Amendments to Part 4 (Transportable pressure equipment)10

After regulation 19A, insert—

Obligations of Manufacturers prior to placing equipment on the GB market19AA

1

A manufacturer of equipment to be placed on the GB market must comply with paragraph (2) or (3).

2

Where it is intended that the equipment becomes UK TPE, the manufacturer must—

a

ensure a conformity assessment is carried out by an appointed body;

b

mark equipment in accordance with regulation 22B; and

c

keep the technical documentation specified in—

i

section 1.8.7 of ADR; or

ii

section 1.8.7 of RID,

for the period specified in those Agreements.

3

Where it is intended that the equipment becomes pi marked TPE, the manufacturer must—

a

ensure a conformity assessment is carried out by a notified body;

b

mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and

c

keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.

Obligations of Manufacturers after placing UK TPE on the GB market19AB

1

This regulation applies to equipment bearing the UK TPE marking that a manufacturer has placed on the GB market.

2

Where a manufacturer knows or has reason to believe that the equipment does not comply with regulation 19AA(2) or the Annexes, that manufacturer must—

a

take immediate corrective measures to ensure that the equipment complies with—

i

regulation 19AA(2); and

ii

the Annexes;

b

withdraw the equipment from the market; or

c

issue a recall of the equipment.

3

Where a manufacturer considers that the equipment presents a risk, that manufacturer must immediately inform the GB competent authority and Northern Ireland competent authority of—

a

the risk, including providing details of any non-compliance with regulation 19AA(2) or the Annexes; and

b

any action taken in accordance with paragraph (2).

4

A manufacturer must record—

a

each instance of non-compliance with regulation 19AA(2) or the Annexes; and

b

any corrective measure taken,

and must retain that record for at least 20 years from the date that the non-compliance is discovered.

5

On receipt of a reasoned request from the GB competent authority, a manufacturer must—

a

provide that authority with all information and documents necessary to show that the equipment meets the requirements of—

i

regulation 19AA(2); and

ii

the Annexes; and

b

cooperate with that authority in any action it takes to eliminate risks posed by that equipment.