“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;

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.

Expiry of regulations 32A and 32B32C

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).

Qualifying Northern Ireland Goods32D

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.

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; ”