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3.—(1) Subject to paragraphs (2), (3) and (4), these Regulations apply to a beltweigher which is—
(a)for use for trade; and
(b)first placed on the market or put into use on or after 30th October 2006.
(2) These Regulations do not apply to a beltweigher—
(a)in respect of which a certificate of approval has been granted before 30th October 2006 and is in force; and
(b)which is first passed as fit for use for trade and stamped under the Weighing Equipment (Beltweighers) Regulations 1983(1) or the Weighing Equipment (Beltweighers) Regulations 2001(2).
(3) These Regulations do not apply to a beltweigher—
(a)in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 and is in force; and
(b)which bears a mark of EEC initial verification or of EEC partial verification.
(4) These Regulations do not apply to a beltweigher which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—
(a)is not compliant with those requirements; and
(b)cannot be acquired or used until it is made compliant with those requirements by the manufacturer.
(5) For the purposes of paragraph (3)—
(a)a grant of EEC pattern approval or the affixing of a mark of EEC initial verification shall be in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (3) (the “1988 Regulations”) or, in the case of any other member State, in accordance with the measures in force which implement Council Directive 75/410/EEC(4); and
(b)the affixing of a mark of EEC partial verification shall be in accordance with the 1988 Regulations or, in the case of any other member State, in accordance with the measures in force which implement Council Directive 71/316/EEC(5), as amended by Council Directives 72/427/EEC(6), 83/575/EEC(7), 87/354/EEC(8), 87/355/EEC(9) and 88/665/EEC(10).
S.I. 1983/914.
S.I. 2001/1208.
OJ No. L183, 14.7.75, p.25. repealed by the Directive.
OJ No. L202, 6.9.71, p.1, OJ/SE 1971 (II), p.707.
OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.
OJ No.L332, 28.11.83, p.43.
OJ No. L192, 11.7.87, p.43.
OJ No. L192, 11.7.87, p.46.
OJ No. L 382, 31.12.88, p.42
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