3.—(1) For the purposes of these Regulations—
(a)subject to paragraph (2) below, an appliance or a fitting shall be taken to satisfy the essential requirements,—
(i)if it satisfies a national standard which implements the relevant harmonised standard; or
(ii)where there is no relevant harmonised standard, if it satisfies a national standard of which the text is communicated to the Commission pursuant to Article 5(2) of the Directive and which, prusuant to that provision, is notified by the Commission to the member States as being presumed to conform to the essential requirements; and
(b)a quality system shall be taken to satisfy the requirements of these Regulations if it complies with a national standard which implements the relevant harmonised standard.
(2) Paragraph (1)(a) above has effect in any case only where—
(a)the national standard in question relates to all matters relevant to the essential requirements, and
(b)there are no reasonable grounds for suspecting that the appliance or fitting does not satisfy the essential requirements.
(3) in paragraph (1) above, “harmonised standard”,—
(a)in relation to appliances and fittings, means a technical specification—
(i)which is adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation upon a remit from the Commission in accordance with Council Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations(1), as amended, by Council Directive 88/182/EEC(2) and Commission Decision 92/400/ EEC(3); and
(ii)of which the reference number is published in the Official Journal of the [F1 European Union] in pursuance of Article 5(1)(a) of the Directive; and
(b)in relation to quality systems, means a technical specification which is adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation.
Textual Amendments
F1Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2-6
Commencement Information
I1Reg. 3 in force at 18.7.1995, see reg. 1(2)
O.J. No. L109, 26.4.1983, p.8.
O.J. No. L81, 26.3.1988, p.75.
O.J. No. L221, 6.8.1992, p.55.