The Electromagnetic Compatibility Regulations 1992

Procedure where United Kingdom notified body is minded to make a decision unfavourable to the applicant

69.  Before making an unfavourable decision in respect of an applicant, that is to say—

(a) refusing to grant an EC type-examination certificate pursuant to regulation 64(5) above;

(b) the imposition of a condition of an EC type-examination certificate or the making of a restrictive variation of a condition thereof pursuant to regulation 67 above in circumstances where the applicant has not indicated in writing that the apparatus concerned is suitable for use subject to that condition;

(c) the withdrawal of an EC type-examination certificate pursuant to regulation 68 above,

• the United Kingdom notified body shall—

  (i)

  give notice in writing to the applicant, or holder of the EC type-examination certificate concerned, as the case may be (“the person concerned ”), of the reasons why it proposes to make the unfavourable decision; and

  (ii)

  give the person concerned the opportunity of making representations within a period of 28 days of the notice being given as to why that body should make a favourable decision, and consider any representations which are made by that person within that period.