Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988

EEC type-examination certificates

5.—(1) An application for an EEC type-examination certificate shall be made to the approved body by or on behalf of a manufacturer in writing and shall be accompanied by an information document duly completed so as to furnish all the information required by the information document in the form set out in Schedule 1 applicable to the earth-moving machine of the type in respect of which the application is made together with such other documents as are required to be furnished by that document.

(2) Where in pursuance of this regulation an application has been made to an approved body in respect of a type of earth-moving machine then no other application in any member State for an EEC type-examination certificate in respect of an earth-moving machine of that type shall be made by or on behalf of the same manufacturer and any application made to an approved body which to the knowledge of the approved body is contrary to this paragraph shall be rejected by the approved body.

(3) Where the approved body is satisfied on application made to it under paragraph (1) above and after examination of the type of earth-moving machine in respect of which the application was made that the type of earth-moving machine conforms with the EEC type-examination requirements and after payment of the prescribed fee it shall grant an EEC type-examination certificate in the form set out in Schedule 2 in respect of that type of machine which shall be valid for a period of 6 years:

• Provided that a certificate granted during a period of 6 years from the date that the Special Directive entered into force shall cease to be valid after the expiry of a period of 7 years from that date.

(4) Where the approved body is satisfied on application made to it under paragraph (1) above and after examination of the type of earth-moving machine in respect of which the application was made that the type of earth-moving machine does not conform with the EEC type-examination requirements and after payment of the prescribed fee it shall issue a full test failure report for such type of machine which states the reasons for the issue of such report and informs the applicant of his right to apply for review of the decision of the approved body under regulation 8.

(5) The approved body shall on application made to it and after payment of the prescribed fee extend the period of validity of an EEC type-examination certificate issued under these Regulations in accordance with the conditions of the Special Directive, and if the approved body refuses to grant such extension it shall inform the applicant of his right to apply for a review of the decision of the approved body under regulation 8.

(6) The prescribed fee payable under paragraphs (3), (4) and (5) above in every case shall be equal to the sum of:—

(a) the costs of the approved body of and in connection with the functions carried out or to be carried out by it under these Regulations (“the relevant service”); and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and the extent of the work done or to be done by the approved body in providing the relevant service, and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

(7) An EEC type-examination certificate may be issued or the period of validity of such a certificate may be extended under these Regulations subject to conditions with respect to the carrying out by an approved body of periodic checks of earth-moving machines of a type in respect of which any EEC type-examination certificate is issued under these Regulations or under the law of Northern Ireland and, for that purpose, a duly authorised officer of an approved body may, on production if requested of his authority, at all reasonable times enter into premises where any such machine is for the time being held by or on behalf of the manufacturer; and if it appears to the approved body which so issued or extended the period of validity of an EEC type-examination certificate that there has been a breach of any such conditions, or if it so appears to the Secretary of State, the approved body, or the Secretary of State as the case may be, may by notice under regulation 7 suspend or withdraw the EEC type-examination certificate issued or extended subject to such conditions and in the case of a decision by the approved body it shall inform the applicant of his right to apply for the review of the decision under regulation 8.