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[F1PART 13U.K.SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS, SUB-PART B: CONFORMITY ASSESSMENT BODIES, SUB-PART C: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Textual Amendments

F1Pt. 13 (regs. 39-77) substituted for Pt. 13 (regs. 39-42) (and therefore original regs. 43, 44 renumbered as new regs. 78, 79, new reg. 80 substituted for original reg. 45 and original regs. 46-49 renumbered as new regs. 81-84) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 7, 8, 9 (with regs. 2(1), 15)

SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORSU.K.MANUFACTURERSU.K.

Design and manufacture in accordance with essential safety requirementsU.K.

39.  Before placing a civil explosive on the market or using it for their own purposes, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential safety requirements.

Technical documentation and conformity assessmentU.K.

40.  Before placing a civil explosive on the market, or using it for their own purposes, a manufacturer must, in respect of that civil explosive—

(a)have a relevant conformity assessment procedure carried out; and

(b)draw up the technical documentation referred to —

(i)for a civil explosive in respect of which the conformity assessment procedure in regulation [F266(2)(a)] is being carried out, in [F3paragraph 2(2)(c) of Part 1 (Module B) of Schedule 17];

(ii)for a civil explosive in respect of which the conformity assessment procedure in regulation [F466(2)(b)] is being carried out, in [F5paragraph 46 of Part 6 (Module G) of Schedule 17].

Textual Amendments

[F6Declaration] of conformity and [F7UK] markingU.K.

41.—(1) Where the conformity of a civil explosive with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the civil explosive on the market or using it for their own purposes—

(a)draw up a declaration of conformity in accordance with regulation 67 F8...; and

(b)affix the [F9UK] marking in accordance with regulation 68 F10....

(2) The manufacturer must keep the EU declaration of conformity up to date.

(3) [F11Where a civil explosive is subject to more than one enactment requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.]

Textual Amendments

Retention of technical documentation and F12... declaration of conformityU.K.

42.  A manufacturer must keep the technical documentation and the F12... declaration of conformity drawn up in respect of a civil explosive for a period of 10 years beginning on the day on which the civil explosive is placed on the market.

Textual Amendments

Compliance procedures for series productionU.K.

43.—(1) A manufacturer of civil explosives which are manufactured by series production must ensure that, before placing such a civil explosive on the market, procedures are in place to ensure that any civil explosive so manufactured will be in conformity with this Part.

(2) In doing so, the manufacturer must take adequate account of —

(a)any change in the design or characteristics of the civil explosive; and

(b)any change in a [F13designated] standard or in another technical specification by reference to which the F14... declaration of conformity was drawn up.

Textual Amendments

Traceability of certain civil explosives excluded from the scope of regulations 33, 34 and 36U.K.

44.—(1) A manufacturer of a civil explosive which is excluded from the scope of regulations 33, 34 and 36 by virtue of regulation 3(15), must, before placing such a civil explosive on the market—

(a)ensure that it bears a type, batch or serial number or other element allowing its identification, and

(b)indicate on the civil explosive—

(i)any of—

(aa)the manufacturer’s name;

(ab)registered trade name; or

(ac)trade mark; and

(ii)a single postal address at which they can be contacted.

(2) Where the small size, shape or design of the civil explosive does not allow the information specified in paragraph (1)(a) to be indicated on it, the manufacturer must ensure that such information is indicated on its packaging or in a document accompanying the civil explosive.

(3) Where it is not possible to indicate the information specified in paragraph (1)(b) on the civil explosive, the manufacturer must indicate that information on the packaging or in a document accompanying the civil explosive.

[F15(4) For a civil explosive that is to be made available on the market in Great Britain the contact details referred to in paragraph (1) must be provided in English.]

Textual Amendments

[F16Instructions and safety informationU.K.

45.—(1) When placing a civil explosive on the market, a manufacturer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

(2) Any labelling on the civil explosive must be clear, legible and in easily understandable English.]]

Textual Amendments