“importer” means a person who—

a

is established in the United Kingdom and places a vessel from a country outside of the United Kingdom on the market; or

b

is established in Northern Ireland and places a vessel on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

4

For paragraph (1)(b) substitute—

b

affix the information set out in paragraph (1B) to—

i

the vessel;

ii

its data plate; or

iii

where paragraph (1A) applies—

aa

to a label affixed to the vessel; or

bb

in a document accompanying the vessel;

4A

After paragraph (1) insert—

1A

This paragraph applies to a vessel that is placed on the market within a period of 24 months beginning with IP completion day.

1B

The information referred to in paragraph (1)(b) is—

a

the UK marking;

b

the last two digits of the year in which the UK marking is affixed;

c

the inscriptions.

13

In regulation 18 for paragraph (c) substitute—

c

the UK marking and the inscriptions have been affixed in accordance with regulation 6(1)(b) to (d);

Expiry of regulations 38A and 38B38C

1

Subject to paragraph (2), regulation 38A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

2

Notwithstanding the expiry of regulation 38A—

a

any vessel which was placed on the market pursuant to regulation 38A may continue to be made available on the market after the expiry of regulation 38A;

b

any obligation to which a person was subject under regulation 38A in respect of a vessel placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that vessel.

3

Subject to paragraph (4), regulation 38B ceases to have effect at the end of the period of 12 months beginning with IP completion day.

4

Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a vessel prior to the expiry of regulation 38B, regulation 38B continues to apply in respect of that vessel where—

a

the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;

b

the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and

c

the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.

5

In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in point 1 of Annex II of the Directive.

Qualifying Northern Ireland Goods38D

1

Where paragraph (2) applies, a vessel is to be treated as being in conformity with Part 2.

2

This paragraph applies where—

a

a vessel—

i

is in conformity with Part 2, as that Part applies in Northern Ireland; and

ii

is qualifying Northern Ireland goods; and

b

an importer has complied with the obligations set out in paragraph (3).

3

The obligations referred to in paragraph (2)(b) are that, before placing the vessel on the market, the importer—

a

complies with regulation 21;

b

ensures that—

i

the relevant conformity assessment procedure has been carried out in relation to the vessel, in accordance with Part 3, as that Part applies in Northern Ireland;

ii

the manufacturer has drawn up the technical documentation; and

iii

the vessel bears the CE marking.

4

In this regulation—

• “CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

• “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

• “technical documentation” means the documentation referred to in paragraph 2(2)(c) of Part 1 of Schedule 2 to these Regulations, as that Schedule applies in Northern Ireland. 

a

for paragraph (1) substitute—

1

The UK marking must be followed by the identification number of the approved body involved in the relevant conformity assessment procedure pursuant to regulation 41.