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.