OpenLegislation

Paragraph 23 I1

United Kingdom

(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.””.

Annotations

Commencement

I1

Sch. 3 para. 23 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)