Further use of UK marking2C

1

In this regulation “harmonised standard” has the meaning given to it in Article 2(23) of Regulation 2016/426 (pre-exit).

2

Paragraph (3) applies where, before placing an appliance or fitting on the market or using an appliance for their own purposes, the manufacturer—

a

ensures that the appliance or fitting has been designed and manufactured in accordance with the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

b

carries out the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit) or has it carried out;

c

draws up the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit); and

d

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

3

Where this paragraph applies—

a

Article 7(1) and the first subparagraph of Article 7(2) are to be treated as being satisfied;

b

Articles 13, 14 and 17(3) do not apply;

c

the following provisions of Article 7 apply subject to the modifications in paragraph (4)—

i

Article 7(2), second subparagraph;

ii

Article 7(3);

iii

Article 7(4);

d

Articles 8, 9(2), (4), (5) and (8), 10(2) and (3), 15(1) to (4), 17(4) and 40(1) and Annex V apply subject to the modifications in paragraph (4).

4

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

a

any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

b

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

c

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit);

d

in Article 7(2), in the second subparagraph the reference to “procedure referred to in the first subparagraph” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit);

e

any reference to “appropriate conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit);

f

Article 17(4) is to be read as if the words beginning with “and” and ending with “paragraph 3” were omitted;

g

in Annex 5 the reference to “relevant statutory requirements” is to be read as including Regulation 2016/426 (pre-exit);

h

in paragraph 7 of Annex 5, the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the conformity assessment procedure in accordance with Article 14 of Regulation 2016/426 (pre-exit).