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SCHEDULE 2U.K.Conformity Assessment Procedures

PART 1U.K.[F1EU-]Type Examination (Module B)

1.  [F2Type] examination (Module B) is a conformity assessment procedure in which [F3an approved] body examines the technical design of a vessel and verifies and attests that the technical design of the vessel meets the applicable requirements of these Regulations that apply to it.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

1.  EU-type examination (Module B) is a conformity assessment procedure in which a notified body examines the technical design of a vessel and verifies and attests that the technical design of the vessel meets the applicable requirements of these Regulations that apply to it.

Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

2.—(1) A manufacturer must lodge an application for [F2Type] examination (Module B) with a single [F4approved] body of the manufacturer's choice.

(2) The application must include—

(a)the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of the authorised representative;

(b)a written declaration that the same application has not been lodged with any other [F4approved] body;

(c)the technical documentation;

(d)where applicable, the prototype vessels (and any further prototype vessels requested by the [F4approved] body if needed for carrying out the test programme) representative of the production envisaged;

(e)the supporting evidence for the adequacy of the technical design solution; this supporting evidence must—

(i)mention any documents that have been used, in particular where the relevant [F5designated] standards have not been applied in full;

(ii)include, where necessary, the results of tests carried out in accordance with other technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under his responsibility.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

2.—(1) A manufacturer must lodge an application for EU-type examination (Module B) with a single notified body of the manufacturer's choice.

(2) The application must include—

(a)the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of the authorised representative;

(b)a written declaration that the same application has not been lodged with any other notified body;

(c)the technical documentation;

(d)where applicable, the prototype vessels (and any further prototype vessels requested by the notified body if needed for carrying out the test programme) representative of the production envisaged;

(e)the supporting evidence for the adequacy of the technical design solution; this supporting evidence must—

(i)mention any documents that have been used, in particular where the relevant harmonised standards have not been applied in full;

(ii)include, where necessary, the results of tests carried out in accordance with other technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under his responsibility.

Extent Information

E11This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

3.—(1) The technical documentation referred to in paragraph 2(2)(c) must—

(a)make it possible to assess the vessel's conformity with the applicable requirements of these Regulations and must include an adequate analysis and assessment of any risks;

(b)specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the vessel;

(c)contain, wherever applicable, at least the following elements—

(i)a general description of the vessel;

(ii)conceptual design and manufacturing drawings and schemes of components;

(iii)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the vessel;

(iv)a list of the [F6designated] standards applied in full or in part (where applicable specifying the parts which have been applied)F7...;

(v)where [F8designated] standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements, including a list of other relevant technical specifications applied;

(vi)results of design calculations made and examinations carried out;

(vii)test reports;

(viii)the instructions and safety information;

(ix)A document describing—

(aa)the materials selected;

(bb)the welding processes selected;

(cc)the checks selected; and

(dd)any pertinent details as to the vessel design.

(2) Where a prototype vessel is examined, the technical documentation must also include—

(a)the certificates relating to the suitable qualification of the welding operations and of the welders or welding operators;

(b)the inspection slip for the materials used in the manufacture of parts and components contributing to the strength of the vessel;

(c)a report on the examination and tests performed or a description of the proposed checks.

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

3.—(1) The technical documentation referred to in paragraph 2(2)(c) must—

(a)make it possible to assess the vessel's conformity with the applicable requirements of these Regulations and must include an adequate analysis and assessment of any risks;

(b)specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the vessel;

(c)contain, wherever applicable, at least the following elements—

(i)a general description of the vessel;

(ii)conceptual design and manufacturing drawings and schemes of components;

(iii)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the vessel;

(iv)a list of the harmonised standards applied in full or in part (where applicable specifying the parts which have been applied), the references to which have been published in the Official Journal;

(v)where harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements, including a list of other relevant technical specifications applied;

(vi)results of design calculations made and examinations carried out;

(vii)test reports;

(viii)the instructions and safety information;

(ix)A document describing—

(aa)the materials selected;

(bb)the welding processes selected;

(cc)the checks selected; and

(dd)any pertinent details as to the vessel design.

(2) Where a prototype vessel is examined, the technical documentation must also include—

(a)the certificates relating to the suitable qualification of the welding operations and of the welders or welding operators;

(b)the inspection slip for the materials used in the manufacture of parts and components contributing to the strength of the vessel;

(c)a report on the examination and tests performed or a description of the proposed checks.

Extent Information

E12This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

4.—(1) The [F4approved] body must examine the technical documentation and supporting evidence in respect of a vessel and, if provided, the prototype representative of the production of the vessel, to assess the adequacy of the technical design of the vessel.

(2) Where a prototype vessel is examined, the [F4approved] body must—

(a)verify that a prototype vessel—

(i)has been manufactured in conformity with the technical documentation;

(ii)may safely be used under its intended working conditions;

(iii)identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

(b)carry out, or arrange the carrying out, of appropriate examinations and tests to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards, these have been applied correctly;

(c)carry out, or arrange the carrying out, of appropriate examinations and tests to check whether, where the solutions in the relevant harmonised standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential safety requirements of these Regulations; and

(d)agree with the manufacturer on a location where the examinations and tests will be carried out.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland onlyText here

Textual Amendments

4.—(1) The notified body must examine the technical documentation and supporting evidence in respect of a vessel and, if provided, the prototype representative of the production of the vessel, to assess the adequacy of the technical design of the vessel.

(2) Where a prototype vessel is examined, the notified body must—

(a)verify that a prototype vessel—

(i)has been manufactured in conformity with the technical documentation;

(ii)may safely be used under its intended working conditions;

(iii)identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

(b)carry out, or arrange the carrying out, of appropriate examinations and tests to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards, these have been applied correctly;

(c)carry out, or arrange the carrying out, of appropriate examinations and tests to check whether, where the solutions in the relevant harmonised standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential safety requirements of these Regulations; and

(d)agree with the manufacturer on a location where the examinations and tests will be carried out.

Extent Information

E13This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

5.  The [F4approved] body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes and, without prejudice to the notifying body's obligations vis-à-vis the Secretary of State, the [F4approved] body may disclose the content of that report, in full or in part, only with the agreement of the manufacturer.

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

5.  The notified body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes and, without prejudice to the notifying body's obligations vis-à-vis the Secretary of State, the notified body may disclose the content of that report, in full or in part, only with the agreement of the manufacturer.

Extent Information

E14This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

6.—(1) Where the type meets the requirements of these Regulations, the [F4approved] body must issue [F9a Type] examination certificate to the manufacturer, which must contain—

(a)the name and address of the manufacturer;

(b)the conclusions of the examination;

(c)the conditions (if any) for its validity;

(d)all relevant information to allow the conformity of manufactured vessels with the examined type to be evaluated and to allow for in-service control; and

(e)the necessary data for the identification of the approved type.

(2) The [F2Type] examination certificate referred to in sub-paragraph (1)—

(a)may have one or more annexes attached;

(b)must be accompanied by the descriptions and drawings necessary for identification of the approved type.

(3) Where the type does not satisfy the applicable requirements of these Regulations, the [F4approved] body must refuse to issue [F10a Type] certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

6.—(1) Where the type meets the requirements of these Regulations, the notified body must issue an EU-type examination certificate to the manufacturer, which must contain—

(a)the name and address of the manufacturer;

(b)the conclusions of the examination;

(c)the conditions (if any) for its validity;

(d)all relevant information to allow the conformity of manufactured vessels with the examined type to be evaluated and to allow for in-service control; and

(e)the necessary data for the identification of the approved type.

(2) The EU-type examination certificate referred to in sub-paragraph (1)—

(a)may have one or more annexes attached;

(b)must be accompanied by the descriptions and drawings necessary for identification of the approved type.

(3) Where the type does not satisfy the applicable requirements of these Regulations, the notified body must refuse to issue an EU-type certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

Extent Information

E15This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

7.—(1) [F11An approved] body must keep itself appraised of any changes to the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and must determine whether such changes require further investigation and, if so, the [F4approved] body must inform the manufacturer accordingly.

(2) A manufacturer must inform the [F4approved] body that holds the technical documentation relating to the [F2Type] examination certificate of all modifications to the approved type that may affect the conformity of the vessel with the essential safety requirements or the conditions for validity of the certificate; such modifications require additional approval in the form of an addition to the original [F2Type] examination certificate.

Extent Information

E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

7.—(1) A notified body must keep itself appraised of any changes to the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and must determine whether such changes require further investigation and, if so, the notified body must inform the manufacturer accordingly.

(2) A manufacturer must inform the notified body that holds the technical documentation relating to the EU-type examination certificate of all modifications to the approved type that may affect the conformity of the vessel with the essential safety requirements or the conditions for validity of the certificate; such modifications require additional approval in the form of an addition to the original EU-type examination certificate.

Extent Information

E16This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

8.—(1) Each [F4approved] body must inform the Secretary of State of all the [F2Type] examination certificates and any additions thereto which it has issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of such certificates and any additions thereto refused, suspended, or otherwise restricted.

(2) Each [F4approved] body must inform the other [F4approved] bodies concerning the [F2Type] examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted and, upon request, concerning such certificates and additions thereto which it has issued.

(3) [F12An approved] body must, on request, provide the [F13Secretary of State] and the other [F4approved]bodies, with a copy of the [F2Type] examination certificates and additions thereto which it has issued.

(4) [F12An approved] body must, on request, provide the [F14Secretary of State] with a copy of the technical documentation and the results of the examinations carried out by the [F4approved] body.

(5) [F12An approved] body must keep a copy of the [F2Type] examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

Extent Information

E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

8.—(1) Each notified body must inform the Secretary of State of all the EU-type examination certificates and any additions thereto which it has issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of such certificates and any additions thereto refused, suspended, or otherwise restricted.

(2) Each notified body must inform the other notified bodies concerning the EU-type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted and, upon request, concerning such certificates and additions thereto which it has issued.

(3) A notified body must, on request, provide the Commission, the [F15relevant states] and the other notified bodies, with a copy of the EU-type examination certificates and additions thereto which it has issued.

(4) A notified body must, on request, provide the Commission and the [F16relevant states] with a copy of the technical documentation and the results of the examinations carried out by the notified body.

(5) A notified body must keep a copy of the EU-type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

Extent Information

E17This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

9.  A manufacturer must keep a copy of the [F2Type] examination certificate, its annexes and additions together with the technical documentation at the disposal of the enforcing authorities for a period of 10 years beginning on the day on which the vessel is placed on the market.

Extent Information

E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

9.  A manufacturer must keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the enforcing authorities for a period of 10 years beginning on the day on which the vessel is placed on the market.

Extent Information

E18This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only