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Regulation 39AB Qualifying Northern Ireland GoodsF1

England, Wales and Scotland

(1)

Where paragraph (2) applies—

(a)

a toy is to be treated as being in conformity with the essential safety requirements; and

(b)

each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Part 2.

(2)

This paragraph applies where—

(a)

a toy is—

(i)

in conformity with the essential safety requirements, within the meaning of regulation 3 as it applies in Northern Ireland; and

(ii)

qualifying Northern Ireland goods;

(b)

each relevant economic operator has complied or is complying with the obligations imposed on them under Part 2, as that Part applies in Northern Ireland; and

(c)

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

(3)

The obligations referred to in paragraph (2)(c) are that, before placing the toy on the market, the importer—

(a)

complies with regulation 27;

(b)

ensures that—

(i)

the applicable conformity assessment procedure has been carried out;

(ii)

the manufacturer has drawn up the technical documentation; and

(iii)

the toy bears the CE marking.

(4)

In this regulation—

  • “applicable conformity assessment procedure” means the conformity assessment procedure applicable to the toy under regulation 15, as it applies in Northern Ireland;

  • “CE marking” has the meaning given to it in regulation 3, 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;

  • “technical documentation” means the technical documentation that a manufacturer has to draw up in accordance with regulation 17, as it applies in Northern Ireland.

Annotations

Textual amendments

F1

Regs. 39A-39AB and Pt. 2A (regs. 39B-39E) 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. 15 para. 27 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(e)(vi); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 9(4)); 2020 c. 1, Sch. 5 para. 1(1)