The Windsor Framework (Enforcement etc.) Regulations 2023

PART 3Enforcement of public health, marketing and organic product standards in Northern Ireland

Interpretation

8.—(1) In this Part—

“the Standards Regulations” means the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023(1);

“consignment” and “retail goods” have the meaning given in the Standards Regulations;

the “Retail Movement Scheme” means the scheme established by the Windsor Framework (Retail Movement Scheme) Regulations 2023(2).

(2) In this Part—

(a)a “listed instrument” means an EU instrument listed in Column 1 of the table in Schedule 1, Schedule 2 or Schedule 3 to the Standards Regulations;

(b)a “corresponding GB instrument”, in relation to a listed instrument, means an instrument or part of an instrument listed in column 2 of the entry in that table for the listed instrument, with—

(i)any modifications specified in column 3 of that entry; and

(ii)any further necessary modifications which apply to the corresponding GB instrument by virtue of regulation 4, 5 or 6 of the Standards Regulations;

(c)a “relevant Northern Ireland enforcement instrument” means an instrument listed in the Schedule to these Regulations.

Enforcement of public health, marketing and organic product standards in Northern Ireland

9.—(1) Paragraph (2) applies in relation to a consignment of retail goods entering into Northern Ireland from another part of the United Kingdom in accordance with the Retail Movement Scheme where—

(a)the Standards Regulations apply in relation to the consignment;

(b)a listed instrument would, but for Article 1(2) and Annex I to the SPS Regulation, apply in relation to the consignment; and

(c)if that listed instrument applied, a provision of a relevant Northern Ireland enforcement instrument would apply in relation to the enforcement of a standard, requirement or prohibition in the listed instrument.

(2) Where this paragraph applies, the relevant Northern Ireland enforcement instrument applies in relation to the enforcement of any standard, requirement or prohibition in a corresponding GB instrument which, by virtue of the Standards Regulations, is treated as applying in relation to the consignment.

(3) Where a relevant Northern Ireland enforcement instrument applies by virtue of paragraph (2), it applies with any necessary modifications.