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25.—(1) Where an EC declaration of conformity or suitability for use has not been drawn up by the manufacturer or the manufacturer’s authorised representative established in the EU, an EC declaration of conformity or suitability for use must be drawn up by any person who—
(a)places that interoperability constituent on the market; or
(b)uses that interoperability constituent, or any part of it, in any other interoperability constituent that the person is manufacturing or assembling, or in any project subsystem that the person is constructing, upgrading or renewing
before the person places the interoperability constituent on the market with a view to its use on the rail system or uses it or any part of it on the rail system.
(2) An EC declaration of conformity or suitability for use must be drawn up in accordance with the requirements of Annex IV to the Directive.
(3) A person may only draw up an EC declaration of conformity or suitability for use if satisfied that the interoperability constituent satisfies the relevant conditions—
(a)of the applicable TSI, or
(b)of European specifications developed to comply with the conditions of the applicable TSI.
(4) If an interoperability constituent is subject to other requirements of an EU Directive, a person may only draw up an EC declaration of conformity or suitability for use if satisfied that the interoperability constituent meets those other requirements and the person must state in the declaration that the interoperability constituent meets those other requirements.
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