Division 1 This Regulation shall not apply to light sources specifically tested and approved to operate:
United Kingdom
- (a)
in radiological and nuclear medicine installations, as defined in Article 3 of Council Directive 2009/71/Euratomf1;
- (b)
for emergency use;
- (c)
in or on military or civil defence establishments, equipment, ground vehicles, marine equipment or aircraft as set out in Member States' regulations or in documents issued by the European Defence Agency;
- (d)
in or on motor vehicles, their trailers and systems, interchangeable towed equipment, components and separate technical units, as set out in Regulation (EC) No 661/2009 of the European Parliament and of the Councilf2, Regulation (EU) No 167/2013 of the European Parliament and of the Councilf3 and Regulation (EU) No 168/2013 of the European Parliament and of the Councilf4;
- (e)
in or on non-road mobile machinery as set out in Regulation (EU) 2016/1628 of the European Parliament and of the Councilf5 and in or on their trailers;
- (f)
in or on interchangeable equipment as set out in Directive 2006/42/EC of the European Parliament and of the Councilf6 intended to be towed or to be mounted and fully raised from the ground or that cannot articulate around a vertical axis when the vehicle to which it is attached is in use on a road by vehicles as set out in Regulation (EU) No 167/2013;
- (g)
in or on civil aviation aircraft as set out in Commission Regulation (EU) No 748/2012f7;
- (h)
in railway vehicle lighting as set out in Directive 2008/57/EC of the European Parliament and of the Councilf8;
- (i)
in marine equipment as set out in Directive 2014/90/EU of the European Parliament and of the Councilf9;
- (j)
For the purpose of this point, ‘specifically tested and approved’ means that the light source:
-
has been specifically tested for the mentioned operating condition or application, according to the European legislation mentioned or related implementing measures, or relevant European or international standards or, in the absence of these, according to relevant Member States legislation; and
-
is accompanied by evidence, to be included in the technical documentation, in the form of a certificate, a type approval mark, a test report, that the product has been specifically approved for the mentioned operating condition or application; and
-
is placed on the market specifically for the mentioned operating condition or application, as evidenced at least by the technical documentation, and except for point (d), information on the packaging and any advertising or marketing materials.
Annotations
Footnotes
- f1
-
Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).
- f2
-
Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
- f3
-
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).
- f4
-
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
- f5
-
Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53).
- f6
-
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (OJ L 157, 9.6.2006, p. 24).
- f7
-
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).
- f8
-
Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Recast) (OJ L 191, 18.7.2008, p. 1).
- f9
-
Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146).
- f10
-
Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).
- f11
-
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
- f12
-
Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ L 331, 7.12.1998, p. 1).