2.9.6 北アイルランド

As from 1 January 2021, the Protocol on Ireland/Northern Ireland (‘IE/NI Protocol’) applies. (90) The IE/NI Protocol is subject to periodic consent of the Northern Ireland Legislative Assembly, the initial period of application extending to 4 years after the end of the transition period. (91)

The IE/NI Protocol makes certain provisions of EU law applicable also to and in the United Kingdom in respect of Northern Ireland.

The IE/NI Protocol provides that all Union harmonisation legislation covered by this Guide applies to and in the United Kingdom in respect of Northern Ireland. (92)

This means that, insofar as EU law made applicable by the IE/NI Protocol to the United Kingdom in respect of Northern Ireland is concerned, references to the EU have to be understood as including Northern Ireland, whereas references to the United Kingdom have to be understood as referring only to Great Britain (93).

More specifically, this means inter alia the following:

—Products placed on the market in Northern Ireland have to comply with the applicable Union harmonisation legislation;

—A product manufactured in Northern Ireland and shipped to the EU is not an imported product for the purpose of labelling and identification of economic operators / responsible persons;

—A product shipped from Great Britain to Northern Ireland is an imported product;

—Importers, authorised representatives and other economic operators required to be established in the Union may be established in Northern Ireland.

—Certificates issued by a Notified Body in Great Britain are not valid in Northern Ireland. A Notified Body in Northern Ireland, however, can continue to certify products in certain circumstances (see below).

However, the IE/NI Protocol excludes the possibility for the United Kingdom in respect of Northern Ireland to:

—participate in the decision-making and decision-shaping of the Union; (94)

—initiate objections, safeguard or arbitration procedures to the extent that they concern regulations, standards, assessments, registrations, certificates, approvals and authorisations issued or carried out by EU Member States; (95)

—act as leading authority for assessments, examinations and authorisations; (96)

—invoke the country of origin principle or mutual recognition for products placed legally on the market in Northern Ireland; or for certificates issued by bodies established in the United Kingdom (97).

More specifically, this last point means inter alia the following:

—Bodies established in Northern Ireland may certify products, but certificates issued by Notified Bodies in Northern Ireland are valid only in Northern Ireland. By contrast, these certificates are not valid in the EU (98).

—Where a product is certified by a Notified Body in Northern Ireland, the indication ‘UK(NI)’ must be affixed next to the CE marking or any other applicable conformity marking. (99) This distinct marking allows the identification of products which can be legally placed on the market in Northern Ireland, but not in the EU.

—In the non-harmonised area or for non-harmonised aspects, the principle of mutual recognition in one Member State of goods lawfully marketed in another Member State pursuant to Articles 34 and 36 of the Treaty on the Functioning of the European Union will not apply in respect of goods lawfully marketed in Northern Ireland. This means that the lawful placing of a product on the market of Northern Ireland cannot be invoked when that product is placed on the market in the EU. However, the lawful marketing of a product in a Member State can be invoked when that product is placed on the market in Northern Ireland.