1.The [F1approval authority must] designate technical services for one or more of the following categories of activities, depending on their field of competence:
(a)category A: tests referred to in this Regulation and in the regulatory acts listed in Annex II that technical services carry out in their own facilities;
(b)category B: the supervision of the tests, which includes test preparation, referred to in this Regulation and in the regulatory acts listed in Annex II, where such tests are performed at the manufacturer's facilities or at the facilities of a third party;
(c)category C: the assessment and monitoring on a regular basis of the procedures of the manufacturer for controlling the conformity of production;
(d)category D: the supervision or performance of tests or inspections for the surveillance of the conformity of production.
2.[F2The approval authority may designate itself] as a technical service for one or more of the categories of activities referred to in paragraph 1.
3.A technical service shall be established under the law of [F3the United Kingdom or any part of the United Kingdom or of] a Member State and have legal personality, except for a technical service belonging to a [F4approval] authority and except for an accredited in-house technical service of the manufacturer, as referred to in Article 72.
4.A technical service shall take out liability insurance for its activities, [F5unless a state has assumed liability for those activities in accordance with its national law], or unless the [F6Secretary of State] itself is directly responsible for the conformity assessment.
F75.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 68(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(a)
F2Words in Art. 68(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(b)
F3Words in Art. 68(3) inserted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(c)(i)
F4Word in Art. 68(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(c)(ii)
F5Words in Art. 68(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(d)(i)
F6Words in Art. 68(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(d)(ii)
F7Art. 68(5) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(e)