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[F1PART 13U.K.SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS, SUB-PART B: CONFORMITY ASSESSMENT BODIES, SUB-PART C: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Textual Amendments

F1Pt. 13 (regs. 39-77) substituted for Pt. 13 (regs. 39-42) (and therefore original regs. 43, 44 renumbered as new regs. 78, 79, new reg. 80 substituted for original reg. 45 and original regs. 46-49 renumbered as new regs. 81-84) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 7, 8, 9 (with regs. 2(1), 15)

SUB-PART B: CONFORMITY ASSESSMENTU.K.

Presumption of conformityU.K.

65.—(1) A civil explosive which is in conformity with a [F2designated] standard, or part of such a standard, F3... is to be presumed to be in conformity with the essential safety requirements covered by that standard, or that part of that standard.

(2) The presumption in paragraph (1) is rebuttable.

Textual Amendments

[F4Conformity assessment proceduresU.K.

66.—(1) Assessment of conformity of a civil explosive is carried out by an approved body in accordance with the procedures set out in Schedule 17.

(2) For the assessment of conformity of a civil explosive, the manufacturer must follow one of the following procedures set out in Schedule 17—

(a)in Part 1 of Schedule 17, Type examination carried out by an approved body (Module B), and, at the choice of the manufacturer, one of the following procedures—

(i)in Part 2 of Schedule 17, conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);

(ii)in Part 3 of Schedule 17, conformity to type based on quality assurance of the production process (Module D);

(iii)in Part 4 of Schedule 17, conformity to type based on product quality assurance (Module E);

(iv)in Part 5 of Schedule 17, conformity to type based on product verification (Module F);

(b)in Part 6 of Schedule 17, conformity based on unit verification (Module G).]

Textual Amendments

[F5Declaration] of conformityU.K.

67.  The F6... declaration of conformity for a civil explosive must—

(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the civil explosive;

(b)contain the elements specified in [F7Schedule 17,] for the relevant conformity assessment procedure followed in respect of the civil explosive; and

(c)have the model structure set out in [F8Schedule 18.]

Textual Amendments

[F9UK] markingU.K.

68.—(1) [F10The UK marking must be affixed visibly, legibly and indelibly—

(a)to the civil explosive; or

(b)where paragraph (1A) applies, to—

(i)a label affixed to the civil explosive; or

(ii)the accompanying documents.]

[F11(1A) For a period of [F12seven years] beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the civil explosive; or

(b)the accompanying documents.]

(2) Where [F13paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of the civil explosive, to affix the [F14UK] marking in accordance with paragraph (1), the [F14UK] marking must be affixed to—

(a)the packaging; and

(b)the accompanying documents.

(3) The [F15UK] marking must be followed by the identification number of the [F16approved] body which carried out the relevant conformity assessment procedure for the civil explosive, where that body is involved in the production control phase.

(4) The identification number of the [F17approved] body must be affixed—

(a)by the [F17approved] body itself; or

(b)under the instructions of the [F17approved] body, by the manufacturer or the manufacturer’s authorised representative.

(5) In the case of a civil explosive—

(a)manufactured for the manufacturer’s own use;

(b)transported and delivered unpackaged or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole; or

(c)manufactured at the blasting site which is loaded immediately after being produced,

the [F18UK] marking must be affixed to the accompanying documents.]

Textual Amendments

F10Reg. 68(1) substituted (31.12.2020) by S.I. 2019/696, Sch. 16 para. 27(b) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 10(5)(a))

F11Reg. 68(1A) inserted by S.I. 2019/696, Sch. 16 para. 27(ba) (as inserted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 10(5)(b))