Regulation 5 EEC type-examination certificates
An application for an EEC type-examination certificate shall be made to the approved body by or on behalf of a manufacturer in writing and shall be accompanied by an information document duly completed so as to furnish all the information required by the information document in the form set out in Schedule 1 and shall be accompanied also by an undertaking in the form set out in Schedule 2.
Where in pursuance of this regulation an application has been made to an approved body in respect of a type of construction plant then no other application in any member State for an EEC type-examination certificate in respect of any construction plant of that type shall be made by or on behalf of the same manufacturer and any application made to an approved body which to the knowledge of the approved body is contrary to this paragraph shall be rejected by the approved body.
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out tests and examinations of the type of FOPS in respect of which the application was made that the type of FOPS conforms with the EEC type-examination requirements and after payment of the prescribed fee it shall issue to the applicant for each type of FOPS tested and examined a test report in the form set out in Schedule 3 and shall grant an EEC-type examination certificate in the form set out in Schedule 4 in respect of that type of EEC protective structure.
Where the approved body is satisfied on application made to it under paragraph (1) above and after carrying out tests and examinations of the type of FOPS in respect of which the application was made that the type of FOPS does not conform with the EEC type-examination requirements and after payment of the prescribed fee it shall issue a full test failure report for such type of FOPS which states the reasons for the issue of such report and informs the applicant of his right to apply for review of the decision of the approved body under regulation 9.
The prescribed fee payable under paragraphs (3) and (4) above in every case shall be equal to the sum of:—
the costs of the approved body of and in connection with the functions carried out or to be carried out by it under these Regulations (“the relevant service”); and
an amount on account of profit which is reasonable in the circumstances having regard to—
the character and the extent of the work done or to be done by the approved body in providing the relevant service, and
the commercial rate normally charged on account of profit for that work or similar work.