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PART 2Prohibitions and Obligations on Economic Operators

All economic operators

Identification of economic operators to the market surveillance authority

33.—(1) The market surveillance authority may, for ten years following the placing on the market of the EEE, request an economic operator to identify to the authority, within such period as the authority may specify—

(a)any economic operator who has supplied it with EEE; and

(b)any economic operator to whom it has supplied EEE.

(2) The economic operator must comply with the request.

Protection of CE marking

34.—(1) A person must not affix a CE marking in relation to EEE unless—

(a)the person is—

(i)the manufacturer; or

(ii)an authorised representative of the manufacturer who has been appointed by the manufacturer in accordance with regulation 22(1) to affix the CE marking on the manufacturer’s behalf; and

(b)it has been demonstrated by performance of the conformity assessment procedure referred to in regulation 12 (conformity assessment procedure and drawing up of technical documentation) that the EEE complies with the requirements of regulation 3.

(2) A person must not affix any marking in relation to EEE which—

(a)is not a CE marking; but

(b)purports to attest that the EEE satisfies the requirements of regulation 3.

(3) A person must not affix in relation to EEE any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking affixed in relation to the EEE.

(4) Any other marking may be affixed in relation to EEE provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.