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The Supply of Machinery (Safety) Regulations 1992

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EC declaration of conformity

22.—(1) Drawing up an EC declaration of conformity is the procedure whereby the responsible person declares in respect of each item of relevant machinery which he supplies in the Community that that particular item of relevant machinery complies with all the essential health and safety requirements applying to it.

(2) An EC declaration of conformity must—

(a)state the business name and full address of—

(i)the responsible person; and

(ii)where that person is not the manufacturer, of the manufacturer;

(b)contain a description of the machinery to which the declaration relates which, without prejudice to the generality of the foregoing, includes, in particular—

(i)its make;

(ii)type; and

(iii)serial number;

(c)indicate all relevant provisions with which the machinery complies;

(d)state in the case of relevant machinery in relation to which an EC typeexamination certificate has been issued the name and address of the approved body which issued the certificate and the number of such certificate;

(e)state in the case of relevant machinery in respect of which a technical file as described in regulation 14(2) above has been drawn up the name and address of the approved body to which the file has been sent or which has drawn up a certificate of adequacy for the file, as the case may be;

(f)specify (as appropriate) the transposed harmonised standards used;

(g)specify (as appropriate) the national standards and any technical specifications used; and

(h)identify the person authorised to sign the declaration on behalf of the responsible person.

(3) An EEC declaration of conformity must be—

(a)drawn up in the same language as the instructions for the machinery are drawn up as specified in paragraph 1.7.4(b) of Schedule 3 hereto; and

(b)typed or written by hand in block capitals.

(4) In the case of relevant machinery in respect of which the responsible person has carried out one of the conformity assessment procedures described in regulations 13, 14(1)(a) or 14(1)(b) above, the responsible person must state in the EC declaration of conformity that the item of machinery to which the declaration relates complies with the relevant essential health and safety requirements.

(5) In the case of relevant machinery in respect of which the responsible person has carried out the conformity assessment procedure described in regulation 14(1)(c) or 15 above and an EC type-examination certificate has been issued in respect of an example of that machinery, and such certificate remains valid, the responsible person must state that the item of machinery in respect of which the declaration is made conforms with the example to which that certificate relates.

(6) For the purposes of these Regulations, the requirement in paragraph (2)(c) above shall be satisfied where the EC declaration of conformity specifies the Machinery Directive and any other Community Directives with which the relevant machinery complies.

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