PART IVENFORCEMENT
Unauthorised application of authorised marks22
1
Subject to paragraph (2), a person shall be guilty of an offence if, in the case of a capacity serving measure, he—
a
affixes an authorised mark to the measure otherwise than in accordance with these Regulations;
b
alters or defaces an authorised mark affixed to the measure;
c
removes an authorised mark affixed to the measure; or
d
affixes any other marking to the measure which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.
2
Where the alteration or defacement of an authorised mark is occasioned solely—
a
in the course of the adjustment or repair of a capacity serving measure by a person regularly engaged in the business of repair of such measures, or by his authorised agent; or
b
by an enforcement officer or approved verifier in the carrying out of any of his functions under these Regulations,
that person or his authorised agent, enforcement officer or approved verifier shall not be guilty of an offence under paragraph (1)(b).
3
A person shall be guilty of an offence if he places on the market, puts into use or uses for trade a capacity serving measure—
a
which, to his knowledge, bears—
i
an authorised mark affixed otherwise than in accordance with these Regulations;
ii
an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2); or
iii
any marking which is likely to deceive any person as to the meaning or form, or both, of an authorised mark; or
b
from which, to his knowledge, an authorised mark has been removed.
4
A capacity serving measure in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.
5
A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.
6
In this regulation, “authorised mark” means the CE marking, the M marking, the identification number of the notified body which carried out the conformity assessment procedure in respect of the capacity serving measure, disqualification sticker or re-qualification sticker.