Regulation 38F Qualifying Northern Ireland GoodsF1

England, Wales and Scotland

(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.

Annotations

F1: Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)