SCHEDULE 3Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

23.

(1)

Schedule 34 (cosmetic products) is amended as follows.

(2)

In paragraph 3—

(a)

for paragraph (c)(i) substitute—

“(i)

for “Community market” substitute “ market of Great Britain ”;”;

(b)

sub-paragraph (d), in the substituted point (h) for “ United Kingdom market ” substitute “market of Great Britain”;

(c)

in sub-paragraph (e), for the substituted point (i) substitute—

“(i)

“importer” means a person who—

(aa)

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

(bb)

is established in Northern Ireland and places a cosmetic product 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;”.

(3)

In paragraph 6, before sub-paragraph (a) insert—

“(ia)

at the beginning of paragraph 1 insert “ Subject to Article 5A ”;”.

(4)

After paragraph 6 insert—

“Insertion of Article 5A6.

After Article 5 insert—

“Article 5A

Obligations of responsible persons established in Northern Ireland1.

Where paragraph 3 applies, a responsible person is to be treated as complying with Articles 3, 8, 10 to 12, 14 to 18, 19(1), (2) and (5) and 20 to 24.

2.

Where paragraph 4 applies, a responsible person is to be treated as complying with Articles 8, 10 to 12, 14 to 18, 19(1), (2) and (5) and 20 to 24.

3.

This paragraph applies where—

(a)

the responsible person—

(i)

is established in Northern Ireland;

(ii)

is a responsible person for the purposes of EU Regulation (Northern Ireland);

(iii)

has complied with the obligations of a responsible person under Article 5 of EU Regulation (Northern Ireland); and

(iv)

when submitting information under Article 13 the responsible person at the same time gives notice to the Secretary of State confirming the matters in points (i) to (iii); and

(b)

the cosmetic product is qualifying Northern Ireland goods.

4.

This paragraph applies where—

(a)

the responsible person is a person—

(i)

to which Article 2(i)(bb) applies; and

(ii)

who gives notice to the Secretary of State when submitting information under Article 13 that a responsible person for the purposes of EU Regulation (Northern Ireland) has complied with the obligations of a responsible person under Article 5 of EU Regulation (Northern Ireland); and

(b)

the cosmetic product is qualifying Northern Ireland goods.

5.

In this Article—

“EU Regulation (Northern Ireland)” means Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30th December 2008 on cosmetic products (recast), as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.

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