PART 3Enforcement of public health, marketing and organic product standards in Northern Ireland

Interpretation 8

1

In this Part—

  • “the Standards Regulations” means the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 202311;

  • “consignment” and “retail goods” have the meaning given in the Standards Regulations;

  • the “Retail Movement Scheme” means the scheme established by the Windsor Framework (Retail Movement Scheme) Regulations 202312.

2

In this Part—

a

a “listed instrument” means an EU instrument listed in Column 1 of the table in Schedule 1, Schedule 2 or Schedule 3 to the Standards Regulations;

b

a “corresponding GB instrument”, in relation to a listed instrument, means an instrument or part of an instrument listed in column 2 of the entry in that table for the listed instrument, with—

i

any modifications specified in column 3 of that entry; and

ii

any further necessary modifications which apply to the corresponding GB instrument by virtue of regulation 4, 5 or 6 of the Standards Regulations;

c

a “relevant Northern Ireland enforcement instrument” means an instrument listed in the Schedule to these Regulations.

Enforcement of public health, marketing and organic product standards in Northern Ireland 9

1

Paragraph (2) applies in relation to a consignment of retail goods entering into Northern Ireland from another part of the United Kingdom in accordance with the Retail Movement Scheme where—

a

the Standards Regulations apply in relation to the consignment;

b

a listed instrument would, but for Article 1(2) and Annex I to the SPS Regulation, apply in relation to the consignment; and

c

if that listed instrument applied, a provision of a relevant Northern Ireland enforcement instrument would apply in relation to the enforcement of a standard, requirement or prohibition in the listed instrument.

2

Where this paragraph applies, the relevant Northern Ireland enforcement instrument applies in relation to the enforcement of any standard, requirement or prohibition in a corresponding GB instrument which, by virtue of the Standards Regulations, is treated as applying in relation to the consignment.

3

Where a relevant Northern Ireland enforcement instrument applies by virtue of paragraph (2), it applies with any necessary modifications.