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4. Regulation 4 shall be renumbered as regulation 4(1); in that provision as so renumbered for the words “the British Standard Automobile Series” onwards there shall be substituted “BS AU 144e: 1988”; and after that provision as so renumbered there shall be inserted the following paragraphs—
“(2) Paragraph (1) above shall not apply to the supply of a tyre if the conditions specified in paragraph (3) below are satisfied in relation to the tyre.
(3) The conditions referred to in paragraph(2) above are satisfied by compliance with—
(a)a standard or code of practice of a national standards body or equivalent body of any member State;
(b)any international standard recognised for use as a standard by any member State; or
(c)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any member State,
if the standard, code of practice, international standard or technical specification provides, in relation to retreaded tyres, a level of safety equivalent to that provided by BS AU 144e: 1988 and contains a requirement as respects the marking of tyres equivalent to that provided by that instrument.
(4) In relation to the supply of a tyre before 1st December 1995, paragraph (1) above shall have effect as if the reference to BS AU 144e: 1988 were a reference to BS AU 144b: 1977, BS AU 144c: 1988, BS AU 144d: 1988 or BS AU 144e: 1988.
(5) In relation to the supply of a tyre before 1st December 1995, paragraph (3) above shall have effect as if the reference to BS AU 144e: 1988 were a reference to BS AU 144b: 1977, BS AU 144c: 1988, BS AU 144d: 1988 or BS AU 144e: 1988.”.
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