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3.—(1) Subject to paragraph (2), in the absence of a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which—
(a)is brought into Northern Ireland from an EEA State (other than a member State) in which it was lawfully produced and sold; and
(b)is suitably labelled to give the name of the spreadable fat.
(2) Regulation 4 shall not apply in respect of any margarine which—
(a)is brought into Northern Ireland from an EEA State in which it was lawfully produced and sold or from a member State in which it was in free circulation and lawfully sold; and
(b)is suitably labelled to give the nature of the margarine.
(3) For the purposes of paragraph (2), “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.
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