Article 68 Designation of technical services

United Kingdom

The F1approval authority must designate technical services for one or more of the following categories of activities, depending on their field of competence:

(a)

category A: tests referred to in this Regulation and in the regulatory acts listed in Annex II that technical services carry out in their own facilities;

(b)

category B: the supervision of the tests, which includes test preparation, referred to in this Regulation and in the regulatory acts listed in Annex II, where such tests are performed at the manufacturer's facilities or at the facilities of a third party;

(c)

category C: the assessment and monitoring on a regular basis of the procedures of the manufacturer for controlling the conformity of production;

(d)

category D: the supervision or performance of tests or inspections for the surveillance of the conformity of production.

F2The approval authority may designate itself as a technical service for one or more of the categories of activities referred to in paragraph 1.

F33.

Subject to paragraph (3B), a technical service must have legal personality and must be established in—

(a)

the United Kingdom;

(b)

a member State; or

(c)

the territory of a party to the CPTPP.

F4(3A.)

In paragraph (3) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.

(3B.)

Paragraph (3) does not apply to a technical service belonging to an approval authority or an accredited in-house technical service of the manufacturer, as referred to in Article 72.

A technical service shall take out liability insurance for its activities, F5unless a state has assumed liability for those activities in accordance with its national law, or unless the F6Secretary of State itself is directly responsible for the conformity assessment.

F75.

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Annotations

Textual amendments

F1: Words in Art. 68(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(a)
F2: Words in Art. 68(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(b)
F3: Art. 68(3) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 19(a)
F4: Art. 68(3A)(3B) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 19(b)
F5: Words in Art. 68(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(d)(i)
F6: Words in Art. 68(4) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(d)(ii)
F7: Art. 68(5) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 37(2)(e)