The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

6.  Evaluation by the [F1 approved] body during production E+W+S

• The manufacturer, or his authorised representative F2 ..., shall further involve the [F1 approved] body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative F3 ...:

  • — the [F1 approved] body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of [F4 these Regulations]; in particular the [F1 approved] body shall concentrate on:

  • — the correct and complete marking of the equipment according to [F5 regulation 7(2)(c), regulation 11 and Schedule 7],

  • — issuing of the EC declaration of conformity according to [F6 regulation 7(2)(d) and Schedule 5],

  • — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

• The manufacturer, or his authorised representative F2 ..., shall give the [F1 approved] body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.

• Only if the above checks give unsatisfactory results shall the [F1 approved] body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in [F7 Schedule 6] for the relevant type of equipment,

  • — the [F1 approved] body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the [F1 approved] body, must be examined and appropriate noise tests as set out in [F7 Schedule 6], or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:

    • — the correct and complete marking of the equipment according to [F5 regulation 7(2)(c), regulation 11 and Schedule 7],

    • — issuing of the EC declaration of conformity according to [F6 regulation 7(2)(d) and Schedule 5].

• In both procedures, the frequency of the checks shall be defined by the [F1 approved] body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.

• If there are doubts about the plausibility of the technical documentation or the adherence during production, the [F1 approved] body shall inform accordingly the manufacturer, or his authorised representative F2 ....

• In those cases where equipment checked does not conform to the provisions of [F4 these Regulations], the [F1 approved] body must inform the [F8 Secretary of State].

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Word in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(i) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 9 para. 6 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(ii) (with Sch. 8 para. 14) (as amended by S.I. 2019/1246, regs. 1(3), 10(c)(iii) and S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 9 para. 6 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(iia) (with Sch. 8 para. 14) (as amended by S.I. 2019/1246, regs. 1(3), 10(c)(i) and S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(iii) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(iv) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(v) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(vi) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Sch. 9 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 8 para. 22(f)(vii) (with Sch. 8 para. 14) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

6.  Evaluation by the notified body during production N.I.

• The manufacturer, or his authorised representative established in the [F9 European Union], shall further involve the notified body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative established within the [F9 European Union]:

  • — the notified body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of this Directive; in particular the notified body shall concentrate on:

  • — the correct and complete marking of the equipment according to Article 11,

  • — issuing of the EC declaration of conformity according to Article 8,

  • — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

• The manufacturer, or his authorised representative established in the [F9 European Union], shall give the notified body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.

• Only if the above checks give unsatisfactory results shall the notified body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in Annex III for the relevant type of equipment,

  • — the notified body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the notified body, must be examined and appropriate noise tests as set out in Annex III, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:

    • — the correct and complete marking of the equipment according to Article 11,

    • — issuing of the EC declaration of conformity according to Article 8.

• In both procedures, the frequency of the checks shall be defined by the notified body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.

• If there are doubts about the plausibility of the technical documentation or the adherence during production, the notified body shall inform accordingly the manufacturer, or his authorised representative established in the [F9 European Union].

• In those cases where equipment checked does not conform to the provisions of this Directive, the notified body must inform the notifying Member State.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F9 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2-68-10