36. An importer or distributor (“A”) is to be considered a manufacturer for the purposes of these Regulations, and is subject to the obligations of the manufacturer under this Part, where A—
(a)places pressure equipment or an assembly on the market under A’s own name or trademark; or
(b)modifies pressure equipment or an assembly already placed on the market in such a way that it may affect whether the pressure equipment or assembly is in conformity with Part 2.
37.—(1) Before making pressure equipment or an assembly available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the member State in which it is to be made available on the market.
(2) Where the pressure equipment or assembly is to be made available on the market in the United Kingdom, the language required is English.
38.—(1) An economic operator (“E”) who receives a request in relation to pressure equipment or an assembly from the market surveillance authority before the end of the relevant period must, within such period as that authority may specify, identify to the authority—
(a)any other economic operator who has supplied E with the pressure equipment or assembly; and
(b)any other economic operator to whom E has supplied the pressure equipment or assembly.
(2) The relevant period is—
(a)for information under paragraph (1)(a), 10 years beginning on the day on which E was supplied with the pressure equipment or assembly; and
(b)for information under paragraph (1)(b), 10 years beginning on the day on which E supplied the pressure equipment or assembly.
39.—(1) An economic operator must not affix the CE marking to pressure equipment or an assembly unless—
(a)that economic operator is the manufacturer of the pressure equipment or assembly; and
(b)the conformity of the pressure equipment or assembly with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.
(2) An economic operator must not affix the CE marking to pressure equipment or an assembly where—
(a)the conformity assessment procedure followed in accordance with regulation 41 is either module A2, C2, F or G; and
(b)the conformity assessment procedure has been carried out by a user inspectorate.
(3) An economic operator must not affix to pressure equipment or an assembly a marking which—
(a)is not the CE marking; but
(b)purports to attest that the pressure equipment or assembly is in conformity with the essential safety requirements.
(4) An economic operator must not affix to pressure equipment or an assembly a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.
(5) An economic operator must not affix to pressure equipment or an assembly any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.