Regulation 64A Obligations which are met by complying with obligations in the DirectiveF1
In this regulation—
any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;
“CE marking” has the meaning given to it in Article 2(24);
“harmonised standard” has the meaning given to it in Article 2(16).
F2... Paragraph (3) applies where, before placing a civil explosive on the market, the manufacturer—
ensures that the civil explosive has been designed and manufactured in accordance with the essential safety requirements set out in Annex II;
ensures that the relevant conformity assessment procedures that apply to that civil explosive in accordance with Article 20 have been carried out;
draws up the technical documentation referred to in Annex III;
ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;
affixes a CE marking, in accordance with Articles 22 and 23(1) to (5);
draws up an EU declaration of conformity, in accordance with Article 21; and
ensures that the EU declaration of conformity is prepared in or translated into English.
Where this paragraph applies—
the requirements of regulations 39, 40, 41(1) and 41(3) are to be treated as being satisfied;
regulations 41(2), 42, 43(2), 46(2) and 64 apply subject to the modifications in paragraph (10); and
Schedule 12 paragraph 12 does not apply.
F3... Paragraph (5) applies where, before placing a civil explosive on the market, the importer ensures that—
the relevant conformity assessment procedures that apply to that explosive in accordance with Article 20 have been carried out;
the manufacturer has drawn up the technical documentation referred to in Annex III; and
the civil explosive bears the CE marking referred to in Article 23.
Where this paragraph applies—
the requirements of regulation 48(1)(a) to (c) are to be treated as being satisfied; and
regulations 47, 49(1), 52 and 60 apply subject to the modifications in paragraph (10).
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Paragraph (9) applies where, before making a civil explosive available on the market, a distributor ensures that the civil explosive bears the CE marking referred to in Article 23.
Where this paragraph applies—
regulation 56(1)(a)(i) is to be treated as being satisfied; and
regulations 57(1) and 60 apply subject to the modifications in paragraph (10).
The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (9)(b) are that—
any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;
any reference to “UK marking” is to be read as a reference to the CE marking;
any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex II;
any reference to “designated standard” is to be read as a reference to a harmonised standard;
any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 20;
any reference to “technical documentation” is a reference to the technical documentation referred to in Annex III.
Annotations
Textual amendments
- F1
Regs. 64A-64D inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 23 (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2, The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 10(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in reg. 64A(2) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(a) (with reg. 23)
- F3
Words in reg. 64A(4) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(a) (with reg. 23)
- F4
Reg. 64A(6) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(b) (with reg. 23)
- F5
Reg. 64A(7) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(b) (with reg. 23)
Notes on Part 13
Textual amendments
- F1
Pt. 13 (regs. 39-77) substituted for Pt. 13 (regs. 39-42) (and therefore original regs. 43, 44 renumbered as new regs. 78, 79, new reg. 80 substituted for original reg. 45 and original regs. 46-49 renumbered as new regs. 81-84) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 7, 8, 9 (with regs. 2(1), 15)
Notes on ALL ECONOMIC OPERATORS
Textual amendments
- F1
Pt. 13 (regs. 39-77) substituted for Pt. 13 (regs. 39-42) (and therefore original regs. 43, 44 renumbered as new regs. 78, 79, new reg. 80 substituted for original reg. 45 and original regs. 46-49 renumbered as new regs. 81-84) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 7, 8, 9 (with regs. 2(1), 15)