SCHEDULE 3 Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019
18 (1) Schedule 26 (non-automatic weighing instruments) is amended as follows.
(2) In paragraph 2(2)(l) for the substituted definition of “ importer ” substitute—

““importer” means a person who—
(a) is established in the United Kingdom and places a non-automatic weighing instrument from a country outside of the United Kingdom on the market; or
(b) is established in Northern Ireland and places a non-automatic weighing instrument 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;”

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(3) For paragraph 6 substitute—

“6 In regulation 6 (manufacturer's responsibilities - design, conformity assessment and marking of regulated non-automatic weighing instruments)—
(a) the existing provision is renumbered paragraph (1);
(b) in paragraph (1)(d) (as so renumbered) for “an EU” substitute “ a ”;
(c) in paragraph (1)(e) (as so renumbered)—
(i) after “instrument” insert “ or where paragraph (2) applies, in respect of the UK marking, to a label affixed to a product or to a document accompanying the product ”;
(ii) for “CE” substitute “ UK ”;
(d) after the renumbered paragraph (1) insert—

“2 For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—
(a) a label affixed to the instrument; or
(b) to a document accompanying the instrument.”

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(4) In paragraph 19, in the inserted text, after the inserted regulation 32B, insert—

“32C Expiry of regulations 32A and 32B
1 Subject to paragraph (2), regulation 32A ceases to have effect at the end of the period of 12 months beginning with IP completion day.
2 Notwithstanding the expiry of regulation 32A—
(a) any non-automatic weighing instrument which was placed on the market pursuant to regulation 32A may continue to be made available on the market on or after the expiry of regulation 32A;
(b) any obligation to which a person was subject under regulation 32A in respect of any non-automatic weighing instrument placed on the market pursuant to regulation 32A continues to have effect after the expiry of regulation 32A, in respect of that instrument.
3 Subject to paragraph (4), regulation 32B 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 32B in relation to a non-automatic weighing instrument prior to the expiry of regulation 32B, regulation 32B continues to apply in respect of that instrument 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” has the meaning given to it in regulation 32B(1)(b).

32D Qualifying Northern Ireland Goods
1 Where paragraph (2) applies—
(a) a non-automatic weighing instrument is to be treated as being in conformity with the essential requirements; and
(b) each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Part 2.
2 This paragraph applies where—
(a) a non-automatic weighing instrument is—
(i) in conformity with the essential requirements, within the meaning of that term in regulation 2, as it applies in Northern Ireland; and
(ii) qualifying Northern Ireland goods;
(b) each relevant economic operator has complied or is complying with the obligations imposed on them under Part 2, as that Part applies in Northern Ireland; and
(c) an importer has complied with the obligations set out in paragraph (3).
3 The obligations referred to in paragraph (2)(c) are that, before placing the non-automatic weighing instrument on the market, the importer—
(a) complies with regulation 18;
(b) ensures that—
(i) the relevant conformity assessment procedure has been carried out in accordance with Part 3, as that Part applies in Northern Ireland;
(ii) the manufacturer has drawn up the technical documentation; and
(iii) the non-automatic weighing instrument 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” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.”

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(5) In paragraph 31, after paragraph (a) insert—

“(ab) in paragraph (2) for “or its data plate” substitute “ , its data plate, or where regulation 6(2) applies in respect of the UK marking, to a label affixed to the regulated non-automatic weighing instrument, or to a document accompanying the regulated non-automatic weighing instrument; ””

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Sch. 3 para. 18 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)