The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

5.—(1) Schedule 8 (noise emissions) is amended as follows.

(2) For paragraph 2(b)(v) substitute—

“(v) in the definition of “responsible person”—

(aa) for “European Union” in the first two places in which it occurs substitute “United Kingdom”;

(bb) for “the European Union” in sub-paragraph (c) in the second place in which it occurs substitute “Great Britain”;”.

(3) After paragraph 3(b) insert—

“(ba) before paragraph (3) insert—

“(2A) Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to—

(a) a label affixed to the equipment; or

(b) a document accompanying the equipment.

(2B) This paragraph applies to equipment that is placed on the market within a period of 24 months beginning with IP completion day.””.

(4) In paragraph 4—

(a) for sub-paragraph (a) substitute—

“(a) in sub-paragraph (i) for “the European Union” substitute “Great Britain”;”;

(b) after sub-paragraph (a) insert—

“(aa) for sub-paragraph (ii) substitute—

“(ii) is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;””.

(5) In paragraph 5—

(a) in sub-paragraph (b) omit “and”;

(b) after sub-paragraph (b) insert—

“(ba) at the end of paragraph (2) insert “or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment”;”.

(6) In paragraph 7—

(a) in paragraph (2) of the inserted regulation 12A for “the United Kingdom” substitute “Great Britain”;

(b) in the inserted text, after the inserted regulation 12A, insert—

“Expiry of regulation 12A

12B.— (1) Subject to paragraph (2), regulation 12A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 12A—

(a) any equipment which was placed on the market or put into service pursuant to regulation 12A may continue to be made available on the market on or after the expiry of regulation 12A;

(b) any obligation to which a person was subject under regulation 12A(2) in respect of equipment placed on the market or put into service pursuant to regulation 12A continues to have effect after the expiry of regulation 12A, in respect of that equipment.

Qualifying Northern Ireland Goods

12C.— (1) Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied.

(2) This paragraph applies where equipment is—

(a) qualifying Northern Ireland goods; and

(b) meets the requirements of regulation 16, as it applies in Northern Ireland.

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