitute “ Directive; ”;

c

after sub-paragraph (b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the person designated is established in the United Kingdom; or
ii
an accreditation certificate attesting that the person meets the requirements laid down in paragraphs 2 to 11 of Article 26 of the Directive was issued by the United Kingdom Accreditation Service, in respect of that person.

Amendment to Part 4I135

In regulation 48 after “participate in” insert “ , or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, ”.

Amendment to Part 5I146

1

In regulation 52(4) for “the United Kingdom” substitute “ Northern Ireland ”.

2

In regulation 53(5) for “Member State” substitute “ relevant state ”.

3

In regulation 54(1) omit “other” where it appears before “Member States”.

Amendment to Part 6I157

In regulation 58(2) for “member States” substitute “ relevant states ”.

SCHEDULE 6Amendment to the Cosmetic Products Enforcement Regulations 2013

Regulation 7

I161

1

The Cosmetic Products Enforcement Regulations 2013 are amended as follows.

2

In regulation 2(1) in the definition of “enforcement authority” omit sub-paragraph (i).

3

Omit regulations 4(2)(a), 6(2), (4) and (5).

4

In regulation 10 omit “other” where it appears before “member States”.

5

In regulation 16—

a

in paragraph (1) omit “England and Wales or” (twice);

b

omit paragraph (2);

c

in paragraph (3) omit—

i

“England, Wales, or”;

ii

sub-paragraph (a).

6

Omit regulations 17(3), 21 and 22(1) and (2).

F16A

In regulation 20—

a

in paragraph (1) omit “England and Wales or”;

b

omit paragraph (5)(a);

c

in the text following paragraph (5)(b) omit from “section 111” to “1980, or”.

7

In regulation 22(5) omit from “(or” to “Advocate)”.

8

In regulation 23(2) omit from “(in England” to “Scotland)”.

9

In regulation 26(2) for “other” substitute “ any ”.

SCHEDULE 7Amendment to the Pyrotechnic Articles (Safety) Regulations 2015

Regulation 8

I981

The Pyrotechnic Articles (Safety) Regulations 2015 are amended in accordance with paragraphs 2 to 7.

Amendment to Part 1I172

1

In regulation 2(1)—

a

in the following definitions for “member State” substitute “ relevant state ”

i

“accreditation certificate”;

ii

“competent national authority”;

iii

“registration number”;

b

in the definition of “importer”—

i

in sub-paragraph (a) for “EU” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the EU” substitute “ market outside of the relevant market on the relevant ”;

c

in the following definitions for “EU” substitute “ relevant ”

i

“make available on the market”;

ii

“place on the market”;

d

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

In regulation 2(3) for “member State” substitute “ relevant state ”.

3

In regulation 3(2(h)(i) for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 2I183

1

In regulations 11 (three times), 17(2), 18(1), 22(2), 25(1)(a)(iii) and 36(1) for “member State” substitute “ relevant state ”.

2

In regulation 27(2) for “member States” substitute “ relevant states ”

3

In regulations 11(5), 18(2) and 36(2) for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 4I194

1

In regulation 43(1)—

a

for “member States” substitute “ relevant states ” (twice);

b

in sub-paragraph (b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

for “used.” substitute “ used; ”;

c

after sub-paragraph (b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 44 for “member States” substitute “ relevant states ” (twice).

3

In regulation 49(4) for “member States” substitute “ relevant states ”.

Amendment to Part 5I205

1

In regulation 57—

a

in paragraphs (3), (4) and (5)(a) for “the United Kingdom” substitute “ Northern Ireland ”;

b

in paragraph (4)—

i

at the beginning insert “ Subject to paragraph (4A), ”;

ii

for “member States” substitute “ relevant states ”;

c

after paragraph (4) insert—

4A
Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.

d

in paragraph (5)(b) for “United Kingdom market” substitute “ market in Northern Ireland ”;

e

in paragraph (7) for “member States” substitute “ relevant states ”.

2

In regulation 58—

a

in paragraph (1) for “member State” substitute “ relevant state ”;

b

in paragraph (2)—

i

for “member State” substitute “ relevant state ”;

ii

for “member States” substitute “ relevant states ”;

iii

in sub-paragraph (b) for “article; and” substitute “ article. ”

iv

omit sub-paragraph (c);

c

in paragraph (3)—

i

for “member State” substitute “ relevant state ”;

ii

after “are taken” insert “ in Northern Ireland ”;

d

in paragraph (4)—

i

for “member State” substitute “ relevant state ”;

ii

for “United Kingdom market” substitute “ market in Northern Ireland ”;

e

at the end of paragraphs (6) and (7) insert “ in respect of Northern Ireland ”.

3

In regulation 59—

a

in paragraph (3)—

i

at the beginning insert “ Subject to paragraph (3A), ”;

ii

for “member States” substitute “ relevant states ”;

b

after paragraph (3) insert—

3A
Paragraph (3) only applies to measures taken in Northern Ireland.

Amendment to Part 6I216

1

In regulation 73(2) for “member States” substitute “ relevant states ”.

2

In regulation 74(5) for “member State” substitute “ relevant state ”.

Amendment to SchedulesI227

1

In paragraph 5(2) of Schedule 4, for “member State” substitute “ relevant state ”.

2

In paragraphs 2(8) and 3(13) of Schedule 9 for “the United Kingdom” substitute “ Northern Ireland ”.

SCHEDULE 8Amendment to the Electromagnetic Compatibility Regulations 2016

Regulation 9

I991

The Electromagnetic Compatibility Regulations 2016 are amended in accordance with paragraphs 2 to 7.

Amendment to Part 1I232

1

In regulation 2(1)—

a

in the following definitions for “member State” substitute “ relevant state ”

i

“accreditation certificate”;

ii

“competent national authority”;

b

in the definition of “authorised representative” for “EU” substitute “ relevant market ”;

c

in the definition of “importer”—

i

for “EU” in the first place in which it occurs, substitute “ relevant market ”;

ii

for “third country on the EU” substitute “ market outside of the relevant market on the relevant ”;

d

after the definition of “national accreditation body” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

e

in the following definitions for “EU” substitute “ relevant ”

i

“make available on the market”;

ii

“place on the market”;

f

in the definition of “put into service” for “EU” substitute “ relevant market ”;

g

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

Omit regulation 2(4).

3

In regulation 2(5) for “Member State” substitute “ relevant state ”.

4

Omit regulation 3(5).

5

After regulation 3 insert—

Disapplication where more specific obligations apply3A
1
Each provision of these Regulations does not apply to equipment if, or to the extent that, paragraph (2) applies.
2
This paragraph applies where any NI Protocol obligation, other than any obligation in relation to the Directive, applies to the equipment and makes more specific provision than the Directive in relation to the conformity of the equipment with the essential requirements.

6

In regulation 6 for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 2I243

1

in regulation 10(3)—

a

for “EU instrument” substitute “ NI Protocol obligation ”;

b

in sub-paragraph (a) before “EU instruments” insert “ relevant ”;

c

in sub-paragraph (b) for “those EU” substitute “ the relevant EU ”.

2

In regulations 13(4), 14(1)(a), 15(2), 20(2), 21(1), 23(2), 27(1)(a)(iii), 30(2) and 34(1) for “member State” substitute “ relevant state ”.

3

In regulation 14(2), 21(2) and 34(2) for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 4I254

1

In regulation 43(1)—

a

for “member States” substitute “ relevant states ” (twice);

b

in sub-paragraph (b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

at the end for “certificate.” substitute “ certificate; ”;

c

after sub-paragraph (b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 44 for “member States” substitute “ relevant states ” (twice).

3

In regulation 49(5) for “member States” substitute “ relevant states ”.

Amendment to Part 5I265

1

In regulation 57—

a

in paragraph (3) for “the United Kingdom” substitute “ Northern Ireland ”;

b

in paragraph (4)—

i

at the beginning insert “ Subject to paragraph (4A), ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “member States” substitute “ relevant states ”;

c

after paragraph (4) insert—

4A
Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.

d

in paragraph (5)—

i

in sub-paragraph (a) for “the United Kingdom” substitute “ Northern Ireland ”;

ii

in sub-paragraph (b) for “United Kingdom market” substitute “ market in Northern Ireland ”;

e

in paragraph (7) for “member States” substitute “ relevant states ”.

2

In regulation 58—

a

In paragraph (1) for “member State” substitute “ relevant state ”;

b

In paragraph (2)—

i

for “member State” substitute “ relevant state ”;

ii

for “member States” substitute “ relevant states ”;

iii

in sub-paragraph (a) after “enforcing authority” insert “ in Northern Ireland ”;

iv

in sub-paragraph (b) for “apparatus; and” substitute “ apparatus. ”

v

omit sub-paragraph (c).

c

in paragraph (3)—

i

for “member State” substitute “ relevant state ”;

ii

after “are taken” insert “ in Northern Ireland ”;

d

in paragraph (4)—

i

for “member State” substitute “ relevant state ”;

ii

for “United Kingdom market” substitute “ market in Northern Ireland ”;

e

at the end of paragraphs (6) and (7) insert “ in respect of Northern Ireland ”.

Amendment to Part 6I276

In regulation 73(2) for “member States” substitute “ relevant states ”.

Amendment to SchedulesI287

1

In paragraph 15 of Schedule 3 for “Member States” substitute “ relevant states ” (twice).

2

In paragraphs 16 and 29 of Schedule 7 for “the United Kingdom” substitute “ Northern Ireland ”.

SCHEDULE 9Amendments to the Simple Pressure Vessels (Safety) Regulations 2016

Regulation 10

I291

1

The Simple Pressure Vessels (Safety) Regulations 2016 are amended as follows.

2

In regulation 45(1)(b)—

a

after “objections” insert “ , other than an immaterial objection, ”;

b

for “certificate.” substitute “ certificate; ”.

3

After regulation 45(1)(b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

SCHEDULE 10Amendment to the Lifts Regulations 2016

Regulation 11

I1001

The Lifts Regulations 2016 are amended in accordance with paragraphs 2 to 7.

Amendment to Part 1I302

1

In regulation 2(1)—

a

in the following definitions for “member State” substitute “ relevant state ”

i

“accreditation certificate”;

ii

“competent national authority”;

b

in the definition of “authorised representative” for “EU” substitute “ relevant market ”;

c

in the definition of “importer”—

i

in sub-paragraph (a) for “EU” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the EU” substitute “ market outside of the relevant market on the relevant ”;

d

in the following definitions for “EU” substitute “ relevant ”

i

“make available on the market”;

ii

“place on the market” (twice);

e

After the definition of “national accreditation body” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

f

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

In regulation 2(3)(b) for “member State” substitute “ relevant state ”;

3

Omit regulation 2(5).

Amendment to Part 2I313

1

In regulation 5 in the heading and in the regulation for “EU law” substitute “ NI Protocol obligation ”.

2

In regulation 8(3)—

a

for “EU instrument” in the first place in which it occurs substitute “ NI Protocol obligation ”;

b

in sub-paragraph (a) before “EU” insert “ relevant ”;

3

In regulation 10—

a

for “member State” substitute “ relevant state ” (twice);

b

for “the United Kingdom” substitute “ Northern Ireland ”.

4

In regulation 12(2) for “member State” substitute “ relevant state ”.

5

In regulation 17(3)—

a

for “EU instrument” in the first place in which it occurs substitute “ NI Protocol obligation ”;

b

in sub-paragraph (b) before “EU” insert “ relevant ”.

6

In regulation 19—

a

for “member State” substitute “ relevant state ” (twice);

b

in paragraph (4) for “the United Kingdom” substitute “ Northern Ireland ”.

7

In regulations 22 and 28 for “member State” substitute “ relevant state ”.

8

In regulation 29—

a

for “member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

9

In regulation 37—

a

for “member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

10

In regulation 40 for “member States” substitute “ relevant states ”.

11

In regulation 43—

a

for “member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 4I324

1

In regulation 51(1)—

a

in sub-paragraph (a) for “member States” substitute “ relevant states ”;

b

in sub-paragraph (b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

for “member States” substitute “ relevant states ”;

iii

at the end for “certificate.” substitute “ certificate; ”;

c

after sub-paragraph (b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 52 for “member States” substitute “ relevant states ” (twice).

3

In regulation 57(5) for “member States” substitute “ relevant states ”.

Amendment to Part 5I335

1

In regulation 65—

a

in paragraph (1)—

i

in sub-paragraph (b)(ii) after “lifts” insert “ from the market in Northern Ireland ”;

ii

in sub-paragraph (b)(iii) after “lifts” insert “ from the market in Northern Ireland ”;

b

in paragraph (3) for “the United Kingdom” substitute “ Northern Ireland ”.

c

in paragraph (4)

i

at the beginning insert “ Subject to paragraph (4A), ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “member States” substitute “ relevant states ”;

d

after paragraph (4) insert—

4A
Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.

e

in paragraph (5)—

i

in sub-paragraphs (a)(i) and (b)(i) for “the United Kingdom” substitute “ Northern Ireland ”;

ii

in sub-paragraph (b)(ii) for “United Kingdom market” substitute “ market in Northern Ireland ”;

f

in paragraph (7) for “member States” substitute “ relevant states ”.

2

In regulation 66—

a

in paragraph (1) for “member State” substitute “ relevant state ”;

b

in paragraph (2)—

i

for “member State” in the first place in which it occurs substitute “ relevant state ”;

ii

for “member States” substitute “ relevant states ”;

iii

in sub-paragraph (a) after “authority” insert “ in Northern Ireland ”;

iv

in sub-paragraph (b) for “lifts; and” substitute “ lifts. ”

v

omit sub-paragraph (c).

c

in paragraph (3)—

i

for “member State” substitute “ relevant state ”;

ii

after “are taken” insert “ in Northern Ireland ”;

d

in paragraph (4)—

i

for “member State” substitute “ relevant state ”;

ii

for “the United Kingdom market” substitute “ market in Northern Ireland ”;

e

at the end of paragraph (6) insert “ in respect of Northern Ireland ”;

f

omit paragraph (7).

3

In regulation 67—

a

in paragraphs (1)(a)(ii) and (iii) after “lift” insert “ from Northern Ireland ”;

b

in paragraph (2)(b)(ii) and (iii) after “lifts” insert “ from Northern Ireland ”;

c

in paragraph (3) for “member States” substitute “ relevant states ”.

Amendment to Part 6I346

In regulation 81(2) for “member States” substitute “ relevant states ”.

Amendment to SchedulesI357

1

In Schedule 1, in paragraph 3(4) for “member States” substitute “ relevant states ”.

2

In Schedule 10, in paragraph 2(8) and 3(13) for “the United Kingdom” substitute “ Northern Ireland ”.

SCHEDULE 11Amendment to the Electrical Equipment (Safety) Regulations 2016

Regulation 12

I1011

The Electrical Equipment (Safety) Regulations 2016 are amended in accordance with paragraphs 2 to 6.

Amendment to Part 1I362

1

In regulation 2(1)—

a

in the definition of “authorised representative” for “EU” substitute “ relevant market ”;

b

in the definition of “importer”—

i

in sub-paragraph (a) for “EU” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the EU” substitute “ market outside of the relevant market on the relevant ”;

c

in the following definitions for “EU” substitute “ relevant ”

i

“making available on the market”;

ii

“placing on the market”;

d

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the markets of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

Omit regulation 2(5).

3

In regulation 3(2)(g) for “member States” substitute “ relevant states ”.

Amendment to Part 2I373

1

In regulation 6—

a

in paragraph (3)

i

for “EU instrument” in the first place in which that occurs, substitute “ NI Protocol obligation ”;

ii

before “EU instrument” in sub-paragraph (a) insert “ relevant ”;

b

after paragraph (3) insert—

4
In paragraph (3) “NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies.

2

In regulations 9(3), 19(2) and 26(3) for “the UK” substitute “ Northern Ireland ”

3

In regulations 12(2), 18(2), 23(2), 26(1)(a)(iii), and 32(1) for “member State” substitute “ relevant state ”.

4

In regulation 29(2) for “member States” substitute “ relevant states ”.

5

In regulations 32(2), 35(1) and in the heading of regulation 35 for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 3I384

In regulation 37—

a

in paragraph (2)(a) for “member State” substitute “ relevant state ”;

b

in paragraph (3)(b) for “member State” substitute “ relevant state ”.

Amendment to Part 4I395

1

In regulation 45—

a

in paragraph (1)(b) after “equipment” “from Northern Ireland”;

b

in paragraph (1)(c) after “equipment” insert “ from the market in Northern Ireland ”;

c

in paragraph (2) and (3) for “the United Kingdom” substitute “ Northern Ireland ”;

d

in paragraph (3)—

i

at the beginning insert “ Subject to paragraph (3A) ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “member States” substitute “ relevant states ”;

e

after paragraph (3) insert—

3A
Paragraph (3) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.

f

in paragraph (4)—

i

in sub-paragraph (a) for “the United Kingdom” substitute “ Northern Ireland ”;

ii

in sub-paragraph (b) for “United Kingdom market” substitute “ market in Northern Ireland ”;

g

in paragraph (6) for “member States” substitute “ relevant states ”.

2

In regulation 46—

a

in paragraph (1)—

i

for “member State” substitute “ relevant state ”;

ii

in sub-paragraph (a) after “authority” insert “ in Northern Ireland ”;

b

in paragraph (2)—

i

for “member State” in the first place in which it occurs substitute “ relevant state ”;

ii

for “member States” substitute “ relevant states ”;

iii

in sub-paragraph (b) for “equipment; and” substitute “ equipment. ”;

iv

omit sub-paragraph (c).

c

in paragraph (3)—

i

for “member State” substitute “ relevant state ”;

ii

for “United Kingdom market” substitute “ market in Northern Ireland ”;

d

in paragraphs (5) and (6) at the end insert “ in respect of Northern Ireland ”.

3

In regulation 47—

a

in paragraphs (1)(b) and (c) after “equipment” insert “ from the market in Northern Ireland ”;

b

in paragraph (3) for “member States” substitute “ relevant states ”.

Amendment to Part 5I406

In regulation 61(2) for “member States” substitute “ relevant States ”.

SCHEDULE 12Amendment to the Pressure Equipment (Safety) Regulations 2016

Regulation 13

I411

1

The Pressure Equipment (Safety) Regulations 2016 are amended as follows.

2

In the provisions listed in paragraph (4), after “objection” insert “ other than an immaterial objection, ”.

3

After the provisions listed in paragraph (4) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

4

The provisions referred to in paragraphs (2) and (3) are—

a

regulation 51(1)(b);

b

regulation 52(1)(b); and

c

regulation 53(1)(b).

SCHEDULE 13Amendment to the Non-automatic Weighing Instruments 2016

Regulation 14

I1021

The Non-automatic Weighing Instruments Regulations 2016 are amended in accordance with paragraphs 2 to 8.

Amendment to Part 1I422

1

In regulation 2(1)—

a

in the following definitions for “EEA” substitute “ relevant ”

i

“accreditation certificate”;

ii

“market surveillance authority”;

iii

“notified body”;

b

in the definition of “authorised representative” for “European Economic Area” substitute “ relevant market ”;

c

in the definition of “importer”—

i

in sub-paragraph (a) for “European Economic Area” substitute “ relevant market ”;

ii

for “third country on the European Economic Area” substitute “ market outside of the relevant market on the relevant ”;

d

after the definition of “national accreditation body” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

e

in the definition of “make available on the market” for “European Economic Area market” substitute “relevant market;

f

in the definition of “place on the market” for “market in the European Economic Area” substitute “ relevant market ”;

g

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

F2h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In regulation 2(2) for “EEA” substitute “ relevant ”.

Amendment to Part 2I433

1

In regulations 10(3), 11(2), 15, 18(3). 19(2), and 27(3) for “the United Kingdom” substitute “ Northern Ireland ”.

2

In regulation 12(3) for “EEA” substitute “ relevant ”.

3

In regulation 15 for “European Economic Area” substitute “ relevant market ”.

Amendment to Part 3I444

1

In regulation 40(2) for “the United Kingdom” substitute “ Northern Ireland ”.

2

In regulation 41—

a

in paragraph (1) for “a requirement of European Union legislation” substitute “ an NI Protocol obligation ”;

b

in paragraph (2) before “Union” insert “ relevant ”.

Amendment to Part 5I455

1

In regulation 47—

a

for “EEA” substitute “ relevant ” (three times);

b

in paragraph (2)(b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

for “used.” substitute “ used; ”;

c

after paragraph (2)(b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 49—

a

in paragraph (1) for “EEA” substitute “ relevant ”;

b

in paragraph (6) for “member States” substitute “ relevant states ”.

3

In regulation 54(5) for “EEA” substitute “ relevant ”.

Amendment to Part 8I466

1

In regulation 58—

a

in paragraph (4)(b) at the end insert “ in Northern Ireland ”;

b

in paragraph (6)—

i

at the beginning insert “ Subject to paragraph (6A), ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “EEA” substitute “ relevant ”;

c

after paragraph (6) insert—

6A
Paragraph (6) does not require the Secretary of State to inform the Commission or the other relevant states where the non-compliance extends only to any of England or Wales or Scotland.

d

in paragraph (7) for “the European Economic Area” substitute “ Northern Ireland ”;

e

in paragraph (8) after “on the market” insert “ in Northern Ireland ”;

f

in paragraph (9) for “EEA” substitute “ relevant ”.

2

In regulation 59—

a

in paragraph (1)—

i

for “EEA” in the first two places in which it occurs substitute “ relevant ”;

ii

in sub-paragraph (b) for “instrument; and” substitute “ instrument. ”;

iii

omit sub-paragraph (c).

b

in paragraph (2) for “EEA” substitute “ relevant ”.

3

In regulation 60—

a

in paragraph (2)—

i

in sub-paragraph (a) after “market” insert “ in Northern Ireland ”;

ii

in sub-paragraph (b) after “market” insert “ in Northern Ireland ”;

b

in paragraph (3) for “EEA” substitute “ relevant ”.

4

In regulation 64—

a

in paragraph (3)(a) after “market” insert “ in Northern Ireland ”;

b

omit paragraph (6).

Amendment to Part 10I477

In regulation 77(2) for “EEA” substitute “ relevant ”.

Amendment to SchedulesI488

In Schedule 3—

a

in paragraph 1 for “an EEA” substitute “ a relevant ”;

b

in paragraph 11(c) for “European Union harmonisation legislation” insert “ any NI Protocol obligation ”;

c

in paragraph 16—

i

for “the European” substitute “ any relevant ”;

ii

after “legislation” insert “ as it applies in Northern Ireland under a NI Protocol obligation ”.

SCHEDULE 14Amendment to the Measuring Instruments Regulations 2016

Regulation 15

I1031

The Measuring Instruments Regulations 2016 are amended in accordance with paragraphs 2 to 8.

Amendment to Part 1I492

1

In regulation 2(1)—

a

in the following definitions for “EEA” substitute “ relevant ”

i

“accreditation certificate”;

ii

“market surveillance authority”;

iii

“notified body”

b

in the definition of “authorised representative” for “European Economic Area” substitute “ relevant market ”;

c

in the definition of “importer”—

i

in sub-paragraph (a) for “European Economic Area” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the European Economic Area” substitute “ market outside of the relevant market on the relevant ”;

d

after the definition of “national accreditation body” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

F4e

in the definition of “make available on the market” for “European Economic Area” substitute “relevant”;

F3ea

in the definition of “place on the market” for “market, in the European Economic Area” substitute “relevant market”;

f

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

F5g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In regulation 2(2) for “EEA” substitute “ relevant ”.

Amendment to Part 2I503

1

In regulations 11(4), 12(3), 16, 19(3), 20(2), and 28(4) for “the United Kingdom” substitute “ Northern Ireland ”.

2

In regulation 13(3) for “EEA” substitute “ relevant ”.

3

In regulation 16 for “European Economic Area” substitute “ relevant market ”.

Amendment to Part 3I514

1

In regulation 47(2) for “the United Kingdom” substitute “ Northern Ireland ”.

2

In regulation 48—

a

in paragraph (1) for “a requirement of European Union legislation” substitute “ an NI Protocol obligation ”;

b

in paragraph (2) before “Union” insert “ relevant ”.

Amendment to Part 5I525

1

In regulation 53—

a

for “EEA” substitute “ relevant ” (three times);

b

in paragraph (2)(b) —

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

for “used.” substitute “ used; ”;

c

after paragraph (2)(b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 55 for “EEA” substitute “ relevant ” (twice).

3

In regulation 60(5) for “EEA” substitute “ relevant ”.

Amendment to Part 7I536

1

In regulation 63—

a

in paragraph (6)—

i

at the beginning insert “ Subject to paragraph (6A), ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “EEA” substitute “ relevant ”;

b

after paragraph (6) insert—

6A
Paragraph (6) does not require the Secretary of State to inform the Commission or the other relevant states where the non-compliance extends only to any of England or Wales or Scotland.

c

in paragraph (7) for “the European Economic Area” substitute “ Northern Ireland ”;

d

in paragraph (8)—

i

after “on the market” insert “ in Northern Ireland ”;

ii

after “from the market” insert “ in Northern Ireland ”;

e

in paragraph (9) for “EEA States” substitute “ relevant states ”.

2

In regulation 64—

a

in paragraph (1)—

i

for “EEA State” in the first place in which it occurs substitute “ relevant state ”;

ii

for “EEA States” substitute “ relevant states ”;

iii

in sub-paragraph (b) for “instrument; and” substitute “ instrument. ”;

iv

omit sub-paragraph (c).

b

in paragraph (2) for “EEA” substitute “ relevant ”.

3

In regulation 65—

a

in paragraph (2)(b) after “market” insert “ in Northern Ireland ”;

b

in paragraph (3) for “EEA” substitute “ relevant ”.

4

In regulation 69—

a

in paragraph (3)(a) after “market” insert “ in Northern Ireland ”;

b

omit paragraph (6).

Amendment to Part 9I547

In regulation 81(2) for “EEA” substitute “ relevant ”.

Amendment to SchedulesI558

1

In Schedule 2—

a

in paragraph 2 for “EEA” substitute “ relevant ” (twice);

b

in paragraph 4 for “EEA” substitute “ relevant ” (twice);

c

in paragraph 7 for “EEA” substitute “ relevant ” (twice);

d

in paragraph 10 for “EEA” substitute “ relevant ” (twice);

e

in paragraph 12 for “EEA” substitute “ relevant ” (twice);

2

In Schedule 5—

a

in paragraph 1 for “an EEA” substitute “ a relevant ”;

b

in paragraph 6(c) for “Union harmonisation legislation” insert “ any NI Protocol obligation ”;

c

in paragraph 9 for “EEA” substitute “ relevant ”;

d

in paragraph 10 after “legislation” insert “ as it applies in Northern Ireland under a NI Protocol obligation ”.

SCHEDULE 15Amendment to the Recreational Craft Regulations 2017

Regulation 16

I1041

The Recreational Craft Regulations 2017 are amended in accordance with paragraphs 2 to 7.

Amendment to Part 1I562

1

In regulation 2(1)—

a

in the following definitions for “Member State” substitute “ relevant state ”

i

“accreditation certificate”;

ii

“competent national authority”;

b

in the definition of “importer”—

i

in sub-paragraph (a) for “EU” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the EU” substitute “ market outside of the relevant market on the relevant ”;

c

after the definition of “national accreditation body” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

d

in the following definitions for “EU” substitute “ relevant ”

i

“making available on the market”;

ii

“placing on the market”;

iii

“putting into service”;

e

in the definition of “private importer”—

i

for “EU” in the first place in which it occurs, substitute “ relevant market ”;

ii

for “third country into the EU” substitute “ market outside of the relevant market into the relevant market ”;

f

after the definition of “relevant conformity assessment procedure” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

Omit regulation 2(4).

3

In regulation 2(5)(b) for “member State” substitute “ relevant state ”.

Amendment to Part 2I573

1

In regulation 7 for “the United Kingdom” substitute “ Northern Ireland ” (three times).

2

In regulation 10—

a

for “Member State” substitute “ relevant state ” (twice);

b

for “EU instrument” in the first place in which it occurs substitute “ NI Protocol obligation ”;

3

In regulation 15—

a

for “Member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

4

In regulation 16(2) for “Member State” substitute “ relevant state ”.

5

In regulation 22—

a

for “Member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

6

In regulations 24, 28 and 31 for “Member State” substitute “ relevant state ”.

7

In regulation 29 for “Member States” substitute “ relevant states ”.

8

In regulation 35 for “the United Kingdom” substitute “ Northern Ireland ”.

9

In regulation 39(1) for “the EU” substitute “ a relevant state ”.

Amendment to Part 4I584

1

In regulation 55—

a

in sub-paragraph (a) for “Member States” substitute “ relevant states ”;

b

in sub-paragraph (b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

for “Member States” substitute “ relevant states ”;

iii

at the end for “certificate.” substitute “ certificate; ”;

c

after sub-paragraph (b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 56 for “Member States” substitute “ relevant states ” (twice).

3

In regulation 61(4) for “Member States” substitute “ relevant states ”.

Amendment to Part 5I595

1

In regulation 69—

a

in paragraph (1)—

i

after “withdraw the product” insert “ from Northern Ireland ”;

ii

after “recall the product” insert “ from Northern Ireland ”;

b

in paragraph (3) for “the United Kingdom” substitute “ Northern Ireland ”.

c

in paragraph (4)—

i

at the beginning insert “ Subject to paragraph (4A), ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “Member States” substitute “ relevant states ”;

d

after paragraph (4) insert—

4A
Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.

e

in paragraph (5)—

i

in sub-paragraph (a) for “the United Kingdom” substitute “ Northern Ireland ”;

ii

in sub-paragraph (b) for “United Kingdom market” substitute “ market in Northern Ireland ”;

f

in paragraph (7) for “Member States” substitute “ relevant states ”.

2

In regulation 70—

a

in paragraph (1) for “Member State” substitute “ relevant state ”;

b

in paragraph (2)—

i

for “Member State” in the first place in which it occurs substitute “ relevant state ”;

ii

for “Member State” in the second place in which it occurs substitute “ relevant states ”;

iii

in sub-paragraph (a) after “authority” insert “ in Northern Ireland ”;

iv

in sub-paragraph (b) for “product; and” substitute “ product. ”

v

omit sub-paragraph (c).

c

in paragraph (3)—

i

for “Member State” substitute “ relevant state ”;

ii

after “are taken” insert “ in Northern Ireland ”;

d

in paragraph (4)—

i

for “Member State” substitute “ relevant state ”;

ii

for “the United Kingdom” substitute “ in Northern Ireland ”;

e

at the end of paragraphs (6) and (7) insert “ in respect of Northern Ireland ”.

Amendment to Part 6I606

In regulation 88(4) for “member States” substitute “ relevant states ”.

Amendment to SchedulesI617

In the following provisions for “Member State” substitute “ relevant state ”

a

in Schedule 1—

i

in Part A, paragraph 2.1 (Watercraft identification);

ii

in Part B, paragraph 4 (Owner's Manual);

b

in Schedule 5, paragraph 3.

SCHEDULE 16Amendment to the Radio Equipment Regulations 2017

Regulation 17

I1051

The Radio Equipment Regulations 2017 are amended in accordance with paragraphs 2 to 8.

Amendment to Part 1I622

1

In regulation 2(1)—

a

in the following definitions for “Member State” substitute “ relevant state ”

i

“accreditation certificate”;

ii

“competent national authority”;

b

in the definition of “importer”—

i

in sub-paragraph (a) for “EU” substitute “ relevant market ”;

ii

in sub-paragraph (b) for “third country on the EU” substitute “ market outside of the relevant market on the relevant ”;

c

after the definition of “national accreditation body” insert—

“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

d

in the following definitions for “EU” substitute “ relevant ”

i

“make available on the market”;

ii

“place on the market”;

e

in the definition of “put into service” for “EU” substitute “ relevant market ”;

f

after the definition of “relevant economic operator” insert—

“relevant market” means—
a
the market in Northern Ireland; and
b
the market of the EEA states;
“relevant state” means—
a
Northern Ireland; or
b
any EEA state;

2

In regulation 2(3)(b) for “Member State” substitute “ relevant state ”;

3

Omit regulation 2(6).

Amendment to Part 2I633

1

In regulation 5 for “the United Kingdom” substitute “ Northern Ireland ” (twice).

2

In regulation 8—

a

in the heading, for “member” substitute “ relevant ”;

b

for “Member State” substitute “ relevant state ” (twice);

c

for “Member States” substitute “ relevant states ”.

3

In regulation 10 for “EU instrument” in the first place in which it occurs substitute “ NI Protocol obligation ”.

4

In regulation 12 for “Member State” substitute “ relevant state ”;

5

In regulation 13—

a

for “Member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

6

In regulation 14(1)—

a

for “Member States” substitute “ relevant states ”;

b

for “Member State” substitute “ relevant state ”.

7

In regulation 15(2), 16(1)(b), 23(2), 27(2) and 29(1) for “Member State” substitute “ relevant state ”.

8

In regulation 19(1) for “EU” substitute “ relevant market ”.

9

In regulation 21(b)—

a

for “Member State” substitute “ relevant state ” (twice);

b

for “Member States” substitute “ relevant states ”.

10

In regulation 24—

a

for “Member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

11

In regulation 31—

a

for “Member State” substitute “ relevant state ” (twice);

b

for “the United Kingdom” substitute “ Northern Ireland ”.

12

In regulation 34(2) for “Member States” substitute “ relevant states ”.

13

In regulation 35 for “Member State” substitute “ relevant state ” (twice).

14

In regulation 37—

a

for “Member State” substitute “ relevant state ”;

b

for “the United Kingdom” substitute “ Northern Ireland ”.

Amendment to Part 3I644

In regulation 45 for “Member State” substitute “ relevant state ”.

Amendment to Part 4I655

1

In regulation 46(1)—

a

in sub-paragraph (a) for “Member States” substitute “ relevant states ”;

b

in sub-paragraph (b)—

i

after “objections” insert “ , other than an immaterial objection, ”;

ii

for “Member States” substitute “ relevant states ”;

iii

at the end for “certificate.” substitute “ certificate; ”;

c

after sub-paragraph (b) insert—

c
in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
i
the conformity assessment body is established in the United Kingdom; or
ii
the accreditation certificate was issued by the United Kingdom Accreditation Service.

2

In regulation 47 for “Member States” substitute “ relevant states ” (twice).

3

In regulation 52(5) for “Member States” substitute “ relevant states ”.

Amendment to Part 5I666

1

In regulation 60—

a

in paragraph (1)—

i

in sub-paragraph (b) after “equipment” insert “ from Northern Ireland ”;

ii

in sub-paragraph (c) after “equipment” insert “ from Northern Ireland ”;

b

in paragraph (3) for “the United Kingdom” substitute “ Northern Ireland ”.

c

in paragraph (4)

i

at the beginning insert “ Subject to paragraph (4A), ”;

ii

for “the United Kingdom” substitute “ Northern Ireland ”;

iii

for “Member States” substitute “ relevant states ”;

d

after paragraph (4) insert—

4A
Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.

e

in paragraph (5)—

i

in sub-paragraph (a) for “the United Kingdom” substitute “ Northern Ireland ”;

ii

in sub-paragraph (b) for “United Kingdom market” substitute “ market in Northern Ireland ”;

f

in paragraph (7) for “Member States” substitute “ relevant states ”.

2

In regulation 61—

a

in paragraph (1) for “Member State” substitute “ relevant state ”;

b

in paragraph (2)—

i

for “Member State” in the first place in which it occurs substitute “ relevant state ”;

ii

for “Member States” substitute “ relevant states ”;

iii

in sub-paragraph (a) after “authority” insert “ in Northern Ireland ”;

iv

in sub-paragraph (b) for “equipment, and” substitute “ equipment. ”

v

omit sub-paragraph (c).

c

in paragraph (3)—

i

for “Member State” substitute “ relevant state ”;

ii

after “are taken” insert “ in Northern Ireland ”;

d

in paragraph (4)—

i

for “Member State” in the first place in which it occurs substitute “ relevant state ”;

ii

for “the United Kingdom market” substitute “ market in Northern Ireland ”;

e

at the end of paragraph (6) insert “ in respect of Northern Ireland ”;

f

omit paragraph (7).

3

In regulation 62—

a

in paragraphs (1)(b) and (c) after “equipment” insert “ from Northern Ireland ”;

b

in paragraph (3) for “Member States” substitute “ relevant states ”.

Amendment to Part 6I677

In regulation 76(4) for “Member States” substitute “ relevant states ”.

Amendment to SchedulesI688

1

In paragraph 8(3) of Schedule 3 for “Member States” substitute “ relevant states ” (three times).

2

In paragraph 1(h)(i) of Schedule 5 for “Member State” substitute “ relevant state ”.

3

In paragraph 10(c) of Schedule 9 for “Member State” substitute “ relevant state ”.

4

In paragraphs 5(8) and 6(13) of Schedule 10 for “the United Kingdom” substitute “ Northern Ireland ”.

SCHEDULE 17Amendment to the Personal Protective Equipment (Enforcement) Regulations 2018

Regulation 18

I691

1

The Personal Protective Equipment (Enforcement) Regulations 2018 are amended as follows.

2

In regulation 6 omit “other” in the third place in which it occurs.

3

After regulation 6 insert—

Information obligations6A
1
Nothing in EU Regulation 2016/425 requires any market surveillance authority or the Secretary of State to inform the Commission or member States of any matter in relation to PPE on the market of Great Britain only.

4

In regulation 12(1)(b) after “market” insert “ in Northern Ireland ”.

5

In regulation 18(2) for “other” insert “ any ”.

SCHEDULE 18Amendment to the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018

Regulation 19

I701

1

The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 are amended as follows.

2

In regulation 6 omit “other” in the third place in which it occurs.

3

After regulation 6 insert—

Information obligations6A
1
Nothing in EU Regulation 2016/426 requires any market surveillance authority or the Secretary of State to inform the Commission or member States of any matter in relation to appliances or fittings on the market of Great Britain only.

4

In regulation 12(1)(b) after “market” insert “ in Northern Ireland ”.

5

In regulation 18(2) for “other” insert “ any ”.

SCHEDULE 19Amendment of the Identification and Traceability of Explosives Regulations (Northern Ireland) 2013

Regulation 20

IntroductionI1061

The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013 are amended in accordance with paragraphs 2 to 6.

Amendment to regulation 2I712

In regulation 2, after the definition of “manufacture” insert—

“relevant state” means—
a
Northern Ireland, or
b
any EEA State;

Amendment to regulation 5I723

In regulation 5—

a

in paragraph (3)—

i

in the opening words for “in a country that is not an EEA State” substitute “ outside of a relevant state ”;

ii

in sub-paragraph (a) for “an EEA State” substitute “ a relevant state ”;

iii

in sub-paragraph (b) for “an EEA State” substitute “ a relevant state ”;

iv

in sub-paragraph (c) omit “either Great Britain or” and “other than the United Kingdom”;

b

in paragraph (4)(b) omit “Great Britain or” and “other than the United Kingdom”;

c

for paragraph (6) substitute—

6
Where this paragraph applies, the manufacturer must apply to the national authority of the EEA State of import of the explosive for that national authority to attribute a code for the site where the explosives are manufactured.

Amendment to regulation 7I734

In regulation 7(2) for “other member” substitute “ EEA ”.

Amendment to Schedule 1I745

in Schedule 1—

a

for paragraph 1(a)(ii)(aa) substitute—

aa
where the place of production or place of import (onto the market of any relevant state) is Northern Ireland, the letters “UK(NI)”;
ab
where the place of production or place of import (onto the market of any relevant state) is an EEA State, two letters identifying the EEA State;

b

in paragraph (2) for “(a)(ii)(aa) and (ii)(bb) and (b)” substitute “ (a)(ii)(aa), (ab), (bb) and (b) ”.

Amendment to Schedule 2I756

In paragraph 9 of Schedule 2—

a

in sub-paragraph (1) for “(a)(ii)(aa) and (ii)(bb) and (b)” substitute “ (a)(ii)(aa), (ab), (bb) and (b) ”;

b

in sub-paragraph (2)(b) after “(a)(ii)(aa)” insert “ , (ab) ”.