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The Recreational Craft Regulations 2017

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  • Sch. 11 para. 1 substituted by S.I. 2024/504 reg. 14
  • reg. 2(1) words substituted by S.I. 2019/696 Sch. 28 para. 2(2)(d) (This amendment not applied to legislation.gov.uk. Sch. 28 para. 2(2)(d) omitted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 3)
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  • reg. 2(1) words substituted by S.I. 2019/696 Sch. 28 para. 2(2)(r) (This amendment not applied to legislation.gov.uk. Sch. 28 para. 2(2)(r) substituted immediately before IP completion day by S.I. 2020/676, regs. 1(1), 4(16)(b))
  • reg. 2(1) words substituted by S.I. 2019/696 Sch. 28 para. 2(2)(t) (This amendment not applied to legislation.gov.uk. Sch. 28 para. 2(2)(t) substituted immediately before IP completion day by S.I. 2020/676, regs. 1(1), 4(16)(c))
  • reg. 2(1) words substituted in earlier amending provision S.I. 2019/696, Sch. 28 para. 2(2)(d) by S.I. 2020/852 reg. 4(2) Sch. 1 para. 1(q)(i) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 1(q)(i) omitted immediately before it comes into force by virtue of S.I. 2020/1460, regs. 1(3), Sch. 4 para. 1(3))
  • reg. 4(1)(g) words substituted by S.I. 2019/696 Sch. 28 para. 4 (This amendment not applied to legislation.gov.uk. Sch. 28 para. 4 substituted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(3))
  • reg. 54 word substituted by S.I. 2019/696 Sch. 28 para. 35(b) (This amendment not applied to legislation.gov.uk. Sch. 28 para. 35(b) substituted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 20(6)(a))

PART 1U.K.GENERAL

Citation and commencementU.K.

1.  These Regulations may be cited as the Recreational Craft Regulations 2017 and come into force on 3rd August 2017 (“the commencement date”).

Commencement Information

I1Reg. 1 in force at 3.8.2017, see reg. 1

InterpretationE+W+S

2.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987(1);

F1...

F2...

“adaptor” means a person who adapts an engine for use in watercraft;

[F3“approved body” has the meaning given to it in regulation 55 (approved bodies);]

“authorised representative” means a person appointed in accordance with regulation 39;

F4...

“Commission” means the Commission of the European Union;

F5...

“components” means the components of watercraft listed in Schedule 2 when placed on the F6... market separately and when intended for installation in watercraft;

“conformity assessment” means the process demonstrating whether the essential requirements relating to a product have been fulfilled;

“conformity assessment body” means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

[F7“declaration of conformity” means the declaration required to be drawn up in accordance with regulation 10;

“designated standard” has the meaning given to it in regulation 2A;]

F8...

the “Directive” means Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft repealing Directive 94/25/EC(3) [F9(as it had effect immediately before IP completion day)];

“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972(4);

“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

“enforcing authority” means any person enforcing these Regulations under regulation 66;

“engine family” means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;

“essential requirements” means the requirements set out in regulation 6;

F10...

F11...

“hull length” means the length of the hull measured in accordance with the [F12designated] standard;

[F13 “importer” means a person who—

(a)

is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

“major craft conversion” means a conversion of a watercraft which—

(a)

changes the means of propulsion of the watercraft;

(b)

involves a major engine modification; or

(c)

alters the watercraft to such an extent that it may not meet the applicable essential requirements;

“major engine modification” means the modification of a propulsion engine which—

(a)

could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; or

(b)

increases the rated power of the engine by more than 15%;

“making available on the market” means any supply for distribution, consumption or use on the [F14market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures a product or has such a product designed or manufactured; and

(b)

markets that product under that person’s name or trademark;

“market surveillance authority” has the meaning set out in regulation 65 (designation of market surveillance authorities);

“means of propulsion” means the method by which the watercraft is propelled;

F15...

F16...

“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

“placing on the market” means the first making available of a product on the [F17market of Great Britain], and related expressions are to be construed accordingly;

[F18“private importer” means a person who—

(a)

is established in the United Kingdom; and

(b)

imports in the course of a non-commercial activity a watercraft from a country outside of the United Kingdom into the United Kingdom with the intention of putting it into service for the person's own use;]

“product” means a product to which these Regulations apply, in accordance with regulation 3;

“propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;

“putting into service” means the first use of a product in the [F19market of Great Britain] by its end-user and related expressions are to be construed accordingly;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93(6);

“recall” means any measure aimed at achieving the return of a watercraft that has already been made available to the end-user and related expressions must be construed accordingly;

“recreational craft” means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres, regardless of the means of propulsion;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 42 (applicable conformity assessment procedures);

“small or medium-sized enterprise” has the same meaning as in Commission Recommendation 2003/361/EC(7);

“technical documentation” has the meaning given in regulation 9 (technical documentation and conformity assessment);

[F20“technical specification” means a document that prescribes technical requirements to be fulfilled by a product;

“UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;]

“watercraft” means any recreational craft or personal watercraft;

“watercraft built for own use” means any watercraft predominantly built by its future user for that user’s own use; and

“withdrawal” means any measure aimed at preventing a watercraft in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to a product being “in conformity with Part 2” means that—

(a)the product is in conformity with the essential requirements;

(b)each economic operator has complied with the obligations imposed on them by Part 2 of these Regulations which must be satisfied at or before the time at which the product is made available on the market.

(3) In these Regulations, except regulation 34 (monitoring) and Schedule 1, “risk” means a risk to—

(a)human health;

(b)the safety of consumers; or

(c)the environment.

F21(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Commencement Information

I2Reg. 2 in force at 3.8.2017, see reg. 1

InterpretationN.I.

2.—(1) In these Regulations—

“the 1987 Act” means the Consumer Protection Act 1987(1);

“accreditation” has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);

“accreditation certificate” means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body of another [F149relevant state], attesting that a conformity assessment body meets the notified body requirements;

“adaptor” means a person who adapts an engine for use in watercraft;

“authorised representative” means a person appointed in accordance with regulation 39;

“CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);

“Commission” means the Commission of the European Union;

“competent national authority” means an authority having responsibility for enforcing the law of a [F150relevant state] which implements the Directive;

“components” means the components of watercraft listed in Schedule 2 when placed on the EU market separately and when intended for installation in watercraft;

“conformity assessment” means the process demonstrating whether the essential requirements relating to a product have been fulfilled;

“conformity assessment body” means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

“Decision 768/2008” means Decision No. 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products(2);

the “Directive” means Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft repealing Directive 94/25/EC(3);

“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972(4);

“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

“enforcing authority” means any person enforcing these Regulations under regulation 66;

“engine family” means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;

“essential requirements” means the requirements set out in regulation 6;

“EU declaration of conformity” means the declaration required to be drawn up in accordance with regulation 10(1)(a) (EU declaration of conformity and CE marking);

“harmonised standard” has the meaning set out in paragraph (c) of Article 2(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC 2004/22/EC, 2007/23/EC 2009/23/EC and 2009/105/EC of the European Parliament and of the Council, and repealing Council Decision 87/95/EEC and Decision 1673/2006/EC of the European Parliament and of the Council(5) (as amended from time to time);

“hull length” means the length of the hull measured in accordance with the harmonised standard;

“importer” means a person who—

(a)

is established within the [F151relevant market], and

(b)

places a product from a [F152market outside of the relevant market on the relevant] market;

“major craft conversion” means a conversion of a watercraft which—

(a)

changes the means of propulsion of the watercraft;

(b)

involves a major engine modification; or

(c)

alters the watercraft to such an extent that it may not meet the applicable essential requirements;

“major engine modification” means the modification of a propulsion engine which—

(a)

could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; or

(b)

increases the rated power of the engine by more than 15%;

“making available on the market” means any supply for distribution, consumption or use on the [F153relevant] market in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;

“manufacturer” means a person who—

(a)

manufactures a product or has such a product designed or manufactured; and

(b)

markets that product under that person’s name or trademark;

“market surveillance authority” has the meaning set out in regulation 65 (designation of market surveillance authorities);

“means of propulsion” means the method by which the watercraft is propelled;

“national accreditation body” means national accreditation body as defined in point 11 of Article 2 of RAMS) (as amended from time to time);

[F154“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;]

“notified body requirements” means the requirements set out in Schedule 11;

“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

“placing on the market” means the first making available of a product on the [F155relevant] market, and related expressions are to be construed accordingly;

“private importer” means a person established within the [F156relevant market] who imports in the course of a non-commercial activity a watercraft from a [F157market outside of the relevant market into the relevant market] with the intention of putting it into service for that person’s own use;

“product” means a product to which these Regulations apply, in accordance with regulation 3;

“propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;

“putting into service” means the first use of a product in the [F158relevant] market by its end-user and related expressions are to be construed accordingly;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93(6);

“recall” means any measure aimed at achieving the return of a watercraft that has already been made available to the end-user and related expressions must be construed accordingly;

“recreational craft” means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres, regardless of the means of propulsion;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 42 (applicable conformity assessment procedures);

[F159“relevant market” means—

(a)

the market in Northern Ireland; and

(b)

the market of the EEA states;]

[F159“relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;]

“small or medium-sized enterprise” has the same meaning as in Commission Recommendation 2003/361/EC(7);

“technical documentation” has the meaning given in regulation 9 (technical documentation and conformity assessment);

[F160“technical specification” means a document that prescribes the technical requirements to be fulfilled by a product;

“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK (NI) Indication) (EU Exit) Regulations 2020;]

“watercraft” means any recreational craft or personal watercraft;

“watercraft built for own use” means any watercraft predominantly built by its future user for that user’s own use; and

“withdrawal” means any measure aimed at preventing a watercraft in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to a product being “in conformity with Part 2” means that—

(a)the product is in conformity with the essential requirements;

(b)each economic operator has complied with the obligations imposed on them by Part 2 of these Regulations which must be satisfied at or before the time at which the product is made available on the market.

(3) In these Regulations, except regulation 34 (monitoring) and Schedule 1, “risk” means a risk to—

(a)human health;

(b)the safety of consumers; or

(c)the environment.

F161(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In these Regulations (except in Part 4 (notification of conformity assessment bodies) and Schedule 11 (notified body requirements) and 12 (obligations of notified bodies)), “notified body” means—

(a)a notified body within the meaning set out in regulation 55 (notified body); or

(b)a notified body under the laws of any other [F162relevant state] which implement the Directive.

Extent Information

E40This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I80Reg. 2 in force at 3.8.2017, see reg. 1

[F22Designated standardE+W+S

2A.—(1) Subject to paragraphs (6) and (7), in these Regulations, a “designated standard” means a technical specification which is—

(a)adopted by a recognised standardisation body [F23or an international standardising body], for repeated or continuous application, with which compliance is not compulsory; and

(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a)the characteristics required of a product, including—

(i)levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b)production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation, a “recognised standardisation body” means any one of the following organisations—

(a)the European Committee for Standardisation (CEN);

(b)the European Committee for Electrotechnical Standardisation (Cenelec);

(c)the European Telecommunications Standards Institute (ETSI);

(d)the British Standards Institution (BSI).

[F24(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]

(4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F25such] technical specifications adopted by the other recognised standardisation bodies [F26or by international standardising bodies as the Secretary of State considers to be relevant.].

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(9) Regulations made under paragraph (8) are to be made by statutory instrument.

(10) A statutory instrument containing regulations made under paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

ScopeU.K.

3.—(1) Subject to regulation 4 (exclusions) these Regulations apply to the following products—

(a)recreational craft and partly completed recreational craft;

(b)personal watercraft and partly completed personal watercraft;

(c)components;

(d)propulsion engines which are installed or specifically intended for installation on or in watercraft;

(e)propulsion engines installed on or in watercraft that are subject to a major engine modification;

(f)watercraft that have been subject to major craft conversion.

(2) A watercraft that can also be used for charter or for sports and leisure training is covered by these Regulations when it is placed on the market for recreational purposes.

Commencement Information

I3Reg. 3 in force at 3.8.2017, see reg. 1

ExclusionsU.K.

4.—(1) The design and construction requirements set out in Part A of Schedule 1 do not apply to the following watercraft—

(a)watercraft intended solely for racing, including rowing racing boats and training boats, labelled as such by the manufacturer;

(b)canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;

(c)surfboards designed to be propelled by wind and to be operated by a person or persons standing;

(d)other surfboards;

(e)original historical watercraft and individual replicas thereof designed before 1950 built predominantly with the original materials and labelled as such by the manufacturer;

(f)experimental watercraft, unless they are placed on the market;

(g)watercraft built for own use, provided that such watercraft are not subsequently placed on the [F27EU] market for a period of five years beginning with the date on which the watercraft was put into service;

(h)watercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2), regardless of the number of passengers;

(i)submersibles;

(j)air cushion vehicles;

(k)hydrofoils;

(l)external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;

(m)amphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land.

(2) The exhaust emission requirements set out in Part B of Schedule 1 do not apply to the following—

(a)propulsion engines installed or specifically intended for installation in the following products—

(i)watercraft intended solely for racing and labelled as such by the manufacturer;

(ii)experimental watercraft, unless they are placed on the market;

(iii)watercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2) regardless of the number of passengers;

(iv)submersibles;

(v)air cushion vehicles;

(vi)hydrofoils;

(vii)amphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate on water and on solid land;

(b)original historical propulsion engines and individual replicas thereof, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in paragraph 4(1)(e) or paragraph 4(1)(h) above;

(c)propulsion engines built for own use provided that such engines are not subsequently placed on the market for a period of five years beginning with the date on which the watercraft was put into service.

(3) The noise emission requirements referred to in Part C of Schedule 1 do not apply to—

(a)any watercraft referred to in paragraph (2); and

(b)watercraft built for own use, provided that they are not placed on the market for a period of five years beginning with the date on which the watercraft was put into service.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 3.8.2017, see reg. 1

Exhibition at trade fairsU.K.

5.  Nothing in these Regulations prevents the showing of a watercraft which does not comply with Part 2 of these Regulations at a trade fair, exhibition or demonstration, provided that a visible sign clearly indicates —

(a)that the product is not in conformity with Part 2 of these Regulations; and

(b)that the product will not be made available on the market or be put into service until it has been brought into conformity.

Commencement Information

I5Reg. 5 in force at 3.8.2017, see reg. 1

PART 2U.K.PLACING PRODUCTS ON THE MARKET

Essential requirementsU.K.

6.  A person may only make a product available on the market or put it into service if that product—

(a)complies with the requirements in Schedule 1; and

(b)does not endanger the health and safety of persons, property or the environment when correctly maintained and used in accordance with its intended purpose.

Commencement Information

I6Reg. 6 in force at 3.8.2017, see reg. 1

Making available and putting into serviceE+W+S

7.—(1) Nothing in these Regulations prevents a person making available in the United Kingdom or putting into service in the United Kingdom—

(a)any watercraft in conformity with Part 2;

(b)any component which is in conformity with Part 2 and which is intended to be incorporated into any watercraft in accordance with the declaration completed by a manufacturer or importer in accordance with Schedule 3;

(c)any of the following propulsion engines—

(i)engines, whether or not installed in watercraft, that are in conformity with Part 2;

F28(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009(9) on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC complying with these Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1.

(2) Where an engine is adapted for installation in a watercraft, a person who so adapts that engine must—

(a)make a declaration, in accordance with Schedule 3, that the adapted engine will continue to meet the emission requirements of F29... Regulation 595/2009, when installed in accordance with the installation instructions the adaptor has provided; and

(b)take full account of the data and other information available from the manufacturer, so that, when the adapted engine is installed in accordance with the installation instructions the adaptor provides, the adapted engine continues to meet the exhaust emission requirements in F30... the Regulation referred to in paragraph (a), whichever is referred to in the declaration submitted in accordance with Schedule 3.

(3) Nothing in these Regulations prevents the making available in the United Kingdom of any partly completed watercraft where the manufacturer or the importer has declared, in accordance with Schedule 3, that the craft complies with the essential requirements at this stage in its construction and that the craft will be completed by others in full compliance with these Regulations.

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

Commencement Information

I7Reg. 7 in force at 3.8.2017, see reg. 1

Making available and putting into serviceN.I.

7.—(1) Nothing in these Regulations prevents a person making available in [F163Northern Ireland] or putting into service in [F163Northern Ireland]—

(a)any watercraft in conformity with Part 2;

(b)any component which is in conformity with Part 2 and which is intended to be incorporated into any watercraft in accordance with the declaration completed by a manufacturer or importer in accordance with Schedule 3;

(c)any of the following propulsion engines—

(i)engines, whether or not installed in watercraft, that are in conformity with Part 2;

(ii)engines installed in watercraft and type-approved in accordance with Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery(8), which comply with—

(aa)stage III A or stage III B or stage IV emission limits for C1 engines, used in other applications than the propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2 of Annex I of Directive 97/68/EC; and

(bb)these Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1;

(iii)engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009(9) on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC complying with these Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1.

(2) Where an engine is adapted for installation in a watercraft, a person who so adapts that engine must—

(a)make a declaration, in accordance with Schedule 3, that the adapted engine will continue to meet the emission requirements of either Directive 97/68/EC or Regulation 595/2009, when installed in accordance with the installation instructions the adaptor has provided; and

(b)take full account of the data and other information available from the manufacturer, so that, when the adapted engine is installed in accordance with the installation instructions the adaptor provides, the adapted engine continues to meet the exhaust emission requirements in either the Directive or the Regulation referred to in paragraph (a), whichever is referred to in the declaration submitted in accordance with Schedule 3.

(3) Nothing in these Regulations prevents the making available in [F163Northern Ireland] of any partly completed watercraft where the manufacturer or the importer has declared, in accordance with Schedule 3, that the craft complies with the essential requirements at this stage in its construction and that the craft will be completed by others in full compliance with these Regulations.

Extent Information

E41This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I81Reg. 7 in force at 3.8.2017, see reg. 1

MANUFACTURERSU.K.

Duty to ensure products comply with the essential requirementsU.K.

8.  Before placing a product on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.

Commencement Information

I8Reg. 8 in force at 3.8.2017, see reg. 1

Technical documentation and conformity assessmentU.K.

9.  Before placing a product on the market a manufacturer must—

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

(b)draw up—

(i)the technical documentation referred to in Schedule 9; and

(ii)any other technical documentation required as part of the relevant conformity assessment procedure to demonstrate the means used by the manufacturer to ensure that the product complies with the essential requirements.

Commencement Information

I9Reg. 9 in force at 3.8.2017, see reg. 1

[F31Declaration of conformity and UK markingE+W+S

10.—(1) Where the conformity of a product with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the product on the market—

(a)draw up a declaration of conformity in accordance with regulation 53; and

(b)affix the UK marking in accordance with regulation 54.

(2) The declaration of conformity must follow the format set out in Schedule 4.

(3) But where a declaration of conformity relates to a partly-completed watercraft, the declaration must follow the format set out in Schedule 3.

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

(5) Where a product is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.]

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

EU declaration of conformity and CE markingN.I.

10.—(1) Where the conformity of a product with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the product on the market—

(a)draw up the EU declaration of conformity in accordance with regulation 53 (EU declaration of conformity); and

(b)affix the CE marking to the product in accordance with regulation 54 (CE marking).

(2) The EU declaration of conformity must follow the format set out in Schedule 4 (EU Declaration of conformity), and be translated into a language required by the [F164relevant state] where the product will be made available or put into service, unless paragraph (3) applies.

(3) If an EU declaration of conformity relates to a partly completed watercraft, that declaration must follow the format set out in Schedule 3 and be translated into a language required by the [F164relevant state] where the partly completed watercraft will be made available or put into service.

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

(5) Where a product is subject to more than one [F165NI Protocol obligation] requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which—

(a)identifies all of the applicable EU instruments; and

(b)includes references to the publication of those EU instruments in the Official Journal of the European Union

Extent Information

E42This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I82Reg. 10 in force at 3.8.2017, see reg. 1

Duty of manufacturers to retain technical documentation and [F32EU] declaration of conformityU.K.

11.  A manufacturer must keep the technical documentation and the [F33EU] declaration of conformity drawn up in respect of a product for a period of 10 years beginning with the day on which the product is placed on the market.

Textual Amendments

Commencement Information

I10Reg. 11 in force at 3.8.2017, see reg. 1

Compliance procedures for series productionE+W+S

12.—(1) The manufacturer of a product which is manufactured by series production must ensure that, before placing the product on the market, procedures are in place to ensure that any product so manufactured will be in conformity with the manufacturer’s obligations under Part 2.

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

(a)any changes in the design or characteristics of a product; and

(b)any changes in the [F34designated] standard or in another technical specification by reference to which the F35... declaration of conformity of the product was drawn up.

Extent Information

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

Textual Amendments

Commencement Information

I11Reg. 12 in force at 3.8.2017, see reg. 1

Compliance procedures for series productionN.I.

12.—(1) The manufacturer of a product which is manufactured by series production must ensure that, before placing the product on the market, procedures are in place to ensure that any product so manufactured will be in conformity with the manufacturer’s obligations under Part 2.

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

(a)any changes in the design or characteristics of a product; and

(b)any changes in the harmonised standard or in another technical specification by reference to which the EU declaration of conformity of the product was drawn up.

Extent Information

E43This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I83Reg. 12 in force at 3.8.2017, see reg. 1

Duty of manufacturers to ensure products are labelledU.K.

13.—(1) Before placing a product on the market, a manufacturer must indicate on the product—

(a)a type, batch or serial number; or

(b)another element which identifies the manufacturer as the manufacturer of the product;

(2) Where, in the case of a component, it is not possible to indicate the information on the component because of the size or nature of the component, the manufacturer must provide the information specified in paragraph (1)—

(a)on the packaging; or

(b)in a document accompanying the component.

Commencement Information

I12Reg. 13 in force at 3.8.2017, see reg. 1

Duty to provide informationU.K.

14.—(1) Before placing a product on the market, a manufacturer must ensure that the product is labelled with—

(a)the manufacturer’s name;

(b)their registered trade name or registered trade mark; and

(c)an address, which is the single point at which they can be contacted.

[F36(2) Where it is not possible to provide the information referred to in paragraph (1) on the product, the manufacturer must ensure that the information is provided—

(a)on the packaging; or

(b)in a document accompanying the product.]

Textual Amendments

Commencement Information

I13Reg. 14 in force at 3.8.2017, see reg. 1

Instructions and safety informationE+W+S

15.—(1) When placing a product on the market, a manufacturer must ensure that it is accompanied by instructions and safety information in [F37English].

F38(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Commencement Information

I14Reg. 15 in force at 3.8.2017, see reg. 1

Instructions and safety informationN.I.

15.—(1) When placing a product on the market, a manufacturer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F166relevant state] in which the product is to be made available.

(2) When the product is being made available to consumers and other end-users in [F167Northern Ireland], that language which can be easily understood is English.

Extent Information

E44This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I84Reg. 15 in force at 3.8.2017, see reg. 1

Duty to take action in respect of product placed on the market which is considered not to be in conformityE+W+S

16.—(1) A manufacturer who considers or has reason to believe that a product that it has placed on the market is not in conformity Part 2, must immediately take the corrective measures necessary to—

(a)bring the product into conformity;

(b)withdraw the product from the market; or

(c)recall it.

(2) Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority F39... of the risk, giving details of—

(a)the reason why the product is not considered to be in conformity; and

(b)any corrective measures taken.

Extent Information

E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I15Reg. 16 in force at 3.8.2017, see reg. 1

Duty to take action in respect of product placed on the market which is considered not to be in conformityN.I.

16.—(1) A manufacturer who considers or has reason to believe that a product that it has placed on the market is not in conformity Part 2, must immediately take the corrective measures necessary to—

(a)bring the product into conformity;

(b)withdraw the product from the market; or

(c)recall it.

(2) Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority and the competent national authorities in any [F168relevant state] in which the manufacturer has made the product available on the market of the risk, giving details of—

(a)the reason why the product is not considered to be in conformity; and

(b)any corrective measures taken.

Extent Information

E45This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I85Reg. 16 in force at 3.8.2017, see reg. 1

Provision of information and co-operationU.K.

17.—(1) A manufacturer must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.

(2) The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.

(3) The manufacturer must, at the request of the enforcing authority, co-operate with the authority on any action taken to eliminate the risks posed by a product that the manufacturer has placed on the market.

Commencement Information

I16Reg. 17 in force at 3.8.2017, see reg. 1

IMPORTERSU.K.

Prohibition on placing products on the marketU.K.

18.  An importer must not place a product on the market unless it complies with the essential requirements.

Commencement Information

I17Reg. 18 in force at 3.8.2017, see reg. 1

Requirements that must be satisfied before an importer places a product on the marketE+W+S

19.—(1) Before placing a product on the market an importer must ensure that—

(a)a relevant conformity assessment [F40procedure] has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation;

(c)the product—

(i)bears the [F41UK] marking; and

(ii)is accompanied by the required documents; and;

(d)the manufacturer has complied with the requirements of regulations 13 (duty of manufacturers to ensure products are labelled) and 14 (duty to provide information).

(2) In paragraph (1)(c)(ii) “required documents” means—

(a)the F42... declaration of conformity; and

(b)the owner’s manual referred to in Schedule 1.

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

Commencement Information

I18Reg. 19 in force at 3.8.2017, see reg. 1

Requirements that must be satisfied before an importer places a product on the marketN.I.

19.—(1) Before placing a product 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 product—

(i)bears the CE marking; and

(ii)is accompanied by the required documents; and;

(d)the manufacturer has complied with the requirements of regulations 13 (duty of manufacturers to ensure products are labelled) and 14 (duty to provide information).

(2) In paragraph (1)(c)(ii) “required documents” means—

(a)the EU declaration of conformity; and

(b)the owner’s manual referred to in Schedule 1.

Extent Information

E46This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I86Reg. 19 in force at 3.8.2017, see reg. 1

Duty not to place a product on the market where an importer suspects that it is not in conformityU.K.

20.—(1) Where an importer believes or has reason to believe that a product is not in conformity with the essential requirements, the importer must not place the product on the market.

(2) Where a product presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Commencement Information

I19Reg. 20 in force at 3.8.2017, see reg. 1

Duty of importer to ensure products are labelledE+W+S

21.—(1) Before placing a product on the market, an importer must indicate on the product—

(a)the importer’s name, registered trade name or registered trade mark; and

(b)the address at which they can be contacted.

[F43(2) Paragraph (1) does not apply where—

(a)either—

(i)in the case of a component, it is not possible to indicate the information specified in paragraph (1) on the component, or

(ii)the importer has imported the product from an EEA state and places it on the market within the period of [F44seven years] beginning with IP completion day, and

(b)before placing the product on the market, the importer indicates the information specified in paragraph (1)—

(i)in the case of component, in a document accompanying the product or on the packaging; or

(ii)in all other cases, in a document accompanying the product.]

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

Commencement Information

I20Reg. 21 in force at 3.8.2017, see reg. 1

Duty of importer to ensure products are labelledN.I.

21.—(1) Before placing a product on the market, an importer must indicate on the product—

(a)the importer’s name, registered trade name or registered trade mark; and

(b)the address at which they can be contacted.

(2) Where, in the case of components, it is not possible to indicate the information on the component, the importer must indicate the information specified in paragraph (1)—

(a)on the packaging; or

(b)in a document accompanying the component.

Extent Information

E47This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I87Reg. 21 in force at 3.8.2017, see reg. 1

Instructions and safety informationE+W+S

22.—(1) When placing a product on the market, an importer must ensure that it is accompanied by instructions and safety information in [F45English].

F46(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Commencement Information

I21Reg. 22 in force at 3.8.2017, see reg. 1

Instructions and safety informationN.I.

22.—(1) When placing a product on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F169relevant state] in which the product is to be made available.

(2) When the product is being made available to consumers and other end-users in [F170Northern Ireland], the language which can be easily understood by consumers and other end-users is English.

Extent Information

E48This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I88Reg. 22 in force at 3.8.2017, see reg. 1

Storage and transportU.K.

23.  An importer must ensure that, while a product is the importer’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential requirements.

Commencement Information

I22Reg. 23 in force at 3.8.2017, see reg. 1

Duty to take action in respect of product placed on the market which is considered not to be in conformityE+W+S

24.—(1) An importer who considers or has reason to believe that a product which 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 product into conformity;

(b)to withdraw the product from the market; or

(c)recall it, if appropriate.

(2) Where the product presents a risk, the importer must immediately inform the market surveillance authority F47... of the risk, giving details of—

(a)the reason or reasons why the product is not considered to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

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

Textual Amendments

Commencement Information

I23Reg. 24 in force at 3.8.2017, see reg. 1

Duty to take action in respect of product placed on the market which is considered not to be in conformityN.I.

24.—(1) An importer who considers or has reason to believe that a product which 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 product into conformity;

(b)to withdraw the product from the market; or

(c)recall it, if appropriate.

(2) Where the product presents a risk, the importer must immediately inform the market surveillance authority and the competent national authorities of any other [F171relevant state] in which the importer has made the product available on the market of the risk, giving details of—

(a)the reason or reasons why the product is not considered to be in conformity with Part 2; and

(b)any corrective measures taken.

Extent Information

E49This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I89Reg. 24 in force at 3.8.2017, see reg. 1

Duty of importers to retain technical documentation and [F48EU] declaration of conformityU.K.

25.  An importer must, for the period of 10 years beginning on the day on which the product is placed on the market—

(a)keep a copy of the [F49EU] declaration of conformity at the disposal of the market surveillance authorities; and

(b)ensure that the technical documentation relating to that product can be made available to the market surveillance authorities upon request.

Textual Amendments

Commencement Information

I24Reg. 25 in force at 3.8.2017, see reg. 1

Provision of information and co-operationU.K.

26.—(1) An importer must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.

(2) The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.

(3) The importer must, at the request of the enforcing authority, co-operate with that authority on any action taken to eliminate the risks posed by a product that the importer has placed on the market.

Commencement Information

I25Reg. 26 in force at 3.8.2017, see reg. 1

DISTRIBUTORSU.K.

Duty to act with due careU.K.

27.  When making a product available on the market, a distributor must act with due care to ensure the conformity of that product with Part 2.

Commencement Information

I26Reg. 27 in force at 3.8.2017, see reg. 1

Making available on the marketE+W+S

28.—(1) Before making a product available on the market, a distributor must verify that—

(a)the product—

(i)bears the [F50UK] marking;

(ii)is accompanied by the required documents;

(iii)is accompanied by the instructions and safety information in [F51English]; and

(b)the manufacturer has complied with the requirements of—

(i)regulation 13 (duty of manufacturers to ensure products are labelled); and

(ii)regulation 14 (duty to provide information); and

(c)the importer has complied with the requirements of regulation 21 (duty of importers to ensure products are labelled).

(2) For the purposes of this regulation “required documents” has the same meaning as in regulation 19(2) (requirements that must be satisfied before an importer places a product on the market).

Extent Information

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

Textual Amendments

Commencement Information

I27Reg. 28 in force at 3.8.2017, see reg. 1

Making available on the marketN.I.

28.—(1) Before making a product available on the market, a distributor must verify that—

(a)the product—

(i)bears the CE marking;

(ii)is accompanied by the required documents;

(iii)is accompanied by the instructions and safety information in a language that can be easily understood by consumers and other end-users in the [F172relevant state] in which the product is to be made available on the market; and

(b)the manufacturer has complied with the requirements of—

(i)regulation 13 (duty of manufacturers to ensure products are labelled); and

(ii)regulation 14 (duty to provide information); and

(c)the importer has complied with the requirements of regulation 21 (duty of importers to ensure products are labelled).

(2) For the purposes of this regulation “required documents” has the same meaning as in regulation 19(2) (requirements that must be satisfied before an importer places a product on the market).

Extent Information

E50This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I90Reg. 28 in force at 3.8.2017, see reg. 1

Duty not to [F52make a product available] on the market where a distributor suspects that it is not in conformityE+W+S

29.—(1) Where a distributor considers or has reason to believe that a product is not in conformity with the essential requirements, the distributor must not [F53make the product available] on the market.

(2) Where a product presents a risk, the distributor must inform the manufacturer or importer, and the market surveillance authority F54... of that risk.

Extent Information

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

Textual Amendments

Commencement Information

I28Reg. 29 in force at 3.8.2017, see reg. 1

Duty not to [F173make a product available] on the market where a distributor suspects that it is not in conformityN.I.

29.—(1) Where a distributor considers or has reason to believe that a product is not in conformity with the essential requirements, the distributor must not [F174make the product available] on the market.

(2) Where a product presents a risk, the distributor must inform the manufacturer or importer, and the market surveillance authority and the competent national authorities of other [F175relevant states] in which the distributor has made the product available on the market of that risk.

Extent Information

E51This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I91Reg. 29 in force at 3.8.2017, see reg. 1

Storage and transportU.K.

30.  A distributor must ensure that, while a product is the distributor’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential requirements.

Commencement Information

I29Reg. 30 in force at 3.8.2017, see reg. 1

Duty to take action in respect of watercraft placed on the market which is considered not to be in conformityE+W+S

31.—(1) A distributor who considers or has reason to believe that a product that the distributor has made available on the market is not in conformity with Part 2 must ensure that corrective measures necessary are taken to—

(a)bring the product into conformity;

(b)to withdraw the product from the market; or

(c)recall it.

(2) Where the product presents a risk, the distributor must immediately inform the market surveillance authority F55... of the risk, giving details of—

(a)the reason or reasons why the product is not considered to be in conformity; and

(b)any corrective measures taken.

Extent Information

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

Textual Amendments

Commencement Information

I30Reg. 31 in force at 3.8.2017, see reg. 1

Duty to take action in respect of watercraft placed on the market which is considered not to be in conformityN.I.

31.—(1) A distributor who considers or has reason to believe that a product that the distributor has made available on the market is not in conformity with Part 2 must ensure that corrective measures necessary are taken to—

(a)bring the product into conformity;

(b)to withdraw the product from the market; or

(c)recall it.

(2) Where the product presents a risk, the distributor must immediately inform the market surveillance authority and the competent national authorities of any other [F176relevant state] in which the distributor has made the product available on the market of the risk, giving details of—

(a)the reason or reasons why the product is not considered to be in conformity; and

(b)any corrective measures taken.

Extent Information

E52This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I92Reg. 31 in force at 3.8.2017, see reg. 1

Provision of information and co-operationU.K.

32.—(1) A distributor must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.

(2) The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.

(3) The distributor must, at the request of the enforcing authority, co-operate with the authority on any action taken to eliminate the risks posed by a product that the distributor has made available F56... on the market.

Textual Amendments

Commencement Information

I31Reg. 32 in force at 3.8.2017, see reg. 1

IMPORTERS AND DISTRIBUTORSU.K.

Cases in which the obligations of manufacturers apply to importers and distributorsU.K.

33.  An importer or a distributor (“A”) who—

(a)places a product on the market under A’s own name or trademark; or

(b)modifies a product already placed on the market in such a way that it may affect whether the product is in conformity with Part 2

is to be treated as the manufacturer of that product for the purposes of these Regulations and must comply with the obligations of a manufacturer set out in this Part.

Commencement Information

I32Reg. 33 in force at 3.8.2017, see reg. 1

MANUFACTURERS AND IMPORTERSU.K.

MonitoringU.K.

34.—(1) Where appropriate with regard to the risks presented by the product to the health and safety of consumers the manufacturer or the importer must carry out monitoring to protect the health and safety of consumers by—

(a)carrying out sample testing of a product made available on the market;

(b)investigate any complaint that a product is not in conformity with Part 2; and

(c)keep a register of—

(i)complaints;

(ii)products that are not in conformity; and

(iii)the recall of any product.

(2) The manufacturer or the importer must keep distributors informed of monitoring carried out under this regulation.

(3) The manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Commencement Information

I33Reg. 34 in force at 3.8.2017, see reg. 1

Translation of EU declaration of conformityN.I.

35.—[F57(1) For the purposes of regulation 10(2) and (3), where the product is to be made available on the market in [F58Northern Ireland], the language required is English.]

Textual Amendments

Commencement Information

I34Reg. 35 in force at 3.8.2017, see reg. 1

PRIVATE IMPORTERS AND ECONOMIC OPERATORSU.K.

Private importersE+W+S

36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—

(a)the product has been designed and manufactured in accordance with the essential requirements; and

(b)the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—

(i)regulation 9 (technical documentation and conformity assessment);

(ii)regulation 10 [F59(declaration of conformity and UK marking)];

(iii)regulation 11 (duty of manufacturers to retain technical documentation and F60... declaration of conformity); and

(iv)regulation 22 (instructions and safety information).

(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).

(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.

(4) The private importer must ensure that the name and postal address of the [F61approved] body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.

Extent Information

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

Textual Amendments

Commencement Information

I35Reg. 36 in force at 3.8.2017, see reg. 1

Private importersN.I.

36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—

(a)the product has been designed and manufactured in accordance with the essential requirements; and

(b)the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—

(i)regulation 9 (technical documentation and conformity assessment);

(ii)regulation 10 (EU declaration of conformity and CE marking);

(iii)regulation 11 (duty of manufacturers to retain technical documentation and EU declaration of conformity); and

(iv)regulation 22 (instructions and safety information).

(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).

(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.

(4) The private importer must ensure that the name and postal address of the notified body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.

Extent Information

E53This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I93Reg. 36 in force at 3.8.2017, see reg. 1

Identification of economic operatorsU.K.

37.—(1) An economic operator (“E”) who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a)any economic operator who has supplied E with a product; and

(b)any economic operator to whom E has supplied a product.

(2) The relevant period is—

(a)for information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the product;

(b)for information under paragraph (1)(b) a period of 10 years beginning on the day on which E supplied the product.

Commencement Information

I36Reg. 37 in force at 3.8.2017, see reg. 1

Obligations on private importers to identify economic operatorsU.K.

38.—(1) A private importer who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the market surveillance authority may specify, identify to the market surveillance authority any economic operator which has supplied the private importer with a product.

(2) The relevant period is a period of 10 years beginning on the day on which the private importer was supplied with a product.

Commencement Information

I37Reg. 38 in force at 3.8.2017, see reg. 1

AUTHORISED REPRESENTATIVESU.K.

Authorised representativesE+W+S

39.—(1) A manufacturer may by written mandate, appoint a person established in the [F62United Kingdom] as their authorised representative to perform specified tasks on their behalf.

(2) A manufacturer who has appointed an authorised representative to perform, on the manufacturer’s behalf, a task under these Regulations remains responsible for the proper performance of the task.

(3) The mandate must allow the authorised representative to do at least the following in relation to a product covered by the mandate—

(a)keep a copy of—

(i)the F63... declaration of conformity; and

(ii)the technical documentation referred to in regulation 9 (technical documentation and conformity assessment)

at the disposal of the enforcing authority F64..., for a period of 10 years beginning on the day on which the product is placed on the market;

(b)provide, following a reasoned request from an enforcing authority, all of the information and documentation necessary to demonstrate the conformity of a the product with the essential requirements; and

(c)co-operate with the [F65enforcing authority], upon their request, on any action to eliminate the risks posed by a product covered by their mandate.

(4) The obligations in regulation 8 (duty to ensure watercraft comply with essential requirements) and regulation 9 (technical documentation and conformity assessment) must not form part of an authorised representative’s mandate.

(5) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—

(a)as far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; and

(b)if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

Extent Information

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

Textual Amendments

Commencement Information

I38Reg. 39 in force at 3.8.2017, see reg. 1

Authorised representativesN.I.

39.—(1) A manufacturer may by written mandate, appoint a person established in [F177a relevant state] as their authorised representative to perform specified tasks on their behalf.

(2) A manufacturer who has appointed an authorised representative to perform, on the manufacturer’s behalf, a task under these Regulations remains responsible for the proper performance of the task.

(3) The mandate must allow the authorised representative to do at least the following in relation to a product covered by the mandate—

(a)keep a copy of—

(i)the EU declaration of conformity; and

(ii)the technical documentation referred to in regulation 9 (technical documentation and conformity assessment)

at the disposal of the enforcing authority and competent national authorities, for a period of 10 years beginning on the day on which the product is placed on the market;

(b)provide, following a reasoned request from an enforcing authority, all of the information and documentation necessary to demonstrate the conformity of a the product with the essential requirements; and

(c)co-operate with the competent national authorities, upon their request, on any action to eliminate the risks posed by a product covered by their mandate.

(4) The obligations in regulation 8 (duty to ensure watercraft comply with essential requirements) and regulation 9 (technical documentation and conformity assessment) must not form part of an authorised representative’s mandate.

(5) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—

(a)as far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; and

(b)if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

Extent Information

E54This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I94Reg. 39 in force at 3.8.2017, see reg. 1

MISCELLANEOUSU.K.

Prohibition on improper use of [F66UK] markingE+W+S

40.—(1) An economic operator must not affix the [F67UK] marking to a product unless—

(a)the economic operator is the manufacturer; and

(b)the conformity of the product with the essential requirements has been demonstrated by the relevant conformity assessment procedure.

(2) An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [F67UK] marking.

(3) An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the [F67UK] marking would be impaired as a result.

Extent Information

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

Textual Amendments

Commencement Information

I39Reg. 40 in force at 3.8.2017, see reg. 1

Prohibition on improper use of CE markingN.I.

40.—(1) An economic operator must not affix the CE marking to a product unless—

(a)the economic operator is the manufacturer; and

(b)the conformity of the product with the essential requirements has been demonstrated by the relevant conformity assessment procedure.

(2) An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.

(3) An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.

Extent Information

E55This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I95Reg. 40 in force at 3.8.2017, see reg. 1

[F68Obligations that are met by complying with obligations in the DirectiveE+W+S

40A.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article of or Annex to the Directive;

(b)“CE marking” has the meaning given in Article 3(28);

(c)“harmonised standard” has the meaning given in Article 3(20).

(2) For the purposes of this regulation, references to the requirements set out in Article 4(1) and Annex I are to be read as if they include a requirement that the owner's manuals referred to in point 2.5 of Part A of Annex I and point 4 of Part B of that Annex must be in English (instead of in a language or languages which can be easily understood by consumers and other end-users, as determined by the member State concerned).

(3) Where a product meets the requirements set out in Article 4(1) and Annex I—

(a)the requirements of regulation 6(a) and (b) are to be treated as being satisfied;

(b)regulation 2(2)(a) applies subject to the modification set out in paragraph (15)(c).

(4) Subject to paragraphs (8) and (9), paragraph (5) applies where, before placing a product on the market, the manufacturer—

(a)ensures that the product has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I;

(b)draws up the technical documentation in accordance with Article 25;

(c)carries out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 or has it carried out;

(d)ensures that the technical documentation and any other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(e)affixes a CE marking to the product in accordance with Articles 16 to 18;

(f)draws up an EU declaration of conformity in accordance with Article 15; and

(g)ensures that the EU declaration of conformity is prepared in or translated into English.

(5) Where this paragraph applies—

(a)the requirements of regulations 8, 9 and 10(1), (2), (3) and (5) are to be treated as being satisfied;

(b)regulations 10(4), 11, 12(2), 39(3) and 40 apply subject to the modifications set out in paragraph (15);

(c)Part 3 (except for regulations 43(2) and (3) and 48) does not apply;

(d)regulation 71 does not apply.

(6) Subject to paragraphs (8) and (9), paragraph (7) applies where, before placing a product on the market, the importer ensures that—

(a)the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 has been carried out;

(b)the manufacturer has drawn up the technical documentation in accordance with Article 25; and

(c)the product bears the CE marking in accordance with Articles 16 to 18.

(7) Where this paragraph applies—

(a)the requirements of regulation 19(1)(a), (b) and (c)(i) are to be treated as being satisfied;

(b)regulations 18, 19(2), 20, 23 and 25 apply subject to the modifications set out in paragraph (15).

(8) This paragraph applies where there is no designated standard or part of a designated standard that corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 14.

(9) Where paragraph (8) applies, paragraphs (4)(c) and (6)(a) of this regulation are to be read as requiring—

(a)in respect of products referred to in Article 20(1)(b)(i), one of the conformity assessment procedures (combination of procedures) referred to in the second indent of Article 20(1)(b)(i);

(b)in respect of exhaust emissions for products referred to in points (d) and (e) of Article 2(1), one of the conformity assessment procedures (or combinations of procedures) referred to in Article 21(b);

(c)in respect of noise emissions for products referred to in Article 22(1)—

(i)the conformity assessment procedure referred to in Article 22(1)(b); or

(ii)where applicable in accordance with Article 22(1)(c), one of the conformity assessment procedures referred to in Article 22(1)(c);

(d)in respect of noise emissions for products referred to in Article 22(2), the conformity assessment procedure referred to in Article 22(2)(b).

(10) Paragraph (11) applies where, before making a product available on the market, the distributor ensures that the product bears the CE marking in accordance with Articles 16 to 18.

(11) Where this paragraph applies—

(a)the requirement of regulation 28(1)(a)(i) is to be treated as being satisfied;

(b)regulations 19(2) (which contains the definition of “required documents” for the purposes of regulation 28), 29 and 30 apply subject to the modifications set out in paragraph (15).

(12) Paragraph (13) applies where the private importer—

(a)ensures before putting a product into service that the product has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I; and

(b)ensures that the name and postal address of the notified body that carried out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 is marked on the product.

(13) Where this paragraph applies, the requirements of regulation 36(1)(a) and 36(4) are to be treated as being satisfied.

(14) Where, before placing a product on the market or putting a product into service, a person applies the procedure referred to in Article 23 to the product, the requirements of regulation 43 are to be treated as being satisfied.

(15) The modifications referred to in paragraphs (3)(b), (5)(b), (7)(b) and (11)(b) are that—

(a)any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b)any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c)any reference to “essential requirements” is to be read as a reference to the requirements set out in Article 4(1) and Annex I (as modified by paragraph (2));

(d)any reference to “UK marking” is to be read as a reference to the CE marking;

(e)any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedures that apply to the product in accordance with Articles 19 to 22 and 24;

(f)any reference to “technical documentation” is a reference to the technical documentation referred to in Article 25.]

Textual Amendments

[F68Conformity assessment procedure obligation which is met by complying with the DirectiveE+W+S

40B.—(1) In this regulation any reference to an Article or an Annex is a reference to an Article of or Annex to the Directive.

(2) Paragraph (3) applies where—

(a)Articles 20 or 21 provide that the conformity assessment procedure referred to as Module B in those Articles may be carried out in relation to a product; and

(b)prior to the manufacture of a product, the manufacturer ensures that—

(i)the product has been designed in accordance with the essential requirements set out in Annex I to the Directive;

(ii)the conformity assessment procedure referred to as Module B in Articles 20 and 21 has been carried out in relation to that product, in accordance with those Articles and with Article 24(1).

(3) Where this paragraph applies—

(a)the requirement in regulation 42 to apply the conformity assessment procedure referred to in regulations 44 and 45 as Module B is to be treated as being satisfied in relation to that product;

(b)any reference to “relevant conformity assessment procedure” in regulations 9, 10(1), 19(1)(a), 36(4), 40(1)(b) and 53(b) is to be read as including the conformity assessment procedure referred to in Articles 20, 21 and 24 as Module B; and

(c)any reference to “technical documentation” in regulations 9(b), 11, 19(1)(b), 25(b) and 36(3) is to be read as including the technical documentation relating to the design of the product referred to in Article 25 of the Directive;

(d)the reference to “approved body” in regulation 36(4) is to be read as the body that undertook the conformity assessment procedure referred to as Module B in Articles 20 or 21.]

Textual Amendments

[F68 Expiry of regulations 40A and 40BE+W+S

40C.—(1) Subject to paragraph (2), regulation 40A ceases to have effect at the end of the period of [F69four years] beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 40A—

(a)any product which was placed on the market pursuant to regulation 40A may continue to be made available on the market on or after the expiry of regulation 40A;

(b)any obligation to which a person was subject under regulation 40A in respect of a product placed on the market pursuant to regulation 40A continues to have effect after the expiry of regulation 40A, in respect of that product.

(3) Subject to paragraph (4), regulation 40B ceases to have effect at the end of the period of [F70four years] beginning with IP completion day.

(4) Where a conformity assessment procedure has been completed pursuant to regulation 40B in relation to a product prior to the expiry of regulation 40B, regulation 40B continues to apply in respect of that product where—

(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;

(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and

(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.

(5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after the conformity assessment procedure referred to as Module B in Articles 20 and 21 of the Directive has been carried out in relation to that product, in accordance with Article 24(1) of the Directive.]

Textual Amendments

[F68Qualifying Northern Ireland GoodsE+W+S

40D.—(1) Where paragraph (2) applies a product is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a)a product—

(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)is qualifying Northern Ireland goods; and

(b)an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer—

(a)complies with regulation 21;

(b)ensures that—

(i)the relevant conformity assessment procedure has been carried out in relation to the product;

(ii)the manufacturer has drawn up the technical documentation; and

(iii)the product bears the CE marking.

(4) In this regulation—

“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland. ]

Textual Amendments

PART 3U.K.CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES

Presumption of conformityE+W+S

41.—(1) A product which is in conformity with a [F71designated] standard (or part of such a standard) F72... is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

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

Textual Amendments

Commencement Information

I40Reg. 41 in force at 3.8.2017, see reg. 1

Presumption of conformityN.I.

41.—(1) A product which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal of the European Union is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E56This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I96Reg. 41 in force at 3.8.2017, see reg. 1

Applicable conformity assessment proceduresE+W+S

42.  Before placing a product on the market the manufacturer must apply the conformity assessment procedures set out in the modules set out in [F73Schedule 15] and referred to in regulations 44 (design and construction) to 47 (noise emissions: personal watercraft).

Extent Information

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

Textual Amendments

Commencement Information

I41Reg. 42 in force at 3.8.2017, see reg. 1

Applicable conformity assessment proceduresN.I.

42.  Before placing a product on the market the manufacturer must apply the conformity assessment procedures set out in the modules set out in Annex II of Decision 768/2008 and referred to in regulations 44 (design and construction) to 47 (noise emissions: personal watercraft).

Extent Information

E57This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I97Reg. 42 in force at 3.8.2017, see reg. 1

Duty to carry out the post construction assessmentU.K.

43.—(1) Before putting a product into service a private importer must apply the procedure referred to in regulation 48 (requirements of the post-construction assessment) to that product if the manufacturer of the product has not already carried out the conformity assessment for the product concerned.

(2) Any person must, before placing or putting into service on the market—

(a)a propulsion engine or watercraft which has had a major engine modification or major craft conversion; or

(b)a watercraft which has had a change in its intended purpose so that it falls within scope of these Regulations

apply the procedure referred to in regulation 48 (requirements of the post-construction assessment).

(3) Any person placing on the market a watercraft built for own use before the end of the five-year period beginning on the day on which the watercraft was put into service, must apply the procedure referred to in regulation 48 before placing the watercraft on the market.

Commencement Information

I42Reg. 43 in force at 3.8.2017, see reg. 1

Design and constructionE+W+S

44.—(1) With regard to the design and construction of recreational craft, the following conformity assessment procedures set out in [F74Schedule 15] apply—

(a)for design categories A and B referred to in paragraph 1 of Part A of Schedule 1—

(i)for recreational craft of hull length from 2.5 metres to less than 12 metres, any of the following modules—

(aa)Module A1 (internal production control plus supervised product testing);

(bb)Module B [F75(type examination)] together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);

(cc)Module G (conformity based on unit verification);

(dd)Module H (conformity based on full quality assurance);

(ii)for recreational craft of hull length from 12 metres to less than 24 metres, any of the following modules—

(aa)Module B [F75(type examination)] together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(bb)Module G (conformity based on unit verification);

(cc)Module H (conformity based on full quality assurance);

(b)for design category C referred to in paragraph 1 of Part A of Schedule 1—

(i)for recreational craft of hull length from 2.5 metres to less than 12 metres where the [F76designated] standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are complied with, any of the following modules—

(aa)Module A (internal production control);

(bb)Module A1 (internal production control plus supervised product testing);

(cc)Module B ([F77type examination] together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(dd)Module G (conformity based on unit verification);

(ee)Module H (conformity based on full quality assurance);

(ii)for recreational craft of hull length from 2.5 metres to less than 12 metres where the [F76designated] standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are not complied with, any of the following modules—

(aa)Module A1 (internal production control plus supervised testing);

(bb)Module B ([F77type examination]) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;

(cc)Module G (conformity based on unit verification);

(dd)Module H (conformity based on full quality assurance);

(iii)for recreational craft of hull length from 12 metres to 24 metres, any of the following modules—

(aa)Module B ([F77type examination]) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;

(bb)Module G (conformity based on unit verification);

(cc)Module H (conformity based on full quality assurance);

(c)for design category D referred to in paragraph 1 of Part A of Schedule 1 for recreational craft of hull length of 2.5 metres to 24 metres, any of the following modules—

(i)Module A (internal production control);

(ii)Module A1 (internal production control plus supervised testing);

(iii)Module B ([F78type examination] together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);

(iv)Module G (conformity based on unit verification);

(v)Module H (conformity based on full quality assurance).

(2) With regard to the design and construction of personal watercraft, any of the following procedures set out in [F79Schedule 15] apply—

(a)Module A (internal production control);

(b)Module A1 (internal production control plus supervised testing);

(c)Module B ([F80type examination] together with Module C conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(d)Module G (conformity based on unit verification);

(e)Module H (conformity based on full quality assurance).

(3) With regard to the design and construction of components any of the following procedures set out in [F81Schedule 15] apply—

(a)Module B [F82(type examination)] together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

Extent Information

E19This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I43Reg. 44 in force at 3.8.2017, see reg. 1

Design and constructionN.I.

44.—(1) With regard to the design and construction of recreational craft, the following conformity assessment procedures set out in Annex II to Decision 768/2008/EC apply—

(a)for design categories A and B referred to in paragraph 1 of Part A of Schedule 1—

(i)for recreational craft of hull length from 2.5 metres to less than 12 metres, any of the following modules—

(aa)Module A1 (internal production control plus supervised product testing);

(bb)Module B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);

(cc)Module G (conformity based on unit verification);

(dd)Module H (conformity based on full quality assurance);

(ii)for recreational craft of hull length from 12 metres to less than 24 metres, any of the following modules—

(aa)Module B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(bb)Module G (conformity based on unit verification);

(cc)Module H (conformity based on full quality assurance);

(b)for design category C referred to in paragraph 1 of Part A of Schedule 1—

(i)for recreational craft of hull length from 2.5 metres to less than 12 metres where the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are complied with, any of the following modules—

(aa)Module A (internal production control);

(bb)Module A1 (internal production control plus supervised product testing);

(cc)Module B (EU type-examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(dd)Module G (conformity based on unit verification);

(ee)Module H (conformity based on full quality assurance);

(ii)for recreational craft of hull length from 2.5 metres to less than 12 metres where the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are not complied with, any of the following modules—

(aa)Module A1 (internal production control plus supervised testing);

(bb)Module B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;

(cc)Module G (conformity based on unit verification);

(dd)Module H (conformity based on full quality assurance);

(iii)for recreational craft of hull length from 12 metres to 24 metres, any of the following modules—

(aa)Module B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;

(bb)Module G (conformity based on unit verification);

(cc)Module H (conformity based on full quality assurance);

(c)for design category D referred to in paragraph 1 of Part A of Schedule 1 for recreational craft of hull length of 2.5 metres to 24 metres, any of the following modules—

(i)Module A (internal production control);

(ii)Module A1 (internal production control plus supervised testing);

(iii)Module B (EU- type examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);

(iv)Module G (conformity based on unit verification);

(v)Module H (conformity based on full quality assurance).

(2) With regard to the design and construction of personal watercraft, any of the following procedures set out in Annex II to Decision 768/2008/EC apply—

(a)Module A (internal production control);

(b)Module A1 (internal production control plus supervised testing);

(c)Module B (EU type-examination together with Module C conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(d)Module G (conformity based on unit verification);

(e)Module H (conformity based on full quality assurance).

(3) With regard to the design and construction of components any of the following procedures set out in Annex II to Decision 768/2008/EC apply—

(a)Module B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

Extent Information

E58This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I98Reg. 44 in force at 3.8.2017, see reg. 1

Exhaust emissionsE+W+S

45.  With regard to exhaust emissions, for products referred to in regulation 3(1)(d) and (e), the engine manufacturer must apply the following procedures set out in [F83Schedule 15]—

(a)where the tests are conducted using the [F84designated] standard, any of the following modules—

(i)Module B [F85(type examination)] together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);

(ii)Module G (conformity based on unit verification);

(iii)Module H (conformity based on full quality assurance);

(b)where the tests are conducted without using the [F86designated] standard, either of the following modules—

(i)Module B [F87(type examination)] together with Module C1 (conformity to type based on internal production control plus supervised product testing);

(ii)Module G (conformity based on unit verification).

Extent Information

E20This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I44Reg. 45 in force at 3.8.2017, see reg. 1

Exhaust emissionsN.I.

45.  With regard to exhaust emissions, for products referred to in regulation 3(1)(d) and (e), the engine manufacturer must apply the following procedures set out in Annex II to Decision 768/2008/EC—

(a)where the tests are conducted using the harmonised standard, any of the following modules—

(i)Module B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);

(ii)Module G (conformity based on unit verification);

(iii)Module H (conformity based on full quality assurance);

(b)where the tests are conducted without using the harmonised standard, either of the following modules—

(i)Module B (the EU- type examination) together with Module C1 (conformity to type based on internal production control plus supervised product testing);

(ii)Module G (conformity based on unit verification).

Extent Information

E59This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I99Reg. 45 in force at 3.8.2017, see reg. 1

Noise emissions: recreational craftE+W+S

46.—(1) The manufacturer must apply the relevant procedures in paragraphs (2) to (4) as set out in [F88Schedule 15] with regard to the noise emissions for recreational craft with—

(a)stern drive propulsion engines without integral exhausts or inboard propulsion engine installations; and

(b)stern drive propulsion engines without integral exhausts or inboard propulsion engine installations which are subject to major craft conversion and are subsequently placed on the market within the period of 5 years from the day on which that conversion was completed.

(2) Where tests are conducted using the [F89designated] standard for noise measurement, any of the following modules apply—

(a)Module A1 (internal production plus supervised product testing);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

(3) Where tests are conducted without using the [F90designated] standard for noise measurement, Module G (conformity based on unit verification) applies.

(4) Where the Froude number of power displacement ratio method is used for assessment, any of the following modules apply—

(a)Module A (internal production control);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

Extent Information

E21This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I45Reg. 46 in force at 3.8.2017, see reg. 1

Noise emissions: recreational craftN.I.

46.—(1) The manufacturer must apply the relevant procedures in paragraphs (2) to (4) as set out in Annex II to Decision 768/2008/EC with regard to the noise emissions for recreational craft with—

(a)stern drive propulsion engines without integral exhausts or inboard propulsion engine installations; and

(b)stern drive propulsion engines without integral exhausts or inboard propulsion engine installations which are subject to major craft conversion and are subsequently placed on the market within the period of 5 years from the day on which that conversion was completed.

(2) Where tests are conducted using the harmonised standard for noise measurement, any of the following modules apply—

(a)Module A1 (internal production plus supervised product testing);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

(3) Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification) applies.

(4) Where the Froude number of power displacement ratio method is used for assessment, any of the following modules apply—

(a)Module A (internal production control);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

Extent Information

E60This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I100Reg. 46 in force at 3.8.2017, see reg. 1

Noise emissions: personal watercraftE+W+S

47.—(1) The personal watercraft or engine manufacturer must apply the relevant procedure in paragraphs (2) or (3) as set out in [F91Schedule 15], with regard to noise emissions for—

(a)personal watercraft and outboard propulsion engines; and

(b)stern drive propulsion engines with integral exhausts intended for installation on recreational craft.

(2) Where the tests are conducted using the [F92designated] standard for noise measurement, any of the following modules apply—

(a)Module A1 (internal production control plus supervised product testing);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

(3) Where the tests are conducted without using the [F93designated] standard for noise measurement, Module G (conformity based on unit verification) applies.

Extent Information

E22This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I46Reg. 47 in force at 3.8.2017, see reg. 1

Noise emissions: personal watercraftN.I.

47.—(1) The personal watercraft or engine manufacturer must apply the relevant procedure in paragraphs (2) or (3) as set out in Annex II to Decision 768/2008/EC, with regard to noise emissions for—

(a)personal watercraft and outboard propulsion engines; and

(b)stern drive propulsion engines with integral exhausts intended for installation on recreational craft.

(2) Where the tests are conducted using the harmonised standard for noise measurement, any of the following modules apply—

(a)Module A1 (internal production control plus supervised product testing);

(b)Module G (conformity based on unit verification);

(c)Module H (conformity based on full quality assurance).

(3) Where the tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification) applies.

Extent Information

E61This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I101Reg. 47 in force at 3.8.2017, see reg. 1

Requirements of the post-construction assessmentU.K.

48.  A post-construction assessment must be carried out in accordance with the process set out in Schedule 5.

Commencement Information

I47Reg. 48 in force at 3.8.2017, see reg. 1

SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY ASSESSMENTSU.K.

Conformity assessments carried out under Module B (EU-type examination)U.K.

49.—[F94(1) Where an economic operator has a conformity assessment carried out on a product under Module B (EU-type examination) of Annex II to Decision 768/2008/EC in relation to a product, the conformity assessment must be carried out in the manner set out in Schedule 10.

(2) A production type may cover several versions of the assessed product, if—

(a)the differences between the versions of the product do not affect the level of safety and the other requirements concerning the performance of the product; and

(b)the different versions of the product are referred to in the corresponding EU-type examination certificate, if necessary by means of amendments to the original certificate.

(3) For the purposes of this regulation—

“production type” means an examination of the adequacy of the technical design of the watercraft through examination of the technical documentation specified in paragraph 3 of Schedule 10 and a specimen watercraft that is representative of the completed watercraft that is to be or has been produced by the manufacturer.]

Textual Amendments

Commencement Information

I48Reg. 49 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)E+W+S

50.—(1) Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) [F95as set out in Schedule 15]—

(a)the product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; and

(b)the requirements set out in Schedule 6 apply.

F96(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E23This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I49Reg. 50 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)N.I.

50.—(1) Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) of Annex II to Decision 768/2008/EC—

(a)the product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; and

(b)the requirements set out in Schedule 6 apply.

(2) The possibility, referred to in Modules A1 and C1 of Annex II of Decision 768/2008, of using an accredited in-house body to perform a conformity assessment under those modules is not applicable in relation to watercraft.

Extent Information

E62This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I102Reg. 50 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module F (conformity to type based on product verification)E+W+S

51.  Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) [F97as set out in Schedule 15], the procedure set out in Schedule 7 applies.

Extent Information

E24This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I50Reg. 51 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module F (conformity to type based on product verification)N.I.

51.  Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) of Annex II to Decision 768/2008/EC, the procedure set out in Schedule 7 applies.

Extent Information

E63This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I103Reg. 51 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module C (conformity to type based on internal production control)E+W+S

52.—(1) This regulation applies where—

(a)an economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) [F98set out in Schedule 15];

(b)Module C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; and

(c)the manufacturer is not working under a relevant quality system as described in Module H [F99set out in Schedule 15].

(2) [F100An approved] body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by [F101the approved] body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.

(3) When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.

Extent Information

E25This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I51Reg. 52 in force at 3.8.2017, see reg. 1

Conformity assessments carried out under Module C (conformity to type based on internal production control)N.I.

52.—(1) This regulation applies where—

(a)an economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) of Annex II of Decision 768/2008/EC;

(b)Module C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; and

(c)the manufacturer is not working under a relevant quality system as described in Module H of Annex II to Decision 768/2008/EC.

(2) A notified body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by the notified body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.

(3) When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.

Extent Information

E64This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I104Reg. 52 in force at 3.8.2017, see reg. 1

[F102Declaration] of conformityE+W+S

53.  The F103... declaration of conformity for a product must—

(a)state that the product complies with the essential requirements;

(b)contain the elements specified in regulations 44 to 47 for the relevant conformity assessment [F104procedure] in respect of the product; and

(c)be set out in accordance with the model structure set out in Schedule 4.

Extent Information

E26This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I52Reg. 53 in force at 3.8.2017, see reg. 1

EU declaration of conformityN.I.

53.  The EU declaration of conformity for a product must—

(a)state that the product complies with the essential requirements;

(b)contain the elements specified in regulations 44 to 47 for the relevant conformity assessment in respect of the product; and

(c)be set out in accordance with the model structure set out in Schedule 4.

Extent Information

E65This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I105Reg. 53 in force at 3.8.2017, see reg. 1

[F105UK marking]E+W+S

54.—[F106(1) The UK marking must be affixed visibly, legibly and indelibly—

(a)to the product; or

(b)where paragraph (1A) applies, to—

(i)a label affixed to the product; or

(ii)a document accompanying the product.]

[F107(1A) For a period of [F108seven years] beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the product; or

(b)a document accompanying the product.]

(2) Where [F109paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of a component to affix the [F110UK] marking in accordance with [F111paragraph (1)(a)], the [F110UK] marking must be affixed to—

(a)the packaging; and

(b)the accompanying documents.

(3) [F112Except where paragraph (3A) applies] where the product referred to in paragraph (1)—

(a)is a watercraft, the [F113UK] marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; or

(b)is a propulsion engine, the [F113UK] marking must be affixed on the engine.

[F114(3A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

(a)a label affixed to the watercraft or propulsion engine; or

(b)a document accompanying the watercraft or propulsion engine.]

(4) The [F115UK] marking must be followed by the identification number of the [F116approved] body where—

(a)that body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in [F117Schedule 15]; or

(b)where a post construction assessment set out in Schedule 5 of these Regulations is being used.

(5) The identification number of the [F118approved] body must be affixed—

(a)by the [F118approved] body itself; or

(b)under the instructions of the [F118approved] body by the manufacturer.

Extent Information

E27This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I53Reg. 54 in force at 3.8.2017, see reg. 1

CE markingN.I.

54.—(1) The CE marking must be affixed visibly, legibly and indelibly to the product.

(2) Where it is not possible or warranted, on account of the nature of a component to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—

(a)the packaging; and

(b)the accompanying documents.

(3) Where the product referred to in paragraph (1)—

(a)is a watercraft, the CE marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; or

(b)is a propulsion engine, the CE marking must be affixed on the engine.

(4) The CE marking must be followed by the identification number of the notified body where—

(a)that body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in Annex II of Decision 768/2008; or

(b)where a post construction assessment set out in Schedule 5 of these Regulations is being used.

(5) The identification number of the notified body must be affixed—

(a)by the notified body itself; or

(b)under the instructions of the notified body by the manufacturer.

Extent Information

E66This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I106Reg. 54 in force at 3.8.2017, see reg. 1

[F119UK(NI) indicationN.I.

54A.—(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the product, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a)visibly, legibly and indelibly; and

(b)before a product is placed on the market in Northern Ireland.

(3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 54.

(4) The UK(NI) indication must be affixed by—

(a)the manufacturer; or

(b)the manufacturer's authorised representative.

(5) When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.]

Textual Amendments

[F119Register of notified bodies established in the United KingdomN.I.

54B.—(1) The Secretary of State must ensure that—

(a)each notified body established in the United Kingdom is assigned an identification number; and

(b)there is a register of—

(i)notified bodies established in the United Kingdom;

(ii)their notified body identification number;

(iii)the activities for which they have been notified;

(iv)any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]

Textual Amendments

PART 4E+W+S[F120NOTIFICATION OF CONFORMITY ASSESSMENT BODIES][F120APPROVAL OF CONFORMITY ASSESSMENT BODIES]

Textual Amendments

[F120Approved bodiesE+W+S

55.—(1) An approved body is a conformity assessment body which—

(a)has been approved by the Secretary of State pursuant to the procedure set out in regulation 56 (approval of conformity assessment bodies); or

(b)immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 61(1) or (2) as they had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.

(2) Paragraph (1) has effect subject to regulation 59 (restriction, suspension or withdrawal of approval).

(3) In this Part—

“notified body” means a body—

(a)

which the Secretary of State had before IP completion day notified to the European Commission and the member States of the European Union in accordance with Article 26 of the Directive; and

(b)

in respect of which no objections had been raised, as referred to in regulation 55(b), as it had effect immediately before IP completion day;

“approved body requirements” means the requirements set out in Schedule 11.]

Extent Information

E28This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Notified bodiesN.I.

55.  For the purposes of this Part, a notified body is a conformity assessment body—

(a)which has been notified by the Secretary of State, to the European Commission and to the other [F178relevant states]—

(i)under regulation 56 (notification); or

(ii)before the date these Regulations come into force, in accordance with Article 26 of the Directive; and

(b)in respect of which no objections [F179, other than an immaterial objection,] were raised by the European Commission or other [F180relevant states]—

(i)within 2 weeks of the date of notification, where notification is accompanied by an accreditation certificate; or

(ii)within 2 months of the date of notification, where the notification is not accompanied by an accreditation [F181certificate;]

[F182(c)in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—

(i)the conformity assessment body is established in the United Kingdom; or

(ii)the accreditation certificate was issued by the United Kingdom Accreditation Service.]

Extent Information

E67This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I107Reg. 55 in force at 3.8.2017, see reg. 1

[F120Approval of conformity assessment bodiesE+W+S

56.—(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and the application is accompanied by—

(a)a description of—

(i)the conformity assessment activities that the conformity assessment body intends to carry out;

(ii)the relevant conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii)the product in respect of which the conformity assessment body claims to be competent; and

(b)either—

(i)an accreditation certificate; or

(ii)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may—

(a)have regard to any other matter which appears to the Secretary of State to be relevant; and

(b)set conditions that the conformity assessment body must meet.

(8) For the purposes of this regulation, “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.]

Extent Information

E29This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

NotificationN.I.

56.—(1) The Secretary of State may notify to the European Commission and the other [F183relevant states] only those conformity assessment bodies that qualify for notification.

(2) A conformity assessment body qualifies for notification if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become a notified body and the application is accompanied by—

(a)a description of—

(i)the conformity assessment activities that the conformity assessment body intends to carry out;

(ii)the conformity assessment module or modules in respect of which the conformity body claims to be competent; and

(iii)the product for which the conformity assessment body claims to be competent; and either—

(b)an accreditation certificate; or

(c)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body’s compliance with the notified body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph 3(b), as sufficient evidence that the conformity assessment body meets the notified body requirements.

(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other [F183relevant states], the Secretary of State may—

(a)have regard to any other matter which appears to the Secretary of State to be relevant; and

(b)set conditions that the conformity assessment body must meet.

(7) The Secretary of State must inform the European Commission of the United Kingdom’s procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.

Extent Information

E68This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I108Reg. 56 in force at 3.8.2017, see reg. 1

[F120Presumption of conformity of approved bodiesE+W+S

57.—(1) Where a conformity assessment body demonstrates its conformity with the criteria set out in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of the standard).

(2) The presumption in paragraph (1) is rebuttable.]

Extent Information

E30This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Contents of notificationN.I.

57.  A notification under regulation 56 (notification) must include—

(a)the details of—

(i)the conformity assessment activities in respect of which the conformity assessment body has made its application for notification;

(ii)the conformity assessment module or modules in respect of which the conformity assessment body has made its application for notification;

(iii)the product in respect of which the conformity assessment body has made its application for notification; and either

(b)an accreditation certificate; or

(c)documentary evidence which attests to—

(i)the conformity assessment body’s competence; and

(ii)the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to satisfy the notified body requirements.

Extent Information

E69This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I109Reg. 57 in force at 3.8.2017, see reg. 1

[F120Monitoring of approved bodiesE+W+S

58.  The Secretary of State must monitor each approved body with a view to verifying that the body—

(a)continues to meet the approved body requirements;

(b)meets any condition set—

(i)in accordance with regulation 56(6)(b); or

(ii)in the case of an approved body that was a notified body immediately before IP completion day, in accordance with regulation 56(6)(b) as it applied immediately before IP completion day; and

(c)carries out its functions in accordance with these Regulations.]

Extent Information

E31This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Presumption of conformity of notified bodiesN.I.

58.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal of the European Union, the Secretary of State is to presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E70This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I110Reg. 58 in force at 3.8.2017, see reg. 1

[F120Restriction, suspension or withdrawal of approvalE+W+S

59.—(1) Where the Secretary of State determines that an approved body—

(a)no longer meets an approved body requirement; or

(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 58(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 55 (approved bodies).

(2) With the consent of the approved body or where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 58(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 55.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activities, the approved body must—

(a)at the request of the Secretary of State, transfer its files relating to the activities it has undertaken as an approved body to another approved body or to the Secretary of State; or

(b)in the absence of a request under sub-paragraph (a), keep its files relating to the activities it has undertaken as an approved body available for inspection by the Secretary of State and the market surveillance authorities for a period of 10 years from the date they were created.

(5) The activities undertaken as an approved body referred to in paragraph (4) include any activities that the body has undertaken as a notified body.]

Extent Information

E32This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Monitoring of notified bodiesN.I.

59.—(1) The Secretary of State must monitor each notified body with a view to verifying that the notified body—

(a)continues to meet the notified body requirements;

(b)complies with any condition set in accordance with regulation 56(6)(b); and

(c)carries out its functions in accordance with these Regulations.

(2) The Secretary of State must inform the European Commission of the United Kingdom’s procedures for the monitoring of notified bodies, and any changes to those procedures.

Extent Information

E71This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I111Reg. 59 in force at 3.8.2017, see reg. 1

[F120Notice of proposed restriction, suspension or withdrawal of approvalE+W+S

60.—(1) Where the Secretary of State proposes to restrict, suspend or withdraw a body's status as an approved body in accordance with regulation 59 (restriction, suspension or withdrawal of approval), the Secretary of State must give notice in writing to the approved body that its approval will be restricted, suspended or withdrawn.

(2) A notice provided in accordance with paragraph (1) must—

(a)state the date on which the notice is issued;

(b)state the reasons why the approval is being restricted, suspended or withdrawn;

(c)state the date on which the restriction, suspension or withdrawal of the approval is to take effect;

(d)where an approval is being restricted or suspended, state what the effect of that restriction or suspension is on the approved body;

(e)inform the approved body of its right to make written representations to the Secretary of State against the proposal within 14 days of the date of the notice.

(3) Where an approved body submits written representations to the Secretary of State within 14 days of the notice in accordance with paragraph (2)(e), the Secretary of State must respond to the representations within 21 days of the date on which the representations are received, stating whether, having considered the representations, the notice issued under paragraph (1) will be modified or withdrawn.]

Extent Information

E33This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Authorisation of the United Kingdom Accreditation ServiceN.I.

60.  The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of State—

(a)assessing applications for designation as a notified body made under regulation 56 (application for designation as a notified body); and

(b)monitoring notified bodies required by regulation 59 (monitoring of notified bodies).

Extent Information

E72This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I112Reg. 60 in force at 3.8.2017, see reg. 1

[F120Operational requirements of approved bodiesE+W+S

61.  When an approved body carries out a relevant conformity assessment procedure, Schedule 12 (operational requirements of approved bodies) has effect.]

Extent Information

E34This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Changes to notificationsN.I.

61.—(1) Where the Secretary of State determines that a notified body no longer meets a notified body requirements or that it is failing to fulfil its obligations under these Regulations other than a condition set in accordance with regulation 56(6)(b), the Secretary of State must restrict, suspend or withdraw the body’s status as a notified body under regulation 55.

(2) With the consent of the notified body, or where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 56(6)(b), the Secretary of State may restrict, suspend or withdraw the body’s status as a notified body under regulation 55.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other [F184relevant states].

(5) Where the Secretary of State has taken action under paragraph (1) or (2), or where the notified body has ceased its activity, the notified body must—

(a)at the request of the Secretary of State, transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the Secretary of State; or

(b)in the absence of a request under sub-paragraph (a), keep its files relating to the activities it has undertaken as a notified body available for inspection by the Secretary of State and the market surveillance authorities for a period of 10 years from the date they were created.

Extent Information

E73This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I113Reg. 61 in force at 3.8.2017, see reg. 1

[F120Subsidiaries and contractorsE+W+S

62.—(1) Where an approved body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the tasks are to be treated as having been carried out by an approved body for the purposes of regulations 44 to 47 only where the conditions in paragraphs (2) and (3) are satisfied.

(2) The approved body must—

(a)ensure that the subcontractor or subsidiary meets the approved body requirements; and

(b)inform the Secretary of State accordingly.

(3) The approved body must have obtained the agreement of the client economic operator to the use of a subcontractor or subsidiary.

(4) Where an approved body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the approved body must, for a period of 10 years beginning on the day on which the tasks are carried out, keep at the disposal of the Secretary of State the documentation concerning—

(a)the assessment of the qualifications of the subcontractor or subsidiary; and

(b)the conformity assessment activities carried out by the subcontractor or subsidiary.

(5) When monitoring an approved body in accordance with regulation 58 (monitoring of approved bodies), the Secretary of State must treat the approved body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.

(6) In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.]

Extent Information

E35This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Operational requirements of notified bodiesN.I.

62.  When a notified body carries out a relevant conformity assessment procedure, Schedule 12 (operational requirements of notified bodies) has effect.

Extent Information

E74This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I114Reg. 62 in force at 3.8.2017, see reg. 1

[F120Register of approved bodiesE+W+S

63.—(1) The Secretary of State must—

(a)assign an approved body identification number to each approved body; and

(b)compile and maintain a register of—

(i)approved bodies;

(ii)their approved body identification numbers;

(iii)the activities for which they have been approved; and

(iv)any restrictions on those activities.

(2) The register referred to in paragraph (1) must be made publicly available.]

Extent Information

E36This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Subsidiaries and contractorsN.I.

63.—(1) Where a notified body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the tasks are only to be treated as having been carried out by a notified body for the purposes of regulations 44 to 47 where the conditions in paragraphs (2) and (3) are satisfied.

(2) The notified body must—

(a)ensure that the subcontractor or subsidiary meets the notified body requirements; and

(b)inform the Secretary of State accordingly.

(3) The notified body must have obtained the agreement of the client economic operator to the use of a subcontractor or subsidiary.

(4) Where a notified body subcontracts specific tasks connected with conformity assessment, or has such tasks carried out by a subsidiary, the notified body must, for a period of 10 years beginning on the day on which the tasks are carried out, keep at the disposal of the Secretary of State the documentation concerning—

(a)the assessment of the qualifications of the subcontractor or the subsidiary; and

(b)the conformity assessment activities carried out by the subcontractor or subsidiary.

(5) When monitoring a notified body in accordance with regulation 59 (monitoring of notified bodies), the Secretary of State must treat the notified body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.

Extent Information

E75This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I115Reg. 63 in force at 3.8.2017, see reg. 1

[F120Authorisation of UK national accreditation bodyE+W+S

64.  The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—

(a)assessing whether a conformity assessment body meets the approved body requirements;

(b)monitoring approved bodies in accordance with regulation 58;

(c)compiling and maintaining the register of approved bodies in accordance with regulation 63.]

Extent Information

E37This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Appeal against a change to a notificationN.I.

64.—(1) Where the Secretary of State intends to restrict, suspend or withdraw a notification in accordance with regulation 61 (changes to notifications) the Secretary of State must give notice in writing to the notified body concerned that its notification will be restricted, suspended or withdrawn.

(2) A written notice provided in accordance with paragraph (1) must—

(a)state the date on which the notice is issued;

(b)state of the reasons why the notification is being restricted, suspended or withdrawn;

(c)state the date on which the restriction, suspension or withdrawal of the notification is to take effect;

(d)where a notification has been restricted or suspended, state what the effect of that restriction or suspension is upon the notified body;

(e)inform the notified body of its right to make representations to the Secretary of State, in writing, within 14 days of the date on the notice, against this decision.

(3) Where a notified body submits written representations to the Secretary of State, the Secretary of State must respond to those representations within 21 days of the date on which those representations are received, stating whether, having considered those representations, the notice issued under paragraph (1) will be modified or withdrawn.

Extent Information

E76This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Commencement Information

I116Reg. 64 in force at 3.8.2017, see reg. 1

PART 5U.K.MARKET SURVEILLANCE AND ENFORCEMENT

Designation of market surveillance authoritiesU.K.

65.  The market surveillance authority is—

(a)within its area in Great Britain, the weights and measures authority; and

(b)in Northern Ireland, every district council.

Commencement Information

I54Reg. 65 in force at 3.8.2017, see reg. 1

EnforcementU.K.

66.—(1) The market surveillance authority must enforce these Regulations and RAMS (in its application to products covered by these Regulations).

(2) The Secretary of State, or a person appointed by the Secretary of State to act on behalf of the Secretary of State, may enforce these Regulations and RAMS (in its application to products covered by these Regulations).

(3) Before taking action under paragraph (2), the Secretary of State or the person appointed by the Secretary of State to act on the Secretary of State’s behalf, must notify the relevant market surveillance authority.

(4) In Scotland, only the Lord Advocate may prosecute an offence under these Regulations.

Commencement Information

I55Reg. 66 in force at 3.8.2017, see reg. 1

Enforcement powersU.K.

67.  Schedule 13 (enforcement and investigatory powers conferred on the market surveillance authority) and Schedule 14 (compliance, withdrawal and recall notices) of these Regulations have effect.

Commencement Information

I56Reg. 67 in force at 3.8.2017, see reg. 1

Evaluation of a product presenting a riskU.K.

68.—(1) Where the market surveillance authority has sufficient reason to believe that a product presents a risk, that authority must carry out an evaluation of that product in order to determine whether the product satisfies the requirements of Part 2 of these Regulations in respect of that product.

(2) Where an enforcing authority other than a market surveillance authority has sufficient reason to believe that a product presents a risk, that authority may carry out an evaluation of that product in order to determine whether the product satisfied the requirements of Part 2 of these Regulations in respect of that product.

Commencement Information

I57Reg. 68 in force at 3.8.2017, see reg. 1

Enforcement action in respect of products that are not in conformity and which present a riskE+W+S

69.—(1) Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—

(a)take the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;

(b)withdraw the product within a prescribed period; or

(c)recall the product within a prescribed period.

(2) The enforcing authority must inform [F121any approved] body that carried out the conformity assessment in relation to the product of—

(a)the respect in which the product is not in conformity with Part 2 ; and

(b)the actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.

(3) Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in the United Kingdom, it must notify the Secretary of State of—

(a)the results of the evaluation; and

(b)the actions which it has required the economic operator to take.

F122(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)prohibit or restrict the product being made available on the market in the United Kingdom;

(b)withdraw the product from the United Kingdom market; or

(c)recall the product.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F123(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The [F124notice referred to in paragraph (6)] must include details about the product and, in particular—

(a)the information necessary to identify the product that is not in conformity;

(b)the origin of the product;

(c)the nature of the alleged lack of conformity and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the economic operator; and

(f)whether the failure of the product to conform with the requirements of Part 2 is due to—

(i)the failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; or

(ii)shortcomings in [F125a designated standard referred to in regulation 41 (presumption of conformity) which confers] a presumption of conformity.

(9) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the product.

Extent Information

E38This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I58Reg. 69 in force at 3.8.2017, see reg. 1

Enforcement action in respect of products that are not in conformity and which present a riskN.I.

69.—(1) Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—

(a)take the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;

(b)withdraw the product [F185from Northern Ireland] within a prescribed period; or

(c)recall the product [F186from Northern Ireland] within a prescribed period.

(2) The enforcing authority must inform the notified body that carried out the conformity assessment in relation to the product of—

(a)the respect in which the product is not in conformity with Part 2 ; and

(b)the actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.

(3) Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in [F187Northern Ireland], it must notify the Secretary of State of—

(a)the results of the evaluation; and

(b)the actions which it has required the economic operator to take.

(4) [F188Subject to paragraph (4A),] where the Secretary of State receives notice from an enforcing authority under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F189Northern Ireland], the Secretary of State must inform the European Commission and the other [F190relevant states] of—

(a)the results of the evaluation; and

(b)the actions which the enforcing authority has required the economic operator to take.

[F191(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)prohibit or restrict the product being made available on the market in [F192Northern Ireland];

(b)withdraw the product from the [F193market in Northern Ireland]; or

(c)recall the product.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F194relevant states] without delay.

(8) The notices referred to in paragraphs (6) and (7) must include details about the product and, in particular—

(a)the information necessary to identify the product that is not in conformity;

(b)the origin of the product;

(c)the nature of the alleged lack of conformity and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the economic operator; and

(f)whether the failure of the product to conform with the requirements of Part 2 is due to—

(i)the failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; or

(ii)shortcomings in a harmonised standards referred to in regulation 41 (presumption of conformity) which confer a presumption of conformity.

(9) In this regulation, “prescribed period” means a period which is—

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the product.

Extent Information

E77This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I117Reg. 69 in force at 3.8.2017, see reg. 1

EU Safeguard procedureN.I.

70.—[F126(1) Where another [F127relevant state] has initiated the procedure under Article 44 of the Directive (as amended from time to time), the market surveillance authority must, without delay, inform the Secretary of State of—

(a)any measures taken by the market surveillance authority in respect of the product; and

(b)any additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the product.

(2) Where another [F128relevant state] has initiated the procedure under Article 44 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the Commission and the other [F129relevant states] of—

(a)any measures taken by a market surveillance authority [F130in Northern Ireland] in respect of the product;

(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the [F131product.]

F132(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [F133relevant state] in respect of a product is considered justified under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken [F134in Northern Ireland] in respect of the product without delay.

(4) Where a measure taken by another [F135relevant state] in respect of a product is considered justified by the Commission under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the product is withdrawn from the market in [F136in Northern Ireland].

(5) Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must inform the Commission of the action taken [F137in respect of Northern Ireland].

(7) If a measure taken by the market surveillance authority pursuant to regulation 69 is considered unjustified by the Commission under Article 44(1) of the Directive (as amended from time to time), the market surveillance authority must withdraw that measure [F138in respect of Northern Ireland].]

Textual Amendments

Commencement Information

I59Reg. 70 in force at 3.8.2017, see reg. 1

Enforcement action in respect of formal non-complianceE+W+S

71.—(1) Where an enforcing authority makes one of the following findings relating to a product, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—

(a)the [F139UK] marking—

(i)has not been affixed; or

(ii)has been affixed in violation of regulation 40 (prohibition on improper use of [F139UK] marking) or regulation 54 ([F139UK] marking);

(b)the F140... declaration of conformity or the declaration referred to in Schedule 3—

(i)has not been drawn up; or

(ii)has not been drawn up correctly;

(c)the technical documentation is either not available or is incomplete;

(d)the information set out in regulation 14 (duty to provide information) and regulation 21 (duty of importer to ensure products are labelled) is absent, false or incomplete;

(e)that there has been non-compliance with any other requirement referred to—

(i)in the case of the manufacturer or their authorised representative in regulations 8 to 17;

(ii)in the case of the importer in regulations 18 to 26;

(iii)in the case of a distributor in regulations 27 to 32; and

(iv)in the case of a private importer in regulations 36 to 38.

(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a)restrict or prohibit the product being made available on the market;

(b)ensure that the product is recalled or withdrawn from the market; or

(c)in the case of a product imported by a private importer for their own use, that that product is prohibited or restricted.

(4) This regulation does not apply where the product presents a risk.

Extent Information

E39This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Commencement Information

I60Reg. 71 in force at 3.8.2017, see reg. 1

Enforcement action in respect of formal non-complianceN.I.

71.—(1) Where an enforcing authority makes one of the following findings relating to a product, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—

(a)the CE marking—

(i)has not been affixed; or

(ii)has been affixed in violation of regulation 40 (prohibition on improper use of CE marking) or regulation 54 (CE marking);

[F195(aa)the UK(NI) indication—

(i)has not been affixed, in contravention of regulation 54A; or

(ii)has been affixed other than in accordance with regulation 54A;]

(b)the EU declaration of conformity or the declaration referred to in Schedule 3—

(i)has not been drawn up; or

(ii)has not been drawn up correctly;

(c)the technical documentation is either not available or is incomplete;

(d)the information set out in regulation 14 (duty to provide information) and regulation 21 (duty of importer to ensure products are labelled) is absent, false or incomplete;

(e)that there has been non-compliance with any other requirement referred to—

(i)in the case of the manufacturer or their authorised representative in regulations 8 to 17;

(ii)in the case of the importer in regulations 18 to 26;

(iii)in the case of a distributor in regulations 27 to 32; and

(iv)in the case of a private importer in regulations 36 to 38.

(2) The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—

(a)restrict or prohibit the product being made available on the market;

(b)ensure that the product is recalled or withdrawn from the market; or

(c)in the case of a product imported by a private importer for their own use, that that product is prohibited or restricted.

(4) This regulation does not apply where the product presents a risk.

Extent Information

E78This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Commencement Information

I118Reg. 71 in force at 3.8.2017, see reg. 1

Restrictive measuresU.K.

72.  When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS (as amended from time to time) in relation to any measure to—

(a)prohibit or restrict a product from being made available on the market;

(b)withdraw a product from the market; or

(c)recall a product.

Commencement Information

I61Reg. 72 in force at 3.8.2017, see reg. 1

OffencesU.K.

73.—(1) It is an offence for a person to contravene or fail to comply with any requirement of—

(a)regulation 6;

(b)regulations 8 to 16;

(c)regulation 17(3);

[F141(d)regulations 18 to 25;]

(e)regulation 26(3);

(f)regulations 27 to 31;

(g)regulation 32(3);

(h)regulation 34;

(i)regulation 36 to 38; or

(j)regulation 40.

(2) It is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these Regulations.

Textual Amendments

Commencement Information

I62Reg. 73 in force at 3.8.2017, see reg. 1

PenaltiesU.K.

74.  [F142Subject to regulation 74A,] any person who is guilty of an offence under regulation 73 (offences) is liable on summary conviction—

(a)in England and Wales—

(i)to imprisonment for a term not exceeding 3 months;

(ii)to a fine; or

(iii)to both.

(b)in Scotland and Northern Ireland—

(i)to imprisonment for a term not exceeding 3 months; or

(ii)to a fine not exceeding level 5 on the standard scale; or

(iii)to both.

Textual Amendments

Commencement Information

I63Reg. 74 in force at 3.8.2017, see reg. 1

[F143Penalty in relation to the UK(NI) indicationN.I.

74A.  A person guilty of an offence under regulation 73(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

Defence of due diligenceU.K.

75.—(1) Subject to paragraphs (2) and (4), in proceedings for an offence under regulation 73 (offences) it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a)served a notice in accordance with paragraph (3); or

(b)obtained the leave of the court.

(3) The notice must—

(a)give any information in P’s possession which identifies or assists in identifying the person who—

(i)committed the act or default; or

(ii)supplied the information on which P relied;

(b)be served on the person bringing the proceedings not less than 7 clear days before—

(i)in England, Wales and Northern Ireland, the hearing of the proceedings;

(ii)in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)to whether P had any reason to disbelieve the information.

(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a)to the act or default of another person; or

(b)to reliance on information supplied by another person.

Commencement Information

I64Reg. 75 in force at 3.8.2017, see reg. 1

Liability of persons other than the principal offenderU.K.

76.—(1) Where the commission by one person (“X”) of an offence under these Regulations is due to anything which another person (“Y”) did or failed to do in the course of business, Y is guilty of an offence and may be proceeded against and punished, whether or not proceedings are taken against X.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate’s offence was committed—

(a)with the consent or connivance of the relevant person; or

(b)as a result of the negligence of the relevant person.

(3) In paragraph (2), “relevant person” means—

(a)a director, manager, secretary or other similar officer of the body corporate;

(b)in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;

(c)in relation to a Scottish partnership, a partner; or

(d)a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Commencement Information

I65Reg. 76 in force at 3.8.2017, see reg. 1

Service of documentsU.K.

77.—(1) Any document required or authorised by these Regulations to be served on a person may be served by—

(a)delivering it to that person in person;

(b)leaving it at that person’s proper address; or

(c)sending it by post or electronic means to that person’s proper address.

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “proper address” means—

(a)in the case of a body corporate or its director—

(i)the registered or principal office of that body; or

(ii)the email address of the secretary or clerk of that body;

(b)in the case of a partnership, a partner or person having control or management of the partnership business—

(i)the principal office of the partnership; or

(ii)the email address of a partner or person having that control or management;

(c)in any other case, a person’s last known address, which includes an email address.

(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept service, that address must also be treated as that person’s proper address.

(6) In this regulation, “partnership” includes a Scottish partnership.

Commencement Information

I66Reg. 77 in force at 3.8.2017, see reg. 1

Recovery of expenses of enforcementU.K.

78.—(1) This regulation applies where a person commits an offence under regulation 73 (offences).

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the authority has incurred in investigating the offence.

Commencement Information

I67Reg. 78 in force at 3.8.2017, see reg. 1

Action by enforcing authorityU.K.

79.—(1) An enforcing authority may take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—

(a)the authority has been unable to identify any economic operator on whom to serve such a notice; or

(b)the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority takes action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarily—

(a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980(10);

(b)in Northern Ireland in proceedings under article 62 (debt proceedings) of the Magistrates Courts (Northern Ireland) Order 1981(11).

(4) In this regulation, “notice” means a notice served under Schedule 14.

Commencement Information

I68Reg. 79 in force at 3.8.2017, see reg. 1

Appeals against noticesU.K.

80.—(1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—

(a)by the economic operator on whom the notice has been served; and

(b)by a person having an interest in the product in respect of which the notice has been served, unless the notice is a recall notice.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied that the product to which the notice relates is in conformity with Part 2 and does not present a risk.

(4) On an application under paragraph (1) to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulation—

(a)the “appropriate court” is to be determined in accordance with regulation 81 (appropriate court for appeals against notices); and

(b)“notice” means any notice served under Schedule 14.

Commencement Information

I69Reg. 80 in force at 3.8.2017, see reg. 1

Appropriate court for appeals against noticesU.K.

81.—(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 80 (appeals against notices) is—

(a)the court in which proceedings have been brought in relation to the product for an offence under regulation 73 (offences);

(b)in any other case, a magistrates’ court.

(2) In Scotland, the appropriate court for the purposes of regulation 80 is the sheriff of the sheriffdom in which the person making the appeal resides or has a registered principal office.

(3) A person aggrieved by an order made by a magistrates’ court in England and Wales or Northern Ireland pursuant to an application under regulation 80 (appeals against notices), or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)in England and Wales, to the crown court;

(b)in Northern Ireland, to the county court.

Commencement Information

I70Reg. 81 in force at 3.8.2017, see reg. 1

Time limit for commencement of proceedingsU.K.

82.—(1) Subject to paragraph (4), in England and Wales, an information relating to an offence under regulation 73 (offences) that is triable by a magistrates’ court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) Subject to paragraph (4), in Scotland—

(a)summary proceedings for an offence under regulation 73 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge; and

(b)section 136(3) of the Criminal Procedure (Scotland) Act 1995(12) (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(3) Subject to paragraph (4), in Northern Ireland, summary proceedings for an offence under regulation 73 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(4) No proceedings may be brought more than 3 years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraphs (1), (2) or (3) came to light, is conclusive evidence.

Commencement Information

I71Reg. 82 in force at 3.8.2017, see reg. 1

CompensationU.K.

83.—(1) Where an enforcing authority serves a relevant notice in respect of a product, that authority is liable to pay compensation to a person having an interest in the product for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)the product in respect of which the relevant notice was served neither—

(i)presents a risk; nor

(ii)contravenes any requirement of these Regulations; and

(b)the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.

(3) In this regulation, “relevant notice” means a notice served in accordance with Schedule 14.

Commencement Information

I72Reg. 83 in force at 3.8.2017, see reg. 1

[F144PART 5AE+W+SPOWERS OF THE SECRETARY OF STATE

Textual Amendments

Power to amend SchedulesE+W+S

83A.—(1) The Secretary of State may by regulations amend any of the provisions specified in paragraph (2) where the Secretary of State considers it necessary to do so in order to take into account technical progress and new scientific evidence.

(2) The provisions referred to in paragraph (1) are—

(a)in Schedule 1—

(i)points 2.3, 2.4, 2.5 and Section 3 of Part B;

(ii)Section 3 of Part C;

(b)Schedule 7;

(c)Schedule 9.

(3) The Secretary of State may by regulations amend Schedule 5 where the Secretary of State considers it necessary to do so in order to take into account technical progress, the adequacy of ensuring equivalent conformity and new scientific evidence.

(4) Regulations made under this regulation may—

(a)make different provisions for different cases; and

(b)make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

(5) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Power to make provision for application of conformity assessments and of Schedule 1E+W+S

83B.—(1) Where one or both of the conditions in paragraph (2) is met, the Secretary of State may by regulations make provision about—

(a)detailed procedures for the operation of regulations 50 to 52 and paragraph 2 of Module B (as set out in Schedule 15), taking into account the specific conformity assessment needs of the products covered by these Regulations;

(b)the application of the watercraft design categories set out in point 1 of Part A of Schedule 1, including on the use of weather terminology and measurement scales used in those categories;

(c)the information on the builder's plate set out in point 2.2 of Part A of Schedule 1;

(d)the application of the Regulations on navigation lights set out in point 5.7 of Part A of Schedule 1;

(e)arrangements for discharge prevention, in particular as regards operation of holding tanks, set out in point 5.8 of Part A of Schedule 1;

(f)the installation and testing of gas appliances and permanently installed gas systems on watercraft, as referenced in point 5.5 of Part A of Schedule 1.

(2) The conditions referred to in paragraph (1) are that the Secretary of State considers it necessary to make such provision in order to—

(a)take into account the progress of technical knowledge; and

(b)ensure that these Regulations are applied in a uniform manner.

(3) Before making regulations under this regulation, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(4) Regulations made under this regulation may—

(a)make different provisions for different cases; and

(b)make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

(5) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

PART 6U.K.MISCELLANEOUS

Amendment to the Consumer Rights Act 2015U.K.

84.  In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015(13) at the appropriate place insert—

“regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737);”.

Commencement Information

I73Reg. 84 in force at 3.8.2017, see reg. 1

Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004U.K.

85.  The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004(14) Schedule 1 (specified subordinate legislation) is amended as follows—

(a)“The Recreational Craft Regulations 1996 insofar as not revoked by the Recreational Craft Regulations 2004” substitute “The Recreational Craft Regulations 2004 insofar as not revoked by the Recreational Craft Regulations 2017”; and

(b)omit the entry “The Recreational Craft Regulations 2004” and at the appropriate place insert “The Recreational Craft Regulations 2017”.

Commencement Information

I74Reg. 85 in force at 3.8.2017, see reg. 1

Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007U.K.

86.  The Legislative and Regulatory Reform (Regulatory Functions) Order 2007(15) is amended as follows—

(a)in Part 3 of the Schedule, under the heading “Public health and safety” omit the entry “The Recreational Craft Regulations 2004” and after the last entry insert “The Recreational Craft Regulations 2017”;

(b)in Part 8 of the Schedule, omit the entry “The Recreational Craft Regulations 2004” and after the last entry insert “The Recreational Craft Regulations 2017”; and

(c)in Part 13 of the Schedule, omit the entry “The Recreational Craft Regulations 2004” and after the last entry insert “The Recreational Craft Regulations 2017”.

Commencement Information

I75Reg. 86 in force at 3.8.2017, see reg. 1

Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009U.K.

87.  The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order(16) is amended as follows—

(a)in Part 4 of Schedule 1 omit the entry “The Recreational Craft Regulations 2004” ; and at the end insert “The Recreational Craft Regulations 2017”; and

(b)in Part 2 of Schedule 2 omit the entry “The Recreational Craft Regulations 2004” and at the end insert “The Recreational Craft Regulations 2017”.

Commencement Information

I76Reg. 87 in force at 3.8.2017, see reg. 1

ReviewE+W+S

88.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provisions contained in these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of 5 years beginning on the commencement date.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(17) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulations must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provisions referred to in paragraph 1(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Commencement Information

I77Reg. 88 in force at 3.8.2017, see reg. 1

ReviewN.I.

88.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provisions contained in these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of 5 years beginning on the commencement date.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(17) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other [F196relevant states].

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulations must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provisions referred to in paragraph 1(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Textual Amendments

Commencement Information

I119Reg. 88 in force at 3.8.2017, see reg. 1

Transitional provisionsU.K.

89.—(1) Nothing in these Regulations prevents the making available on the market of a product which—

(a)is in conformity with the requirements of Directive 94/25/EC on the approximation of laws, regulations and administrative provisions of the Member States relating to recreational craft(18); and

(b)was placed on the market before the commencement date.

(2) Nothing in these Regulations prevents the making available on the market or the putting into service of outboard SI (Spark Ignition) propulsion engines with power equal to less than 15kW which comply with the stage 1 exhaust emission limits laid down in point 2.1 of Part B of Annex 1 of the Directive which are—

(a)manufactured by small or medium-sized enterprises; and

(b)placed on the market before 18th January 2020.

Commencement Information

I78Reg. 89 in force at 3.8.2017, see reg. 1

[F145Transitional provisions in relation to EU ExitE+W+S

89A.—(1) In this regulation, “pre-exit period” means the period beginning on the commencement date and ending immediately before IP completion day.

(2) Subject to paragraph (3), where a product was made available on the market or put into service during the pre-exit period, despite the amendments made by Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to—

(a)any obligation of any enforcing authority to inform the European Commission or a member State of any matter; or

(b)any obligation to take action outside of the market in respect of the product.

(4) Where during the pre-exit period—

(a)a product has not been placed on the market; and

(b)the manufacturer has taken any action under regulation 42 or a person has taken action under regulation 43(2) or (3), as those provisions had effect immediately before IP completion day in relation to that product,

that action has effect as if it had been done under regulation 42 or 43 as they have effect on and after IP completion day.

(5) Where during the pre-exit period—

(a)a product has not been placed on the market or put into service; and

(b)the private importer or a person to whom regulation 43(2) applies, has taken any action under Schedule 5 as it had effect immediately before IP completion day in relation to that product,

that action has effect as if it had been done under Schedule 5 as it has effect on and after IP completion day.

[F146(6) Subject to paragraph (8), where before 11pm on 31st December 2024—

(a)a product has not been placed on the market; and

(b)a manufacturer has taken any action under the procedure that applies to that product in accordance with Articles 19 to 24 of the Directive

that action has effect as if it had been done under the applicable procedure referred to in regulation 42 or 43.

(7) Subject to paragraph (8), where before 11pm on 31st December 2024—

(a)a product has not been placed on the market or put into service; and

(b)a private importer or a person to whom regulation 43(2) applies has taken any action under the procedure that applies to that product in accordance with Article 23 of the Directive

that action has effect as if it had been done under the applicable procedure referred to in regulation 43.

(8) Paragraphs (6) and (7) do not apply—

(a)after the expiry of the validity of any certificate issued pursuant to the applicable procedure; and

(b)in any event, after 31st December 2027.]]

Textual Amendments

Revocations and savingsU.K.

90.—(1) The Recreational Craft Regulations 1996(19) are revoked save as regard their application to—

(a)any watercraft that was placed on the market or put into service prior to 1st January 2005; and

(b)the appointment or termination of appointment of any notified body for the purposes of those Regulations.

[F147(1A) For the purposes of paragraph (1), the Recreational Craft Regulations 1996 have effect with the following modifications—

(a)any reference to “the Community” is to be read as including the United Kingdom;

(b)any reference to a “member State” is to be read as including the United Kingdom;

(c)in Schedule 7 (EC type-examination (module B))—

(i)in paragraph 7 omit “and withdrawn”;

(ii)omit paragraph 8;

(d)in Schedules 9 (production quality assurance (module D)) and 12 (full quality assurance (module H))—

(i)in paragraph 5, for “national” substitute “ enforcement ”; and

(ii)in paragraph 6 omit “and withdrawn”;

(e)in Schedule 15 (enforcement), in paragraph 2 omit “with a view to this information being passed by the Secretary of State to the Commission”.]

(2) The Recreational Craft Regulations 2004(20) are revoked save as regards their application to—

(a)any watercraft that was placed on the market or put into service prior to the commencement date; and

(b)the appointment or termination of appointment of any notified body for the purposes of those Regulations.

[F148(3) “For the purposes of paragraph (2), the Recreational Craft Regulations 2004 have effect with the following modifications—

(a)any reference to “the Community” or “the European Union” is to be read as including the United Kingdom;

(b)any reference to a “member State” is to be read as including the United Kingdom;

(c)in Schedule 7 (EC type-examination)—

(i)in paragraph 7 omit “and withdrawn”;

(ii)omit paragraph 8;

(d)in Schedules 9 (production quality assurance), 12 (full quality assurance) and 15 (product quality assurance (module E))—

(i)in paragraph 5, for “national” substitute “ enforcement ”; and

(ii)in paragraph 6 omit “and withdrawn;

(e)in Schedule 17 (enforcement), in paragraph 2 omit “with a view to this information being passed by the Secretary of State to the Commission”.]

Textual Amendments

Commencement Information

I79Reg. 90 in force at 3.8.2017, see reg. 1

Margot James

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

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