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33.—(1) For the purposes of these Regulations, the CE mark shall be regarded as properly affixed in relation to relevant apparatus if the requirements of paragraphs (2) to (4) below are complied with.
(2) The CE mark shall be affixed in relation to any relevant apparatus by being affixed to one of the following—
(a)the apparatus; or
(ii)instructions for use; or
(3) Where the apparatus in relation to which the mark is affixed is radiocommunication transmission apparatus, the CE mark shall be followed by the distinctive letters used by the notified body which issued the EC type-examination certificate in respect of the apparatus with which the first-mentioned apparatus conforms.
(4) Where the apparatus is the subject of Community Directives other than the EMC Directive providing for the affixing of a mark consisting of or including the symbol “CE ”, the CE mark may only be affixed in relation thereto for the purposes of these Regulations if the apparatus conforms with the relevant requirements of those other Directives.
(5) No person shall affix the CE mark, or any other inscription liable to be confused therewith, in relation to any relevant apparatus, unless—
(a)the apparatus complies with the protection requirements; and
(b)the conformity assessment procedures have been complied with.
(6) No person shall affix the CE mark, or any other inscription liable to be confused therewith, in relation to any electrical apparatus other than relevant apparatus: provided that nothing in this paragraph shall prohibit the affixing of the CE mark to any electrical apparatus pursuant to any Community right or obligation other than the EMC Directive.
(7) In these Regulations, “CE mark ” means a mark consisting of the symbol “CE ” set out in the form shown in Schedule 4 hereto.
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