Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations (Northern Ireland) 2005

Measuring equipment imported from an EEA State

9.  For regulation 16 there shall be substituted the following regulation –

“16.— (1) In relation to measuring equipment imported into Northern Ireland from an EEA State whether directly or indirectly through Great Britain, subject to paragraph (4), an inspector shall not carry out any test in accordance with the foregoing provisions of this Part if, together with the measuring equipment being imported, he is presented with the requisite documentation.

(2) In this regulation and in regulation 17(2) –

(a) “requisite documentation” means –

(i) the test report of an approved body that the measuring equipment which is the subject of that report has been tested on the same basis as those set out in these Regulations and stating which tests have been applied to it; and

(ii) the test results relating to those tests; and

(b) “EEA State” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

(3) A body is an “approved body” for the purposes of this regulation if it is a body in an EEA State which has the responsibility in that State for metrological control of measuring equipment or is a laboratory which has been accredited in an EEA State as being a body which conforms with the criteria set out in EN 45001.

(4) Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part where he is not satisfied –

(a) as to the authenticity of the test report or the results presented to him; or

(b) that the test results presented to him are results which in fact relate to the measuring equipment being imported; or

(c) either –

(i) that the measuring equipment being imported has not been dismantled after the tests to which the test report relates were carried out, or

(ii) where the measuring equipment being imported has been dismantled after those tests were carried out, that any such dismantling is not likely to have affected its performance.”.