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There are currently no known outstanding effects for the The Electromagnetic Compatibility Regulations 2016, Importers.
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17. An importer must not place apparatus on the market unless it is in conformity with the essential requirements.
18.—(1) Before placing apparatus on the market an importer must ensure that—
(a)a relevant conformity assessment has been carried out by the manufacturer;
(b)the manufacturer has drawn up the technical documentation;
(c)the apparatus—
(i)bears the [F1UK] marking; and
(ii)is accompanied by the required documents; and
(d)the manufacturer has complied with the requirements of regulation 13 (information identifying manufacturer).
(2) In paragraph (1)(c)(ii) “required documents” means any documents that are required to be provided pursuant to regulation 13(2).
Extent Information
E1This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 18(1)(c)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 13 (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
18.—(1) Before placing apparatus on the market an importer must ensure that—
(a)a relevant conformity assessment has been carried out by the manufacturer;
(b)the manufacturer has drawn up the technical documentation;
(c)the apparatus—
(i)bears the CE marking; and
(ii)is accompanied by the required documents; and
(d)the manufacturer has complied with the requirements of regulation 13 (information identifying manufacturer).
(2) In paragraph (1)(c)(ii) “required documents” means any documents that are required to be provided pursuant to regulation 13(2).
19.—(1) Where an importer considers or has reason to believe that apparatus is not in conformity with the essential requirements, the importer must not place the apparatus on the market.
(2) Where apparatus presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.
20.—(1) An importer must, before placing apparatus on the market, ensure that the following appear on the apparatus F2...—
(a)the name, registered trade name or registered trade mark of the importer; and
(b)a postal address at which the importer can be contacted.
[F3(1A) Paragraph (1) does not apply where—
(a)either—
(i)it is not possible to set out the information referred to in paragraph (1) on the packaging of the apparatus or on the apparatus, or
(ii)the importer has imported the apparatus from an EEA state or Switzerland and places it on the market within the period of [F4seven years] beginning with IP completion day, and
(b)before placing the apparatus on the market, the importer sets out the information referred to in paragraph (1) in a document accompanying the apparatus.]
(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [F5enforcing authority].
Extent Information
E2This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F2Words in reg. 20(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 14(a) (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 20(1A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 14(b) (with Sch. 20 para. 33) (as amended by: S.I. 2019/1246, regs. 1(3), 5, 6; S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(i)(iii); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(e)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 20(1A)(a)(ii) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3 para. (g)
F5Words in reg. 20(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 14(c) (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Reg. 20 modified (temp.) by S.I. 2019/392, reg. 6 (as inserted (10.9.2019) by The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(2)(4), 2(3) (with reg. 18))
20.—(1) An importer must, before placing apparatus on the market, ensure that the following appear on the apparatus or, where that is not possible, on the packaging of the apparatus or in a document accompanying the apparatus—
(a)the name, registered trade name or registered trade mark of the importer; and
(b)a postal address at which the importer can be contacted.
(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F11relevant state] in which it is to be made available.
Textual Amendments
F11Words in reg. 20(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 8 para. 3(2)
21.—(1) When placing apparatus on the market, an importer must ensure that the apparatus is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which [F6are clear, legible and in easily understandable English].
F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E3This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F6Words in reg. 21(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 15(a) (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7Reg. 21(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 15(b) (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
21.—(1) When placing apparatus on the market, an importer must ensure that the apparatus is accompanied by instructions and the information referred to in regulation 36 (information concerning the use of apparatus) which is in a language which can be easily understood by consumers and other end-users in the [F12relevant state] in which the apparatus is to be made available.
(2) When the apparatus is being made available to consumers and other end-users in [F13Northern Ireland], the language referred to in paragraph (1) is English.
Textual Amendments
F12Words in reg. 21(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 8 para. 3(2)
F13Words in reg. 21(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 8 para. 3(3)
22. Where an importer has responsibility for apparatus, the importer must ensure that the conditions under which the apparatus is stored or transported do not jeopardise its conformity with the essential requirements.
23.—(1) An importer who considers or has reason to believe that apparatus that the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the apparatus into conformity;
(b)withdraw the apparatus; or
(c)recall the apparatus.
(2) Where the apparatus presents a risk, the importer must immediately inform the market surveillance authority F8... of the risk, giving details of—
(a)the respect in which the apparatus is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E4This version of this provision extends to England, Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F8Words in reg. 23(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 16 (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
23.—(1) An importer who considers or has reason to believe that apparatus that the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the apparatus into conformity;
(b)withdraw the apparatus; or
(c)recall the apparatus.
(2) Where the apparatus presents a risk, the importer must immediately inform the market surveillance authority and the competent authorities of any [F14relevant state] in which the importer has made the apparatus available on the market of the risk, giving details of—
(a)the respect in which the apparatus is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Textual Amendments
F14Words in reg. 23(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 8 para. 3(2)
24. An importer must keep the technical documentation and the [F10EU] declaration of conformity (as referred to in regulation 41) drawn up in respect of the apparatus for a period of 10 years beginning on the day on which the apparatus is placed on the market.
Textual Amendments
F9Word in reg. 24 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 17 (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in reg. 24 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 17 (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
25.—(1) An importer must, when requested by an enforcing authority and within such period as the authority may specify, provide the authority with all of the information and documentation necessary to demonstrate the conformity of the apparatus with Part 2.
(2) A request made under paragraph (1) must be accompanied by the reasons for making the request.
(3) The information and documentation referred to in paragraph (1) —
(a)may be provided in paper or electronic form; and
(b)must be in a language that can be easily understood by the enforcing authority.
(4) An importer must, at the request of the enforcing authority, co-operate with the authority on any action taken to—
(a)evaluate the apparatus in accordance with regulation 56 (evaluation of apparatus presenting a risk); and
(b)eliminate the risks posed by apparatus that importer has placed on the market.
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