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

9.—(1) Schedule 15 (toys) is amended as follows. U.K.

(2) For paragraph 4(g) substitute—

“(g) for the definition of “importer” substitute—

““importer” means a person who—

(a) is established in the United Kingdom and places a toy from a country outside of the United Kingdom on the market; or

(b) is established in Northern Ireland and places a toy 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) For paragraph 17 substitute—

“18.   In regulation 18 (Toys to bear CE marking)—

(a) in the heading and in each place in which it occurs for “CE” substitute “ UK ”;

(b) after paragraph (3) insert—

“(3A) For a period of 24 months beginning with IP completion day, the manufacturer may, in place of affixing the UK marking in accordance with paragraph (3) affix the UK marking to a document accompanying the toy.”.”.

(4) In paragraph 27, in the inserted text, after the inserted regulation 39A, insert—

“Expiry of regulation 39A

39AA.— (1) Subject to paragraph (2), regulation 39A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 39A—

(a) any toy which was placed on the market pursuant to regulation 39A may continue to be made available on the market on or after the expiry of regulation 39A;

(b) any obligation to which a person was subject under regulation 39A in respect of a toy placed on the market pursuant to regulation 39A continues to have effect after the expiry of regulation 39A, in respect of that toy.

Qualifying Northern Ireland Goods

39AB.— (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 [F1 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.”.

(5) In paragraph 43, in Part 3 of the inserted Schedule 2, in the table at point 13, in the entry for chromium (VI), in the fourth column (mg/kg in scraped-off toy material), for “0,2” substitute “ 0,053 ”.

Textual Amendments

F1 Word in Sch. 3 para. 9(4) substituted (31.12.2020 immediately before S.I. 2020/1460, Pt. 4 comes into force) by The Product Safety (Toys and Cosmetics) and Metrology (Measuring and Non-automatic Weighing Instruments) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1486), regs. 1(2), 2

Commencement Information

I1 Sch. 3 para. 9 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)