The Measuring Instruments (Exhaust Gas Analysers) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (OJ No. L135, 30.4.2004, p.1) (“the Directive”) in relation to exhaust gas analysers, which are measuring instruments covered by the Directive.

Part 1 provides that these Regulations apply, with certain exceptions, to exhaust gas analysers intended for use for the protection of the environment and public health which are first placed on the market or put into use on or after the 30th October 2006.

Part 2 deals with the requirements for placing on the market and putting into use. These are that exhaust gas analysers are compliant with the essential requirements, that the manufacturer has demonstrated such compliance with the essential requirements and that the instrument has the CE marking, the M marking and the identification number of the relevant notified body affixed to them (regulation 4(1)). It is an offence under regulation 4(2) to place on the market and put into use an exhaust gas analyser without complying with the requirements of regulation 4(1). The essential requirements are set out in Schedule 1. Compliance with the essential requirements can be demonstrated in accordance with the provisions in regulation 5. Regulation 6 sets out the different conformity assessment procedures available to a manufacturer to demonstrate compliance. The technical documentation required is set out in Schedule 3.

Regulations 7 to 11 and Schedule 2 contain provisions relating to the eligibility and designation of persons as notified bodies and with the administrative procedures relating to their appointment, functions and fees. Requirements relating to the marking of exhaust gas analysers are set out in regulation 12 and Schedule 4. Regulation 13 provides for a presumption of conformity of an exhaust gas analyser with other applicable directives conferred by the CE marking.

Part 3 deals with enforcement of these Regulations. Regulation 14 provides that the Secretary of State may act as an enforcement authority in relation to Part 2 and for that purpose may appoint any person to act on his behalf. Regulations 15 (compliance notice procedure) and regulation 16 (immediate enforcement action) confer powers on the enforcement authorities to take action in respect of non-compliant exhaust gas analysers. Regulation 17 permits a review by the Secretary of State of notices issued by other enforcement authorities under regulations 15 and 16.

Regulation 18 details the offences relating to the unauthorised application of authorised marks. Regulation 19 provides a power of entry and inspection for enforcement officers. Regulation 20 provides for offences relating to the obstruction of an enforcement officer. A person guilty of an offence under Part 2 or Part 3 is liable on summary conviction to a fine not exceeding level 5 on the standard scale (which is currently £5,000) (regulation 21). A defence of due diligence in relation to any offence under these Regulations is provided for in regulation 22 and the liability of persons other than the principal offender is set out in regulation 23.

Part 4 (regulations 24 to 26) deals with miscellaneous matters including the application of the Regulations to Northern Ireland to the extent set out in Schedule 5 (regulation 26).

A full regulatory impact assessment of the effect that these Regulations will have on the costs of business is available from the Department for Transport, 5th floor, Southside, 105 Victoria Street, London SW1E 6DT (telephone number: 020 7944 2455). As these Regulations transpose the Directive in relation to exhaust gas analysers, a transposition note setting out how the Directive has been transposed into UK law has been prepared and can be obtained from the above address. Copies of these documents have been placed in the library of each House of Parliament. These documents may also be accessed on the OPSI website www.opsi.gov.uk.

Copies of the EC Directives referred to in these Regulations can be obtained from the Stationery Office.

Copies of the OIML R99/ISO 3930 may be obtained on-line at www.iso.org on payment of the appropriate charge.