The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 No. 1112

Regulation 6

SCHEDULE 5 N.I. Amendment to the Toys (Safety) Regulations 2011

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

Commencement Information

I1 Sch. 5 para. 1 in force at 31.12.2020, see reg. 1(b)

Amendment to Part 1 N.I.

2.—(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 ”.

Commencement Information

I2 Sch. 5 para. 2 in force at 31.12.2020, see reg. 1(b)

Amendment to Part 2 N.I.

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

(2) In regulation 25 for “EU” substitute “ relevant market ”.

Commencement Information

I3 Sch. 5 para. 3 in force at 31.12.2020, see reg. 1(b)

Amendment to Part 3 N.I.

4.  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.”.

Commencement Information

I4 Sch. 5 para. 4 in force at 31.12.2020, see reg. 1(b)

Amendment to Part 4 N.I.

5.  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, ”.

Commencement Information

I5 Sch. 5 para. 5 in force at 31.12.2020, see reg. 1(b)

Amendment to Part 5 N.I.

6.—(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”.

Commencement Information

I6 Sch. 5 para. 6 in force at 31.12.2020, see reg. 1(b)

Amendment to Part 6 N.I.

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

Commencement Information

I7 Sch. 5 para. 7 in force at 31.12.2020, see reg. 1(b)