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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Construction Products Regualations 1991 to give effect to Council Directive 93/68/EEC. This amends the CE marking provisions under a number of Directives including the Directive relating to construction products.

The term EC “conformity mark” has been replaced with the term “CE marking”.

The Regulations have been amended to provide for a transitional period and Regulation 5 (CE marking and other information on or accompanying products) has been amended to extend existing references to the manufacturer or his agent to his authorised representative.

Regulation 5 has been further amended to make any person guilty of an offence who affixes to a construction product any mark which is likely to deceive third parties as to the meaning and content of the CE marking.

Regulation 7A enables an enforcement authority where it has reasonable grounds for considering that any of the provisions of regulation 5(3)(a) to (e) have been contravened in relation to a construction product to serve a notice of non-conformity specifying the reasons for that view.

The opportunity has been taken to make a drafting amendment to regulation 5.