Further Use of UK marking36C

1

In this regulation—

a

any reference to an Article or an Annex is a reference to an Article or an Annex of the ATEX Directive;

b

“harmonised standard” has the meaning given to it in Article 2(18).

2

Paragraph (3) applies where, before placing a product on the market, the manufacturer— 

a

ensures that the product has been designed and manufactured in accordance with the essential health and safety requirements set out in Annex II;

b

ensures that the relevant conformity assessment procedures that apply to the product in accordance with Article 13(1) and (2) have been carried out;

c

draws up the technical documentation referred to in Annexes III to IX; and

d

ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English.

3

Where this paragraph applies—

a

regulations 5 and 6 are to be treated as being satisfied;

b

except for regulations 40 and 41(1) to (2) and (5) to (6), Part 3 does not apply;

c

regulations 2(2)(a), 7 to 9, 18, 19(1)(a) and (b), 20, 23, 27, 30, 31, 36 and 59 apply subject to the modifications in paragraph (4);

d

regulations 40 and 41(6) and Schedule 6 apply subject to the modifications in paragraphs (4) and (5).

4

The modifications referred to in paragraph (3)(c) and (d) are that—

a

any reference to “essential health and safety requirements” is to be read as a reference to the essential health and safety requirements set out in Annex II;

b

any reference to “designated standard” is to be read as a reference to a harmonised standard;

c

any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure that applies to that product in accordance with Article 13;

d

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annexes III to IX.

5

The modifications referred to in paragraph (3)(d) are that—

a

in regulation 40, the reference to “Schedule 3A to these Regulations” is to be read as a reference to Annexes III to IX;

b

regulation 41(5) is to be read as if the words beginning with “and, where” and ending with “body” were omitted;

c

in Schedule 6—

i

in paragraph 5 the reference to “statutory requirements” is to be read as including the ATEX Directive;

ii

in paragraph 7 the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Article 13.