Explanatory note

These Regulations are made in exercise of the powers conferred by section 8B(1) and (2) of the European Union (Withdrawal) Act 2018 (c. 16), as amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), in order to support the implementation of the provisions in Part Three (separation provisions), Title I (goods placed on the market) of both the Withdrawal Agreement between the European Union and the United Kingdom, and the EEA EFTA Separation Agreement between the EFTA states (Iceland, the Principality of Liechtenstein and the Kingdom of Norway) and the United Kingdom.

Regulation 2 enables the Secretary of State to act as a market surveillance authority for the purposes of the exchange of information on market surveillance with the European Commission, the EFTA Surveillance authority and the market surveillance authorities in the relevant states as required by Articles 43 and 41 of the Withdrawal Agreement and EEA EFTA Separation Agreement respectively.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.