The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

PART 3 E+W+S Conformity assessment

Presumption of conformity E+W+S

38.—(1) A product which is in conformity with a [F1 designated] standard (or part of such a standard) F2 ... is presumed to be in conformity with the essential health and safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Textual Amendments

F1 Word in reg. 38(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 23(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 38(1) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 23(b) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 38 in force at 8.12.2016, see reg. 1(1)

Conformity assessment procedures E+W+S

39.—(1) For the assessment of conformity of equipment, and where necessary those devices referred to at regulation 3(2)(b), the manufacturer must follow one of the following procedures—

[F3 (a) for equipment-groups I and II, equipment-categories M1 and 1, the manufacturer must follow either—

(i) the Type-examination set out in Part 1 of Schedule 3A, in conjunction with either the procedure set out in—

(aa) Part 2 of Schedule 3A, or

(bb) Part 3 of Schedule 3A; or

(ii) the conformity based on unit verification referred to in Part 7 of Schedule 3A;]

[F4 (b) for equipment-groups I and II, equipment-categories M2 and 2, the manufacturer must follow—

(i) for internal combustion engines and electrical equipment in these groups and categories the Type examination set out in Part 1 of Schedule 3A, in conjunction with either the procedure set out in either Part 4 or Part 5 of Schedule 3A;

(ii) for other equipment in these groups and categories the procedures set out in Part 6 of Schedule 3A;]

[F5 (c) for equipment group II, equipment-category 3, the procedure relating to internal production control referred to in Part 6 of Schedule 3A;]

[F6 (d) for equipment-groups I and II, instead of the procedures referred to in paragraphs (1)(a), (b) and (c), the manufacturer may follow conformity based on unit verification referred to in Part 7 of Schedule 3A.]

(2) The procedure referred to in paragraph (1)(a) or (d) must be used for the conformity assessment of protective systems.

(3) For the assessment of conformity of components, the manufacturer must—

(a) follow the procedures referred to in paragraph (1), with the exception of—

(i) affixing the [F7 UK] marking;

(ii) drawing up of the F8 ... declaration of conformity;

(b) issue a written attestation of conformity which must—

(i) confirm conformity of the component with Part 2 of these Regulations,

(ii) state the characteristics of the component, and

(iii) explain how the component must be incorporated into equipment or protective systems to comply with the essential health and safety requirements.

(4) In respect of the safety aspects referred to in paragraph 13 of Schedule 1, instead of the conformity assessment procedures referred to in paragraphs (1) and (2), the manufacturer may follow the procedure referred to in [F9 Part 6 of Schedule 3A].

(5) Where the procedures referred to in paragraphs (1), (2) and (4) have not been applied, the market surveillance authority, may authorise the placing on the market and the putting into service, of a product other than a component, F10 ... where—

(a) the market surveillance authority is in receipt of a duly justified request, requesting the placing on the market and the putting into service of a product, other than a component, and

(b) the use of that product is in the interests of protection.

(6) The manufacturer must ensure that the documents and correspondence relating to the conformity assessment procedures referred to in paragraphs (1) to (4) are in [F11 English].

Textual Amendments

F3 Reg. 39(1)(a) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 39(1)(b) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(b) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 39(1)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(c) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 39(1)(d) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(d) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in reg. 39(3)(a)(i) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(e) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in reg. 39(3)(a)(ii) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(f) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 39(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(g) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 39(5) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(h) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in reg. 39(6) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 24(i) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 39 in force at 8.12.2016, see reg. 1(1)

F12 ... Declaration of conformity E+W+S

40.  The F13 ... declaration of conformity for a product must—

(a) state that the fulfilment of the essential health and safety requirements have been demonstrated in respect of the product;

(b) have the model structure set out in Schedule 6;

(c) contain the elements specified in [F14 Schedule 3A to these Regulations] for the relevant conformity assessment procedure followed in respect of the product.

Textual Amendments

F12 Word in reg. 40 heading omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 25(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in reg. 40 omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 25(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 40(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 25(b) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 40 in force at 8.12.2016, see reg. 1(1)

[F15 UK] Marking E+W+S

41.— [F16 (1) The UK marking must be affixed visibly, legibly and indelibly—

(a) to the product;

(b) to its data plate; or

(c) where paragraph (1A) applies, to—

(i) a label affixed to the product; or

(ii) a document accompanying the product.]

[F17 (1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the product; or

(b) a document accompanying the product.]

(2) Where [F18 paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of the product, to affix the [F19 UK] marking in accordance with [F20 paragraph (1)(a) or (b)], the [F19 UK] marking must be affixed to—

(a) the packaging, and

(b) the accompanying documents.

(3) The [F19 UK] marking must be followed by the identification number of the [F21 approved body] which carried out the relevant conformity assessment procedure for the product, where that body is involved in the production control phase.

(4) The identification number of the [F21 approved body] must be affixed—

(a) by the [F21 approved body] itself, or

(b) under the instructions of the [F21 approved body], by the manufacturer or the authorised representative.

(5) The [F19 UK] marking and, where applicable, the identification number of the [F21 approved body] must be followed by—

(a) the specific marking of explosion protection as referred to in paragraph 5(1)(f) of Schedule 1,

(b) the symbols of the equipment-group and category, and

(c) where applicable, the other markings and information referred to in paragraph 5 of Schedule 1.

(6) Products designed for a particular explosive atmosphere must be marked accordingly.

Textual Amendments

F15 Word in reg. 41 heading substituted (31.12.2020) by S.I. 2019/696, Sch. 25 para. 26(ac) (as inserted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(4)(b))

F16 Reg. 41(1) substituted (31.12.2020) by S.I. 2019/696, Sch. 25 para. 26(a) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(4)(a))

F17 Reg. 41(1A) inserted by S.I. 2019/696, Sch. 25 para. 26(aa) (as inserted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(4)(b))

F18 Words in reg. 41(2) inserted (31.12.2020) by S.I. 2019/696, Sch. 25 para. 26(ab)(i) (as inserted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(4)(b))

F19 Word in reg. 41(2)-(5) substituted (31.12.2020) by S.I. 2019/696, Sch. 25 para. 26(ac) (as inserted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(4)(b))

F20 Words in reg. 41(2) substituted (31.12.2020) by S.I. 2019/696, Sch. 25 para. 26(ab)(ii) (as inserted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 17(4)(b))

F21 Words in reg. 41 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 26(b) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 41 in force at 8.12.2016, see reg. 1(1)