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

Regulation 8

SCHEDULE 7 Amendment to the Pyrotechnic Articles (Safety) Regulations 2015

1.  The Pyrotechnic Articles (Safety) Regulations 2015 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”;

(iii) “registration number”;

(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) in the following definitions for “EU” substitute “relevant”—

(i) “make available on the market”;

(ii) “place on the market”;

(d) 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;”.

(2) In regulation 2(3) for “member State” substitute “relevant state”.

(3) In regulation 3(2(h)(i) for “the United Kingdom” substitute “Northern Ireland”.

Amendment to Part 2

3.—(1) In regulations 11 (three times), 17(2), 18(1), 22(2), 25(1)(a)(iii) and 36(1) for “member State” substitute “relevant state”.

(2) In regulation 27(2) for “member States” substitute “relevant states”

(3) In regulations 11(5), 18(2) and 36(2) for “the United Kingdom” substitute “Northern Ireland”.

Amendment to Part 4

4.—(1) In regulation 43(1)—

(a) for “member States” substitute “relevant states” (twice);

(b) in sub-paragraph (b)—

(i) after “objections” insert “, other than an immaterial objection,”;

(ii) for “used.” substitute “used;”;

(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 44 for “member States” substitute “relevant states” (twice).

(3) In regulation 49(4) for “member States” substitute “relevant states”.

Amendment to Part 5

5.—(1) In regulation 57—

(a) in paragraphs (3), (4) and (5)(a) for “the United Kingdom” substitute “Northern Ireland”;

(b) in paragraph (4)—

(i) at the beginning insert “Subject to paragraph (4A),”;

(ii) for “member States” substitute “relevant states”;

(c) 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.”;

(d) in paragraph (5)(b) for “United Kingdom market” substitute “market in Northern Ireland”;

(e) in paragraph (7) for “member States” substitute “relevant states”.

(2) In regulation 58—

(a) in paragraph (1) for “member State” substitute “relevant state”;

(b) in paragraph (2)—

(i) for “member State” substitute “relevant state”;

(ii) for “member States” substitute “relevant states”;

(iii) in sub-paragraph (b) for “article; and” substitute “article.”

(iv) 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 “United Kingdom market” substitute “market in Northern Ireland”;

(e) at the end of paragraphs (6) and (7) insert “in respect of Northern Ireland”.

(3) In regulation 59—

(a) in paragraph (3)—

(i) at the beginning insert “Subject to paragraph (3A),”;

(ii) for “member States” substitute “relevant states”;

(b) after paragraph (3) insert—

“(3A) Paragraph (3) only applies to measures taken in Northern Ireland.”.

Amendment to Part 6

6.—(1) In regulation 73(2) for “member States” substitute “relevant states”.

(2) In regulation 74(5) for “member State” substitute “relevant state”.

Amendment to Schedules

7.—(1) In paragraph 5(2) of Schedule 4, for “member State” substitute “relevant state”.

(2) In paragraphs 2(8) and 3(13) of Schedule 9 for “the United Kingdom” substitute “Northern Ireland”.