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PART IIIGENERAL REQUIREMENTS

Declaration and marking procedures

The EC mark

25.—(1) For the purposes of these Regulations, the EC mark shall be regarded as properly affixed to relevant machinery if—

(a)the responsible person who affixes the EC mark to the relevant machinery has issued an EC declaration of conformity in respect thereof;

(b)the EC mark is affixed to the relevant machinery in a distinct, visible, legible and indelible manner; and

(c)in the case of relevant machinery which is the subject of Community Directives other than the Machinery Directive, the requirements of those other Directives have also been complied with in respect of the relevant machinery.

(2) No person shall affix the EC mark to any relevant machinery unless that machinery—

(a)satisfies the relevant essential health and safety requirements; and

(b)is safe.

(3) No mark or inscription which is capable of being confused with the EC mark shall be affixed to relevant machinery.

(4) A person who supplies relevant machinery which does not bear the EC mark shall, at the request of an enforcement authority, or of an officer of such an authority, give any information which he has, or which is available to him, concerning the date when the relevant machinery was first supplied in the Community and explain (so far as he is able) why the machinery does not bear that mark.