SCHEDULE 13Amendment to the Non-automatic Weighing Instruments 2016

Regulation 14

I81

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

Amendment to Part 1I12

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;

F1h

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2

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

Amendment to Part 2I23

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 3I34

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 5I45

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 8I56

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 10I67

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

Amendment to SchedulesI78

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 ”.