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

Regulation 16

SCHEDULE 15 Amendment to the Recreational Craft Regulations 2017

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

Amendment to Part 1

2.—(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 2

3.—(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 4

4.—(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 5

5.—(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 6

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

Amendment to Schedules

7.  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.