# The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020, Paragraph 23

Extent: E+W+S+N.I.

(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 5A
6 After Article 5 insert—
“Article 5A
Obligations of responsible persons established in Northern Ireland
1 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.””.

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Source: https://www.legislation.gov.uk/uksi/2020/1460/schedule/3/paragraph/23 (the official version)
Page: https://openlegislation.uk/product-safety-and-metrology-etc-amendment-etc-ukni-indication-eu-exit-regulations-2020/schedule-3/paragraph-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.