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Regulation 3
1.—(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(1) applies;”;
(ii)after the definition of “open air” insert—
““relevant market means—
the market of Northern Ireland; and
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”.
2018 c. 16. Section 7A was inserted by section 5 of the European Union (Withdrawal Agreement) Act 2020 (c.1).
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