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The Toys (Safety) Regulations 2011

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Performance of EC-type examinations

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43.  (1)  A UK notified body performing an EC-type examination in relation to a toy must—

(a)perform that examination in accordance with the provisions of Module B;

(b)evaluate (if necessary together with the manufacturer) the analysis carried out by the manufacturer in accordance with regulation 12 (safety assessment); and

(c)while respecting the need for the requirements that are imposed by these Regulations in relation to the toy to be complied with, perform the examination—

(i)in a proportionate manner, avoiding unnecessary burdens for economic operators; and

(ii)taking due account of—

(aa)the size of the relevant economic operator;

(bb)the sector in which the economic operator operates;

(cc)the structure of the economic operator;

(dd)the degree of complexity of the technology of the toy; and

(ee)the mass or serial nature of the production process for the toy.

(2) Point 2 of Module B shall be treated as requiring EC-type examination to be performed in the manner specified in the second indent of point 2 (combination of product type and design type).

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