xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Regulation 76

[F1SCHEDULE 16U.K.OPERATIONAL OBLIGATIONS OF [F2APPROVED] BODIES

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1.  [F3An approved] body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

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2.  [F4An approved] body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

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3.  [F5An approved] body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

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4.  [F6An approved] body must respect the degree of rigour and the level of protection required to ensure that the civil explosive is in conformity with the requirements of Part 13 of these Regulations.

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5.  Where [F7an approved] body finds that essential safety requirements or corresponding [F8designated ] standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.U.K.

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6.  Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, [F9an approved] body finds that a civil explosive is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).U.K.

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7.  Where the [F10approved ] body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the [F10approved] body must restrict, suspend or withdraw any certificate of conformity or approval.U.K.

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8.  Paragraph 9 applies where [F11an approved] body is minded to—U.K.

(a)refuse to issue a certificate of conformity or grant an approval;

(b)restrict, suspend or withdraw a certificate of conformity or approval.

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9.  Where this paragraph applies, the [F12approved] body must—U.K.

(a)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

(c)take account of any such representations before taking its decision.

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10.  [F13An approved] must inform the Secretary of State of—

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

(b)any circumstances affecting the scope of, or conditions for, [F14approval] under regulation 70 F15...;

(c)any request for information which it has received from the enforcing authority in respect of Part 13 regarding conformity assessment activities; and

(d)on request, conformity assessment activities performed within the scope of its [F16approval] under regulation 70 and any other activity performed, including cross-border activities and subcontracting.

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11.  [F17An approved] body must make provision in its contracts with its clients enabling such clients to appeal against a decision—U.K.

(a)to refuse to issue a certificate of conformity or grant an approval; or

(b)to restrict, suspend or withdraw a certificate of conformity or approval.

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12.  [F18An approved] body must provide other bodies [F19approved under these Regulations] carrying out similar conformity assessment activities covering the same civil explosives with relevant information on issues relating to negative and, on request, positive conformity assessment results.

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13.  [F20An approved] must participate in the work of [F21any approved body] coordination group established [F22by the Secretary of State], directly or by means of its designated representatives.]

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