The Non-automatic Weighing Instruments Regulations 2016

[F1 Obligations which are met by complying with obligations in the Directive E+W+S

32A.— (1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “CE marking” has the meaning given to it in Article 2(19);

(c) “Module B” means the conformity assessment procedure set out in point 1 of Annex II;

(d) “EU-type examination certificate” means an EU-type examination certificate issued in accordance with Module B;

(e) “harmonised standard” has the meaning given to it in Article 2(11).

(2) Paragraph (3) applies where, before placing a non-automatic weighing instrument on the market, the manufacturer—

(a) ensures that the non-automatic weighing instrument has been designed and manufactured in accordance with the essential requirements set out in Annex I;

(b) ensures that the relevant conformity assessment procedures that apply to that non-automatic weighing instrument in accordance with Article 13 have been carried out;

(c) draws up the technical documentation referred to in Annex II;

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(e) affixes the CE marking and the supplementary metrology marking, in accordance with Articles 16 and 17(1) to (5);

(f) affixes the inscriptions provided for in points 1 or 2 of Annex III in accordance with Article 6(5);

(g) affixes where required in accordance with Article 6(5) the restrictive use symbol as provided for in Article 18 and in point 3 of Annex III;

(h) draws up an EU declaration of conformity, in accordance with Article 14; and

(i) ensures that the EU declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 6, 9(3) and (4), 41 and 45(2) are to be treated as being satisfied;

(b) regulations 7, 8(2), 44, 63(1)(a) to (e), 67, 68 and 71 apply subject to the modifications in paragraph (8); and

(c) Regulations 34 to 36 do not apply.

(4) Paragraph (5) applies where, before placing a regulated non-automatic weighing instrument on the market, the importer ensures that—

(a) the relevant conformity assessment procedure referred to in Article 13 has been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Annex II; and

(c) the non-automatic weighing instrument bears the CE marking and supplementary metrology marking in accordance with Articles 16 and 17(1) to (5).

(5) Where this paragraph applies—

(a) the requirements of regulation 16(2)(a) to (c) are to be treated as being satisfied; and

(b) regulations 23, 63(1)(a) to (e), 67 and 68 apply subject to the modifications in paragraph (8).

(6) Paragraph (7) applies where, before making a regulated non-automatic weighing instrument available on the market, a distributor ensures that the non-automatic weighing instrument bears the CE marking and the inscriptions referred to in point 1 of Annex III.

(7) Where this paragraph applies—

(a) regulation 27(1) is to be treated as being satisfied; and

(b) regulations 28(1), 28(2), 29, 63(1)(a), 63(1)(b), 67, 68 and 71 apply subject to the modifications in paragraph (8).

(8) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (7)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b) any reference to “UK marking” is to be read as a reference to the CE marking;

(c) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(d) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 13;

(e) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex II;

(f) any reference to “type examination certificate” is to be read as a reference to an EU-type examination certificate;

(g) any reference to “M marking” is to be read as a reference to the supplementary metrology marking;

(h) [F2 except in relation to regulation 68,] any reference to “approved body” is to be read as a reference to the body that undertook any conformity assessment procedure in accordance with Article 13;

(i) any reference to “authorised mark” includes the CE marking and the supplementary metrology marking.]

Textual Amendments

F1 Regs. 32A-32D 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. 26 para. 19 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 18(4)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 32A(8)(h) inserted (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 11(3)