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PART 3U.K.CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES

SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY ASSESSMENTSU.K.

Conformity assessments carried out under Module B (EU-type examination)U.K.

49.—[F1(1) Where an economic operator has a conformity assessment carried out on a product under Module B (EU-type examination) of Annex II to Decision 768/2008/EC in relation to a product, the conformity assessment must be carried out in the manner set out in Schedule 10.

(2) A production type may cover several versions of the assessed product, if—

(a)the differences between the versions of the product do not affect the level of safety and the other requirements concerning the performance of the product; and

(b)the different versions of the product are referred to in the corresponding EU-type examination certificate, if necessary by means of amendments to the original certificate.

(3) For the purposes of this regulation—

“production type” means an examination of the adequacy of the technical design of the watercraft through examination of the technical documentation specified in paragraph 3 of Schedule 10 and a specimen watercraft that is representative of the completed watercraft that is to be or has been produced by the manufacturer.]

Textual Amendments

Commencement Information

I1Reg. 49 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)E+W+S

50.—(1) Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) [F2as set out in Schedule 15]—

(a)the product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; and

(b)the requirements set out in Schedule 6 apply.

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I2Reg. 50 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)N.I.

50.—(1) Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) of Annex II to Decision 768/2008/EC—

(a)the product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; and

(b)the requirements set out in Schedule 6 apply.

(2) The possibility, referred to in Modules A1 and C1 of Annex II of Decision 768/2008, of using an accredited in-house body to perform a conformity assessment under those modules is not applicable in relation to watercraft.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I7Reg. 50 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module F (conformity to type based on product verification)E+W+S

51.  Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) [F4as set out in Schedule 15], the procedure set out in Schedule 7 applies.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I3Reg. 51 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module F (conformity to type based on product verification)N.I.

51.  Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) of Annex II to Decision 768/2008/EC, the procedure set out in Schedule 7 applies.

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I8Reg. 51 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module C (conformity to type based on internal production control)E+W+S

52.—(1) This regulation applies where—

(a)an economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) [F5set out in Schedule 15];

(b)Module C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; and

(c)the manufacturer is not working under a relevant quality system as described in Module H [F6set out in Schedule 15].

(2) [F7An approved] body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by [F8the approved] body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.

(3) When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I4Reg. 52 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module C (conformity to type based on internal production control)N.I.

52.—(1) This regulation applies where—

(a)an economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) of Annex II of Decision 768/2008/EC;

(b)Module C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; and

(c)the manufacturer is not working under a relevant quality system as described in Module H of Annex II to Decision 768/2008/EC.

(2) A notified body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by the notified body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.

(3) When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I9Reg. 52 in force at 3.8.2017, see reg. 1

[F9Declaration] of conformityE+W+S

53.  The F10... declaration of conformity for a product must—

(a)state that the product complies with the essential requirements;

(b)contain the elements specified in regulations 44 to 47 for the relevant conformity assessment [F11procedure] in respect of the product; and

(c)be set out in accordance with the model structure set out in Schedule 4.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I5Reg. 53 in force at 3.8.2017, see reg. 1

EU declaration of conformityN.I.

53.  The EU declaration of conformity for a product must—

(a)state that the product complies with the essential requirements;

(b)contain the elements specified in regulations 44 to 47 for the relevant conformity assessment in respect of the product; and

(c)be set out in accordance with the model structure set out in Schedule 4.

Extent Information

E9This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I10Reg. 53 in force at 3.8.2017, see reg. 1

[F12UK marking]E+W+S

54.—[F13(1) The UK marking must be affixed visibly, legibly and indelibly—

(a)to the product; or

(b)where paragraph (1A) applies, to—

(i)a label affixed to the product; or

(ii)a document accompanying the product.]

[F14(1A) For a period of [F15seven years] beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the product; or

(b)a document accompanying the product.]

(2) Where [F16paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of a component to affix the [F17UK] marking in accordance with [F18paragraph (1)(a)], the [F17UK] marking must be affixed to—

(a)the packaging; and

(b)the accompanying documents.

(3) [F19Except where paragraph (3A) applies] where the product referred to in paragraph (1)—

(a)is a watercraft, the [F20UK] marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; or

(b)is a propulsion engine, the [F20UK] marking must be affixed on the engine.

[F21(3A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the watercraft or propulsion engine; or

(b)a document accompanying the watercraft or propulsion engine.]

(4) The [F22UK] marking must be followed by the identification number of the [F23approved] body where—

(a)that body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in [F24Schedule 15]; or

(b)where a post construction assessment set out in Schedule 5 of these Regulations is being used.

(5) The identification number of the [F25approved] body must be affixed—

(a)by the [F25approved] body itself; or

(b)under the instructions of the [F25approved] body by the manufacturer.

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I6Reg. 54 in force at 3.8.2017, see reg. 1

CE markingN.I.

54.—(1) The CE marking must be affixed visibly, legibly and indelibly to the product.

(2) Where it is not possible or warranted, on account of the nature of a component to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—

(a)the packaging; and

(b)the accompanying documents.

(3) Where the product referred to in paragraph (1)—

(a)is a watercraft, the CE marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; or

(b)is a propulsion engine, the CE marking must be affixed on the engine.

(4) The CE marking must be followed by the identification number of the notified body where—

(a)that body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in Annex II of Decision 768/2008; or

(b)where a post construction assessment set out in Schedule 5 of these Regulations is being used.

(5) The identification number of the notified body must be affixed—

(a)by the notified body itself; or

(b)under the instructions of the notified body by the manufacturer.

Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I11Reg. 54 in force at 3.8.2017, see reg. 1

[F26UK(NI) indicationN.I.

54A.—(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the product, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a)visibly, legibly and indelibly; and

(b)before a product is placed on the market in Northern Ireland.

(3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 54.

(4) The UK(NI) indication must be affixed by—

(a)the manufacturer; or

(b)the manufacturer's authorised representative.

(5) When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.]

Textual Amendments

[F26Register of notified bodies established in the United KingdomN.I.

54B.—(1) The Secretary of State must ensure that—

(a)each notified body established in the United Kingdom is assigned an identification number; and

(b)there is a register of—

(i)notified bodies established in the United Kingdom;

(ii)their notified body identification number;

(iii)the activities for which they have been notified;

(iv)any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]

Textual Amendments