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Paragraph 11

Original text. Later amendments are not shown.

(1)

Schedule 19 (pyrotechnic articles) is amended as follows.

(2)

For the substituted definition of “importer” in paragraph 2(2)(j), substitute—

  • ““importer” means a person who—

    1. (a)

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

    2. (b)

      is established in Northern Ireland and places a pyrotechnic article 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 22 in the inserted text, after the inserted regulation 38D, insert—

“Expiry of regulations 38A to D

38E.
(1)

Subject to paragraph (2), regulations 38A to 38C cease to have effect at the end of the period of 12 months beginning with IP completion day.

(2)

Notwithstanding the expiry of regulation 38A—

(a)

any pyrotechnic article which was placed on the market pursuant to regulation 38A may continue to be made available on the market on or after the expiry of regulation 38A;

(b)

any obligation to which a person was subject under regulation 38A in respect of a pyrotechnic article placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that article;

(c)

any obligation to which a person was subject under regulations 38B and 38C in respect of a pyrotechnic article pursuant to regulations 38B and 38C continues to have effect after the expiry of regulations 38B and 38C, in respect of that article.

(3)

Subject to paragraph (4), regulation 38D ceases to have effect at the end of the period of 24 months beginning with IP completion day.

(4)

Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a pyrotechnic article prior to the expiry of regulation 38D, regulation 38D continues to apply in respect of that article 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” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in Annex II of the Directive.

Qualifying Northern Ireland Goods

38F.
(1)

Where paragraph (2) applies, a pyrotechnic article is to be treated as being in conformity with Part 2.

(2)

This paragraph applies where—

(a)

a pyrotechnic article—

(i)

is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)

is qualifying Northern Ireland goods; and

(b)

an importer has complied with the obligations set out in paragraph (3).

(3)

The obligations referred to in paragraph (2)(b) are that, before placing the pyrotechnic article on the market, the importer—

(a)

complies with regulation 17;

(b)

ensures that—

(i)

the relevant conformity assessment procedure has been carried out in relation to the pyrotechnic article;

(ii)

the manufacturer has drawn up the technical documentation; and

(iii)

the pyrotechnic article 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;

  • “relevant conformity assessment procedure” has the meaning give to it in regulation 2(1), as it applies in Northern Ireland;

  • “technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.”.

(4)

In paragraph 26, after sub-paragraph (b) insert—

“(c)

in paragraph (1) after “article” insert “or, where paragraph (1A) applies, to a label affixed to the pyrotechnic article or to the accompanying documents”;

(d)

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 pyrotechnic article; or

(b)

the accompanying documents.”

(e)

in paragraph (2) after “Where” insert “paragraph (1A) does not apply and ” . ” .” .

(5)

In paragraph 42, after sub-paragraph (a) insert—

“(aa)

in paragraph 1 for “in the United Kingdom” substitute “under the national law of the country in which the body is established”;

(ab)

for paragraph 8 substitute—

“8.

A conformity assessment body must ensure that it, either on its own or with the assistance of its subcontractors or subsidiaries, is capable of carrying out the conformity assessment activities in relation to which the conformity assessment body has been, or is to be, approved.”;”