The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020

Amendments to Part 4 (Transportable pressure equipment)

10.  After regulation 19A, insert—

“Obligations of Manufacturers prior to placing equipment on the GB market

19AA.— (1) A manufacturer of equipment to be placed on the GB market must comply with paragraph (2) or (3).

(2) Where it is intended that the equipment becomes UK TPE, the manufacturer must—

(a) ensure a conformity assessment is carried out by an appointed body;

(b) mark equipment in accordance with regulation 22B; and

(c) keep the technical documentation specified in—

(i) section 1.8.7 of ADR; or

(ii) section 1.8.7 of RID,

for the period specified in those Agreements.

(3) Where it is intended that the equipment becomes pi marked TPE, the manufacturer must—

(a) ensure a conformity assessment is carried out by a notified body;

(b) mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and

(c) keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.

Obligations of Manufacturers after placing UK TPE on the GB market

19AB.— (1) This regulation applies to equipment bearing the UK TPE marking that a manufacturer has placed on the GB market.

(2) Where a manufacturer knows or has reason to believe that the equipment does not comply with regulation 19AA(2) or the Annexes, that manufacturer must—

(a) take immediate corrective measures to ensure that the equipment complies with—

(i) regulation 19AA(2); and

(ii) the Annexes;

(b) withdraw the equipment from the market; or

(c) issue a recall of the equipment.

(3) Where a manufacturer considers that the equipment presents a risk, that manufacturer must immediately inform the GB competent authority and Northern Ireland competent authority of—

(a) the risk, including providing details of any non-compliance with regulation 19AA(2) or the Annexes; and

(b) any action taken in accordance with paragraph (2).

(4) A manufacturer must record—

(a) each instance of non-compliance with regulation 19AA(2) or the Annexes; and

(b) any corrective measure taken,

and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(5) On receipt of a reasoned request from the GB competent authority, a manufacturer must—

(a) provide that authority with all information and documents necessary to show that the equipment meets the requirements of—

(i) regulation 19AA(2); and

(ii) the Annexes; and

(b) cooperate with that authority in any action it takes to eliminate risks posed by that equipment.”.