PART 2REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS – OBLIGATIONS OF ECONOMIC OPERATORS

CHAPTER 4IDENTIFICATION OF ECONOMIC OPERATORS

F1Obligations which are met by complying with obligations in the Directive32A

1

In this regulation—

a

any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

b

CE marking” has the meaning given to it in Article 2(19);

c

Module B” means the conformity assessment procedure set out in point 1 of Annex II;

d

EU-type examination certificate” means an EU-type examination certificate issued in accordance with Module B;

e

harmonised standard” has the meaning given to it in Article 2(11).

2

Paragraph (3) applies where, before placing a non-automatic weighing instrument on the market, the manufacturer—

a

ensures that the non-automatic weighing instrument has been designed and manufactured in accordance with the essential requirements set out in Annex I;

b

ensures that the relevant conformity assessment procedures that apply to that non-automatic weighing instrument in accordance with Article 13 have been carried out;

c

draws up the technical documentation referred to in Annex II;

d

ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

e

affixes the CE marking and the supplementary metrology marking, in accordance with Articles 16 and 17(1) to (5);

f

affixes the inscriptions provided for in points 1 or 2 of Annex III in accordance with Article 6(5);

g

affixes where required in accordance with Article 6(5) the restrictive use symbol as provided for in Article 18 and in point 3 of Annex III;

h

draws up an EU declaration of conformity, in accordance with Article 14; and

i

ensures that the EU declaration of conformity is prepared in or translated into English.

3

Where this paragraph applies—

a

the requirements of regulations 6, 9(3) and (4), 41 and 45(2) are to be treated as being satisfied;

b

regulations 7, 8(2), 44, 63(1)(a) to (e), 67, 68 and 71 apply subject to the modifications in paragraph (8); and

c

Regulations 34 to 36 do not apply.

4

Paragraph (5) applies where, before placing a regulated non-automatic weighing instrument on the market, the importer ensures that—

a

the relevant conformity assessment procedure referred to in Article 13 has been carried out;

b

the manufacturer has drawn up the technical documentation referred to in Annex II; and

c

the non-automatic weighing instrument bears the CE marking and supplementary metrology marking in accordance with Articles 16 and 17(1) to (5).

5

Where this paragraph applies—

a

the requirements of regulation 16(2)(a) to (c) are to be treated as being satisfied; and

b

regulations 23, 63(1)(a) to (e), 67 and 68 apply subject to the modifications in paragraph (8).

6

Paragraph (7) applies where, before making a regulated non-automatic weighing instrument available on the market, a distributor ensures that the non-automatic weighing instrument bears the CE marking and the inscriptions referred to in point 1 of Annex III.

7

Where this paragraph applies—

a

regulation 27(1) is to be treated as being satisfied; and

b

regulations 28(1), 28(2), 29, 63(1)(a), 63(1)(b), 67, 68 and 71 apply subject to the modifications in paragraph (8).

8

The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (7)(b) are that—

a

any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

b

any reference to “UK marking” is to be read as a reference to the CE marking;

c

any reference to “designated standard” is to be read as a reference to a harmonised standard;

d

any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 13;

e

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex II;

f

any reference to “type examination certificate” is to be read as a reference to an EU-type examination certificate;

g

any reference to “M marking” is to be read as a reference to the supplementary metrology marking;

h

F2except in relation to regulation 68, any reference to “approved body” is to be read as a reference to the body that undertook any conformity assessment procedure in accordance with Article 13;

i

any reference to “authorised mark” includes the CE marking and the supplementary metrology marking.