5.—(1) A manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(b) in respect of the electrical equipment for which the application is made) for an inspection certificate attesting that the electrical equipment which is the subject of the application offers a degree of safety at least equivalent to that of the harmonised standards.
(2) The application shall be in writing and shall be accompanied by such information and documents as the certification body may reasonably require. Samples of the equipment to which the application relates and such other information and documents as the certification body may reasonably require shall be provided by the manufacturer when so requested by that body.
(3) On receipt of an application for an inspection certificate in relation to electrical equipment, the certification body shall, on receipt of such fee as may be agreed between the certification body and the manufacturer (or on receipt of the acceptance by the manufacturer of the quotation given to him by the certification body in respect of such fee), carry out such checks, examinations and tests as are required for it to determine whether the electrical equipment which is the subject of the application offers a degree of safety at least equivalent to that of the harmonised standards.
(4) If as a result of the checks, examinations and tests carried out in accordance with paragraph (3), the certification body determines that the equipment offers a degree of safety at least equivalent to that of the harmonised standards, it shall, in the case of electrical equipment for use in mines draw up a report of its determination, and in every case proceed in accordance with paragraphs (5) to (7).
(5) The certification body shall send the specifications of the equipment, the inspection records, the draft inspection certificate and, in the case of electrical equipment for use in mines, the report of its determination to the other Member States or to their certification bodies or both which, within 4 months of receiving those documents, may submit comments, ask for additional inspections and where appropriate refer the matter to the Committee set up under Article 6 of the Framework Directive in accordance with Article 7 of that Directive or, in the case of electrical equipment for use in mines, to the Committee referred to in Article 6 of the Gassy Mines Directive in accordance with Article 7 of that Directive (in either case hereinafter referred to as “the Committee”).
(6) If no Member State requests that the matter be referred to the Committee by the end of the period specified in paragraph (5), after considering the comments submitted in accordance with the procedure specified in that paragraph and if the results of any additional inspections requested are satisfactory, the certification body shall issue the inspection certificate.
(7) If a Member State requests that the matter be referred to the Committee, the certification body shall not issue an inspection certificate unless it has received a favourable opinion from the Committee.
(8) The inspection certificate may be issued subject to such conditions as the certification body may reasonably stipulate.