SCHEDULE 2Amendment to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
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 201822 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”.