uksi/2020/1460 — The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

2020 No. 1460 Exiting The European Union Consumer Protection Electromagnetic Compatibility Environmental Protection Health And Safety Market Standards Accreditation Of Services Telecommunications Weights And Measures The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 Made 8th December 2020 Coming into force in accordance with regulation 1 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8(1) and 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 . In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament. PART 1 Introductory Provisions Citation and commencement 1 1 These Regulations may be cited as the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. 2 Except as provided in paragraphs (3) to (5), these Regulations come into force on IP completion day. 3 This Part and Part 6 come into force immediately before the coming into force of regulation 2(1) of the Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 . 4 Part 4 comes into force immediately before IP completion day. 5 Part 5 comes into force immediately before the coming into force of regulation 10 of the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 . Extent 2 1 This Part and Part 2 extend to England and Wales, Scotland and Northern Ireland. 2 Part 3 extends to Northern Ireland only. 3 Any amendment or revocation made by Parts 4, 5 and 6 has the same extent as the provision amended or revoked. 4 Part 7 extends to England and Wales and Scotland only. PART 2 Form of the UK(NI) indication Form of the UK(NI) indication 3 Schedule 1 sets out the form of the UK(NI) indication. PART 3 Amendments to legislation in respect of Northern Ireland Amendments to legislation in respect of Northern Ireland 4 Schedule 2 contains amendments to legislation relating to Northern Ireland in respect of the UK(NI) indication and related matters. PART 4 Amendments to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 5 Schedule 3 contains amendments to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 . PART 5 Amendment to the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 6 Omit regulation 10(a) and (b) of the Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019. PART 6 Amendment to the Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 7 Schedule 4 makes amendment to the Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020. PART 7 Amendment to retained EU law in respect of authorised representatives 8 Schedule 5 makes amendments to legislation in respect of authorised representatives. Paul Scully Parliamentary Under Secretary of State Department for Business, Energy and Industrial Strategy SCHEDULE 1 UK(NI) indication Regulation 3 1 The UK(NI) indication consists of the initials UKNI taking the following form— 2 Where the UK(NI) indication is reduced or enlarged, the proportions given in the graduated drawing in paragraph 1 must be respected. 3 Where a relevant enactment does not require specific dimensions, the UK(NI) indication must be at least 5 millimetres high. 4 In this Schedule “ relevant enactment ” means any enactment which provides for the UK(NI) indication to be affixed to or in relation to a product. SCHEDULE 2 Amendments to legislation in respect of Northern Ireland Regulation 4 1 1 The Measuring Container Bottles (EEC Requirements) Regulations 1977 are amended as follows. 2 In the Schedule (adaptation for Northern Ireland)— a after paragraph 1(b) insert— c after the definition of “production control records” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 . . 1A After regulation 5(2) insert— 3 Where the Secretary of State has approved a submitted mark pursuant to regulation 6, the manufacturer's mark must be accompanied by the UK(NI) indication. . ; b in paragraphs 2 and 4 for “Department of Commerce” substitute “ Department for the Economy ” ; c after paragraph 3 insert— 3A After regulation 9 insert— UK(NI) indication 9A Where an inspector finds that a person is in possession in the course of business of any individual measuring container bottle which— a is marked with a manufacturer's mark which has been approved by the Secretary of State; and b is not accompanied by the UK(NI) indication an inspector must give directions to that person that the bottle may not be sold or supplied with the EEC sign. 3B In regulation 10(4), for “Regulation 9” substitute “ Regulation 9 or Regulation 9A ” . . 2 1 The Noise Emissions in the Environment by Equipment for Use Outdoors Regulations 2001 are amended as follows. 2 In regulation 2(2) after the definition of “sound power level LWA” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. . 3 For regulation 7(2)(c) substitute— c in accordance with regulation 11, it bears the— i CE marking, accompanied, where regulation 11(2A) applies, by the UK(NI) indication; ii indication of the guaranteed sound power level; . 4 After regulation 11(2) insert— 2A Where a notified body established in the United Kingdom appointed pursuant to regulation 14 has carried out one or more of the conformity assessment procedures mentioned or referred to in regulation 10, the CE marking must be accompanied by the UK(NI) indication affixed in accordance with paragraph (2B). 2B The UK(NI) indication must be affixed— a in a visible, legible and indelible form to each item of equipment; and b before the equipment is placed on the market in Northern Ireland. . 5 In regulation 17— a in paragraph (2), after “complied with” insert “ , or the UK(NI) indication has not been affixed in contravention of regulation 11(2A) or has been affixed otherwise than in conformity with regulation 11(2B) ” ; b in paragraph (3)(a), (c)(i) and (c)(ii) after “level” insert “ , or the UK(NI) indication ” . 6 In regulation 19— a at the beginning of paragraph (1) insert “ Subject to paragraph (1A), ” ; b after paragraph (1) insert— 1A Where a person fails to comply with a requirement in respect of the UK(NI) indication, a person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 3 1 The Supply of Machinery (Safety) Regulations 2008 are amended as follows. 2 In regulation 2(2) after the definition of “safety component” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 After regulation 7(2) insert— 2A Where a UK notified body carries out the functions of notified bodies specified in Annexes IX and X the CE marking must be accompanied by the UK(NI) indication affixed in accordance with paragraph (2B). 2B The UK(NI) indication must be affixed— a in a visible, legible and indelible form to the machinery; and b before the machinery is placed on the market in Northern Ireland. 2C Where paragraph (2A) applies, the reference to the identification number of the notified body in Schedule 2, Part 3 Annex III, is a reference to the identification number assigned to the UK notified body by the Secretary of State pursuant to regulation 19A. . 4 After regulation 19 insert— Register of UK notified bodies 19A 1 The Secretary of State must ensure that— a each UK notified body is assigned an identification number; and b there is a register of— i UK notified bodies; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 5 In regulation 21(1)(b)— a in paragraph (iii) omit “or”; b after paragraph (iii) insert— iiia the UK(NI) indication does not accompany the CE marking in contravention of regulation 7(2A); or iiib the UK(NI) indication is affixed other than in accordance with regulation 7(2B); or c in paragraph (iv) after “CE marking” insert “ or the UK(NI) indication ” . 6 In regulation 22(3)(a) for “or (f)” substitute “ , (f), (2A) or (2B) ” . 4 1 The Aerosol Dispensers Regulations 2009 are amended as follows. 2 In regulation 2(1) after the definition of “relevant aerosol dispenser” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. . 3 After regulation 3(7)(iii) insert— 7A Where paragraph (7)(c) is satisfied by a test method specified in point 6.1.4.1(b) or 6.1.4.1(c) which has been approved in writing by the Secretary of State for the purposes of these Regulations, the person responsible for the marketing of the aerosol dispenser has marked the aerosol dispenser with a UK(NI) indication. . 4 In regulation 6— a in paragraph (1) after “and (c)” insert “ and regulation 3(7A) ” ; b for paragraph (2) substitute— 2 Regulation 3(8)(b) and 3(7A), which are not made under that Act, are to be treated as if they were safety regulations made under section 11 of that Act. ; c after paragraph (3) insert— 3A Notwithstanding section 12(5) of the Consumer Protection Act 1987 any person guilty of an offence under that section of contravening the prohibition in regulation 5(a) by reason only of a failure to comply with regulation 3(7A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 5 1 The Toys (Safety) Regulations 2011 are amended as follows. 2 In regulation 3, after the definition of “toy” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 After regulation 15 insert— UK(NI) indication 15A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a UK notified body, a UK(NI) indication must be affixed in relation to the toy, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before a toy is placed on the market in Northern Ireland. 3 The UK(NI) indication must be affixed wherever the CE marking is affixed, in accordance with regulation 18. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative who has been appointed by the manufacturer in accordance with regulation 25(1) to affix the UK(NI) indication on the manufacturer's behalf. 5 When placing a toy on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of UK notified bodies 15B 1 The Secretary of State must ensure that— a each UK notified body is assigned an identification number; and b there is a register of— i UK notified bodies; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 39(2) insert— 2A Paragraph (2) does not apply to the UK(NI) indication. . 5 After regulation 52(1)(b) insert— ba a UK(NI) indication— i has not been affixed, in contravention of regulation 15A(1); or ii has been affixed but any provision of regulation 15A has not been complied with or has been contravened. . 6 After regulation 55 insert— Offence in respect of UK(NI) indication 55A 1 Regulation 15A is to be treated as if it were a safety regulation made under section 11 of the Consumer Protection Act 1987. 2 Notwithstanding section 12(5) of the Consumer Protection Act 1987, any person guilty of an offence under that section of contravening regulation 15A is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 6 1 The Pyrotechnic Articles (Safety) Regulations 2015 are amended as follows. 2 In regulation 2(1) after the definition of “theatrical pyrotechnic article” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 42 insert— UK(NI) indication 42A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the pyrotechnic article, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before a pyrotechnic article is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking wherever that is affixed, in accordance with regulation 42(1) or (2). 4 The UK(NI) indication must be affixed by the manufacturer. 5 When placing a pyrotechnic article on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of UK notified bodies 42B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 60(1)(a) insert— aa the UK(NI) indication— i has not been affixed, in contravention of regulation 42A; or ii has been affixed other than in accordance with regulation 42A; . 5 In regulation 63— a at the beginning of paragraph (2) insert “ Except as provided in paragraph (3), ” ; b after paragraph (2) insert— 3 A person guilty of an offence under regulation 62(5) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 7 1 The Electromagnetic Compatibility Regulations 2016 are amended as follows. 2 In regulation 2(1) after the definition of “technical specification” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 42 insert— UK(NI) indication 42A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the apparatus, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before apparatus is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 42. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing apparatus on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of UK notified bodies 42B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 59(1)(a) insert— aa the UK(NI) indication— i has not been affixed, in contravention of regulation 42A; or ii has been affixed other than in accordance with regulation 42A; . 5 In regulation 62— a in paragraph (1) after “(2)” insert “ and (3) ” ; b after paragraph (2) insert— 3 A person guilty of an offence under regulation 61(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 8 1 The Simple Pressure Vessels (Safety) Regulations 2016 are amended as follows. 2 In regulation 2(4), after the definition of “technical specification” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 44 insert— UK(NI) indication 44A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the vessel, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before a vessel is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 6. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing a vessel on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 44B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 62(1)(a)(v) insert— vi the UK(NI) indication— aa has not been affixed, in contravention of regulation 44A; or bb has been affixed other than in accordance with regulation 44A; . 5 In regulation 65— a in paragraphs (1) and (2) for “of regulation 8 or regulation 26” substitute “ to which paragraph (1A) applies ” ; b after paragraph (1) insert— 1A This paragraph applies to an offence arising from a contravention or failure to comply with a requirement of— a regulation 8; b regulation 26; or c a withdrawal or recall notice arising from a failure to affix the UK(NI) indication or a failure to affix the UK(NI) indication other than in accordance with regulation 44A. . 9 1 The Lifts Regulations 2016 are amended as follows. 2 In regulation 2(1) after the definition of “technical specification” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 50 insert— UK(NI) indication 50A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the lift or safety component, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before a lift or safety component is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 50. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing a lift or safety component on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 50B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 68(1)(a) insert— aa the UK(NI) indication— i has not been affixed, in contravention of regulation 50A; or ii has been affixed other than in accordance with regulation 50A; . 5 In regulation 71— a in paragraph (1) after “(2)” insert “ and (3) ” ; b after paragraph (2) insert— 3 A person guilty of an offence under regulation 70(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 10 1 The Pressure Equipment (Safety) Regulations 2016 are amended as follows. 2 In regulation 2(1) after the definition of “technical specification” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 49 insert— UK(NI) indication 49A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the pressure equipment or assembly, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before pressure equipment or an assembly is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 49. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing pressure equipment or an assembly on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 49B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 74(1)(a) insert— aa the UK(NI) indication— i has not been affixed, in contravention of regulation 49A; or ii has been affixed other than in accordance with regulation 49A; . 5 In regulation 77— a in paragraph (1) for the words beginning with “arising” and ending with “regulation 28” substitute “ referred to in paragraphs (2) or (3) ” ; b after paragraph (2) insert— 3 A person guilty of an offence under regulation 76(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 11 1 The Non-Automatic Weighing Instruments Regulations 2016 are amended as follows. 2 In regulation 2(1) after the definition of “technical specification” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 45 insert— UK(NI) indication 45A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the regulated non-automatic weighing instrument, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before the regulated non-automatic weighing instrument is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 45. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing a regulated non-automatic weighing instrument on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 45B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 63(1)(c) insert— ca the UK(NI) indication— i has not been affixed, in contravention of regulation 45A; or ii has been affixed other than in accordance with regulation 45A; . 5 After regulation 71(5)(c) insert— ca the UK(NI) indication; . 12 1 The Measuring Instruments Regulations 2016 are amended as follows. 2 In regulation 2(1) after the definition of “thermal energy meter” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 4, after regulation 52 insert— UK(NI) indication 52A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the regulated measuring instrument, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before the regulated measuring instrument is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 52. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing a regulated measuring instrument on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 52B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 68(1)(c) insert— ca the UK(NI) indication— i has not been affixed, in contravention of regulation 52A; or ii has been affixed other than in accordance with regulation 52A; . 5 After regulation 75(5)(c) insert— ca the UK(NI) indication; . 13 1 The Recreational Craft Regulations 2017 are amended as follows. 2 In regulation 2(1) after the definition of “technical documentation” insert— “ technical specification ” means a document that prescribes the technical requirements to be fulfilled by a product; “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK (NI) Indication) (EU Exit) Regulations 2020; . 3 In Part 3, after regulation 54 insert— UK(NI) indication 54A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the product, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before a product is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 54. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 54B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 4 After regulation 71(1)(a) insert— aa the UK(NI) indication— i has not been affixed, in contravention of regulation 54A; or ii has been affixed other than in accordance with regulation 54A; . 5 At the beginning of regulation 74 insert “ Subject to regulation 74A, ” . 6 After regulation 74 insert— Penalty in relation to the UK(NI) indication 74A A person guilty of an offence under regulation 73(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 14 1 The Radio Equipment Regulations 2017 are amended as follows. 2 In regulation 2(1) after the definition of “technical specification” insert— “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020; . 3 In regulation 14— a in paragraph (2)(b) before “(3)” insert “ (2A) or ” ; b after paragraph (2) insert— 2A The identification of the United Kingdom in respect of Northern Ireland must be indicated by the abbreviation “UK(NI)”. . 4 After regulation 44 insert— UK(NI) indication 44A 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the radio equipment, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before the radio equipment is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 44. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing radio equipment on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. Register of notified bodies established in the United Kingdom 44B 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). . 5 After regulation 63(1)(a) insert— aa where a notified body established in the United Kingdom has been involved in a conformity assessment procedure pursuant to regulation 41— i the UK(NI) indication has not been affixed; or ii the UK(NI) indication has been affixed other than in accordance with regulation 44A; . 6 In regulation 66— a in paragraph (1) for “paragraph (2)” substitute “ paragraphs (2) and (3) ” ; b after paragraph (2) insert— 3 A person guilty of an offence under regulation 65(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 15 1 The Personal Protective Equipment (Enforcement) Regulations are amended as follows. 2 After Part 3 insert— PART 4 Provisions in respect of the UK(NI) indication Interpretation 20 In this Part “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. UK(NI) indication 21 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the PPE, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before PPE is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with Article 17. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 When placing PPE on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. United Kingdom notified bodies 22 1 The reference in Article 28(5) to “ objections ” does not include objections on the grounds that— a the conformity assessment body is established in the United Kingdom; or b the accreditation certificate was issued by the United Kingdom's national accreditation body. 2 Where a notified body established in the United Kingdom is involved in a conformity assessment procedure pursuant to Article 19, the notified body identification number referred to in Article 17(3) is the notified body identification number assigned to the notified body pursuant to regulation 23. Register of notified bodies established in the United Kingdom 23 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). Offence in relation to the UK(NI) indication 24 1 Where an enforcement authority finds that the UK(NI) indication— a has not been affixed, in contravention of regulation 21; or b has been affixed otherwise in accordance with regulation 21 it must require a manufacturer to put an end to the non-compliance within such reasonable period as the authority specifies. 2 Until the specified period has elapsed, the enforcement authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the manufacturer in respect of the non-compliance referred to in paragraph (1). 3 Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcement authority must take appropriate measures to— a restrict or prohibit the PPE being available on the market; b ensure that the PPE is withdrawn; c ensure that the PPE is recalled. 4 It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice that relates to the UK(NI) indication served on that person under these Regulations. 5 A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 6 This regulation does not apply where PPE presents a risk. . 16 1 The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 are amended as follows. 2 After Part 3 insert— PART 4 Provisions in respect of the UK(NI) indication Interpretation 21 In this Part “ UK(NI) indication ” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. UK(NI) indication 22 1 Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the appliance or fitting, in accordance with this regulation. 2 The UK(NI) indication must be affixed— a visibly, legibly and indelibly; and b before the appliance or fitting is placed on the market in Northern Ireland. 3 The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with Article 17. 4 The UK(NI) indication must be affixed by— a the manufacturer; or b the manufacturer's authorised representative. 5 Before placing an appliance or fitting on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation. United Kingdom notified bodies 23 1 The reference in Article 27(5) to “ objections ” does not include objections on the grounds that— a the conformity assessment body is established in the United Kingdom; or b the accreditation certificate was issued by the United Kingdom's national accreditation body. 2 Where a notified body established in the United Kingdom is involved in a conformity assessment procedure pursuant to Article 14, the notified body identification number referred to in Article 17(3) is the notified body identification number assigned to the notified body pursuant to regulation 24. Register of notified bodies established in the United Kingdom 24 1 The Secretary of State must ensure that— a each notified body established in the United Kingdom is assigned an identification number; and b there is a register of— i notified bodies established in the United Kingdom; ii their notified body identification number; iii the activities for which they have been notified; iv any restrictions on those activities. 2 The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. 3 The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).”. Offence in relation to the UK(NI) indication 25 1 Where an enforcement authority finds that the UK(NI) indication— a has not been affixed, in contravention of regulation 22; or b has been affixed otherwise in accordance with regulation 22 it must require a manufacturer to put an end to the non-compliance within such reasonable period as the authority specifies. 2 Until the specified period has elapsed, the enforcement authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the manufacturer in respect of the non-compliance referred to in paragraph (1). 3 Where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcement authority must take appropriate measures to— a restrict or prohibit the appliance or fitting being available on the market; b ensure that the appliance or fitting is withdrawn; c ensure that the appliance or fitting is recalled. 4 It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice that relates to the UK(NI) indication served on that person under these Regulations. 5 A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 6 This regulation does not apply where an appliance or fitting presents a risk. . SCHEDULE 3 Amendment to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 Regulation 5 1 The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 are amended in accordance with paragraphs 2 to 26. 2 1 In each of the following provisions for “18 months” substitute “ 24 months ” a in Schedule 11 (packaged goods), in paragraph 3(b), in the inserted paragraph (7)(a); b in Schedule 12 (supply of machinery), in paragraph 22, in the inserted regulation 31(2)(b); c in Schedule 15 (toys), in paragraph 23, in the substituted paragraph (2)(a)(iii); d in Schedule 19 (pyrotechnic articles), in paragraph 12(b), in the substituted paragraph (3)(a)(ii); e in Schedule 20 (electromagnetic compatibility), in paragraph 14(b), in the inserted paragraph (1A)(a)(ii); f in Schedule 21 (simple pressure vessels), in paragraph 15(b), in the inserted paragraph (1A)(a)(ii); g in Schedule 22 (lifts), in paragraph 18(b), in the substituted paragraph (3)(a)(ii); h in Schedule 23 (electrical equipment), in paragraph 11(b), in the substituted paragraph (3)(a)(ii); i in Schedule 25 (equipment etc. for use in potentially explosive atmospheres), in paragraph 14(b), in the substituted paragraph (3)(a)(ii); j in Schedule 26 (non-automatic weighing instruments), in paragraph 15(a), in the substituted paragraph (2)(a)(ii); k in Schedule 27 (measuring instruments), in paragraph 14(a), in the substituted paragraph (2)(a)(ii); l in Schedule 28 (recreational craft), in paragraph 12, in the substituted paragraph 2(a)(ii); m in Schedule 29 (radio equipment), in paragraph 19(b), in the substituted paragraph 3(a)(ii); n in Schedule 35 (personal protective equipment), in paragraph 3(10)(b)(iii), in subparagraph (a)(ii) of the inserted unnumbered paragraph; o in Schedule 36 (gas appliances), in paragraph 2(10)(b)(ii), in subparagraph (a)(ii) of the inserted unnumbered paragraph. 2 In each of the following provisions, for “eighteen” substitute “ 24 ” a in Schedule 16 (explosives), in paragraph 14(a), in the inserted paragraph (1A); b in Schedule 24 (pressure equipment), in paragraph 15(b), in the substituted paragraph (3)(a)(ii). 3 Omit the following provisions— a paragraph 2(3)(b) of Schedule 12 (supply of machinery); b paragraph 4(c) of Schedule 15 (toys); c paragraph 2(2)(d) of Schedule 16 (explosives); d paragraph 2(2)(d) of Schedule 20 (electromagnetic compatibility); e paragraph 2(2)(d) of Schedule 21 (simple pressure vessels); f paragraph 2(2)(d) of Schedule 22 (lifts); g paragraph 2(2)(a) of Schedule 23 (electrical equipment); h paragraph 2(2)(c) of Schedule 24 (pressure equipment); i paragraph 2(2)(e) of Schedule 25 (equipment etc. intended for use in potentially explosive atmospheres); j paragraph 2(2)(d) of Schedule 26 (non-automatic weighing instruments); k paragraph 2(2)(d) of Schedule 27 (measuring instruments); l paragraph 2(2)(d) of Schedule 28 (recreational craft); m paragraph 2(2)(d) of Schedule 29 (radio equipment); n paragraph 3(e) of Schedule 33 (amendment of Regulation (EC) No 765/2008 ); o paragraph 3(4)(b) of Schedule 35 (personal protective equipment); p paragraph 2(3)(b) of Schedule 36 (gas appliances). 4 1 Schedule 4 (measuring container bottles) is amended as follows. 2 In paragraph 5, in the substituted regulation 5— a in paragraph (2), after “bottle” insert “ , or where paragraph (2A) applies, on a label affixed to the bottle or on a document accompanying the bottle ” ; b after paragraph (2) insert— 2A For a period of 24 months beginning with IP completion day, the UK marking may be affixed to a label affixed to, or a document accompanying, a measuring container bottle.  . 3 In paragraph 7, in the text insert, after the inserted regulation 7A insert— Expiry of regulation 7A 7B 1 Subject to paragraphs (2) and (3), regulation 7A ceases to have effect at the end of the period of 12 months beginning with IP completion day. 2 Notwithstanding the expiry of regulation 7A— a any measuring container bottle to which paragraph (3) applies may be sold or supplied on the market of Great Britain on or after the expiry of regulation 7A; b any obligation to which a person was subject under regulation 7A(2) in respect of a measuring container bottle to which paragraph (3) applies continues to have effect after the expiry of regulation 7A. 3 This paragraph applies to a measuring container bottle which— a was sold or supplied on the market of Great Britain prior to the expiry of regulation 7A; and b in respect of which the requirements in regulation 7A were met. Qualifying Northern Ireland Goods 7C 1 Where paragraph (2) applies— a the requirements of regulation 5 and of Schedule 2 are treated as being satisfied; b the definition of “importer” and “manufacturer” in regulation 2(1) apply subject to the modification that the references to “UK marking” are to be read as references to the EEC sign. 2 This paragraph applies where a measuring container bottle— a complies with regulation 5, as it applies in Northern Ireland; and b is qualifying Northern Ireland goods. 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. . 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. . 6 In Schedule 9 (general product safety) in paragraph 2(f), in the inserted definition of “relevant enactment” after “EU law” insert “ (as it applies in Great Britain) ” . 7 1 Schedule 12 (supply of machinery) is amended as follows. 2 In paragraph 2(3)(g) for “the United Kingdom” substitute “ Great Britain ” ; 3 In paragraph 5(b) after “enactments” insert “ (as they apply in Great Britain) ” . 4 In paragraph 6— a for paragraph (b) substitute— b in paragraph (2)(f)— i for “CE” substitute “ UK ” ; ii after “machinery” insert “ or where paragraph (2A) applies, or on a label affixed to, or document accompanying, the machinery ” ; ; b after paragraph (b) insert— ba after paragraph (2) insert— 2A For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— a a label affixed to the machinery; or b a document accompanying the machinery. ; . 5 In paragraph 9, 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 machinery or partly completed machinery 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 machinery or partly completed machinery 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 machinery or partly completed machinery. Qualifying Northern Ireland Goods 12C 1 Where paragraph (2) applies the requirements of Part 3, other than those in regulations 12A, 12B and this regulation, are treated as being satisfied. 2 This paragraph applies where— a the responsible person has complied with the requirements of Part 3, as that Part applies in Northern Ireland; and b the machinery or partly completed machinery is qualifying Northern Ireland goods. 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. . 6 In paragraph 11, at the end, insert— c after paragraph (1) insert— 1A For the purposes of paragraph (1) machinery bears the UK marking if, in accordance with regulation 7(2A), the UK marking is affixed to — a a label affixed to the machinery; or b a document accompanying the machinery. . 7 In paragraph 21, after sub-paragraph (a) insert— aa in paragraph (1) after “affixed to it” insert “ (or, where regulation 7(2A) applies, to a label affixed to it or a document accompanying it) ” (four times); . 8 1 Schedule 13 (aerosol dispensers) is amended as follows. 2 In paragraph 3— a for sub-paragraph (a) substitute— a in paragraph (1)— i after “dispenser” insert “ or where paragraph (1A) applies, on a label affixed to, or a document accompanying, the aerosol dispenser ” ; ii for “a compliance mark” substitute “ the UK marking ” ; . b after sub-paragraph (a) insert— aa after paragraph (1) insert— 1A For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— a a label affixed to the aerosol dispenser; or b a document accompanying the aerosol dispenser. ; . 3 For paragraph 5 substitute— 5 For regulation 4 substitute— 4 1 Subject to paragraph (2), a person shall not supply or have in his possession for supply a relevant aerosol dispenser which is not marked with the UK marking or the symbol “3” (inverted epsilon). 2 Where regulation 3(1A) applies, paragraph (1) does not apply where the UK marking is affixed to— a a label affixed to the aerosol dispenser; or b a document accompanying the aerosol dispenser. . . 4 In paragraph 6, in the substituted paragraph (a)— a omit “or” at the end of sub-paragraph (a)(i); b after paragraph (a)(i) insert— ia has a label affixed to it, or a document accompanying it, which is marked with the UK marking, where— aa the requirements of regulation 3 are not complied with; or bb the requirements of regulation 3 are complied with but the period referred to in regulation 3(1A) has elapsed; or ; c for paragraph (a)(ii) substitute— ii is marked with the symbol “3” (inverted epsilon) where either— aa all the requirements of regulation 5A(3) are not complied with; or bb all the requirements of regulation 5B are not complied with; or ; d for paragraph (b) substitute— b for paragraph (b) substitute— b an aerosol dispenser which— i is marked with a mark so closely resembling the UK marking or the symbol “3” (inverted epsilon) as to be likely to deceive; or ii has a label affixed to it or a document accompanying it which is marked with a mark so closely resembling the UK marking as to be likely to deceive. . . 5 In paragraph 7, in the inserted text— a in the inserted regulation 5A— i in paragraph (2) after “5” insert “ (a)(ii)(aa) ” ; ii in paragraph (3)(a) omit “and”; iii after paragraph (3)(a) insert— aa the aerosol dispenser is supplied within a period of 12 months beginning with IP completion day; and ; b after the inserted regulation 5A insert— Qualifying Northern Ireland Goods 5B 1 Paragraph (2) sets out the requirements that must be complied with under regulation 5(a)(ii)(bb) to mark an aerosol dispenser with the symbol “3” (inverted epsilon); 2 The requirements referred to in paragraph (1) are that— a the requirements of regulation 3 as it applies in Northern Ireland have been complied with in relation to the aerosol dispenser; and b the aerosol dispenser is qualifying Northern Ireland goods. 3 In this regulation “ qualifying Northern Ireland goods ” has the meaning given to it in in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018. . 9 1 Schedule 15 (toys) is amended as follows. 2 For paragraph 4(g) substitute— g for the definition of “importer” substitute— “ importer ” means a person who— a is established in the United Kingdom and places a toy from a country outside of the United Kingdom on the market; or b is established in Northern Ireland and places a toy 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 For paragraph 17 substitute— 18 In regulation 18 (Toys to bear CE marking)— a in the heading and in each place in which it occurs for “CE” substitute “ UK ” ; b after paragraph (3) insert— 3A For a period of 24 months beginning with IP completion day, the manufacturer may, in place of affixing the UK marking in accordance with paragraph (3) affix the UK marking to a document accompanying the toy. . . 4 In paragraph 27, in the inserted text, after the inserted regulation 39A, insert— Expiry of regulation 39A 39AA 1 Subject to paragraph (2), regulation 39A ceases to have effect at the end of the period of 12 months beginning with IP completion day. 2 Notwithstanding the expiry of regulation 39A— a any toy which was placed on the market pursuant to regulation 39A may continue to be made available on the market on or after the expiry of regulation 39A; b any obligation to which a person was subject under regulation 39A in respect of a toy placed on the market pursuant to regulation 39A continues to have effect after the expiry of regulation 39A, in respect of that toy. Qualifying Northern Ireland Goods 39AB 1 Where paragraph (2) applies— a a toy is to be treated as being in conformity with the essential safety 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 toy is— i in conformity with the essential safety requirements, within the meaning of regulation 3 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 toy on the market, the importer— a complies with regulation 27; b ensures that— i the applicable conformity assessment procedure has been carried out; ii