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Regulation 11 EC verification

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (4) and (5) below, an application for EC verification shall be made to an approved body by the manufacturer or his authorised representative established in the Community; and each application shall, if the approved body so requests, be accompanied,—

(a)

in the case of instruments manufactured in conformity with an approved type, by a copy of the EC type-approval certificate in respect of that approved type; or

(b)

in the case of an instrument which does not use electronic devices and of which the load measuring device does not use one or more springs to balance the load, by the design documentation relating to those instruments.

(2)

Where the approved body is satisfied, on application made to it under paragraph (1) above and after carrying out, or after having had carried out, the appropriate examin-ations and tests, that the instruments (if properly installed and used for the purposes for which they are intended)—

(a)

where appropriate, have been manufactured in conformity with the approved type; and

(b)

satisfy the provisions of the Directive which apply to them,

the approved body shall affix to each instrument—

(i)

the EC mark of conformity;

(ii)

the identification symbol of the approved body; and

(iii)

the sticker by way of confirmation that the instrument may be used for a Schedule 3 application,

in accordance with regulation 18.

(3)

Where the approved body, after carrying out its duties under paragraph (2) above, refuses to affix an EC mark of conformity or sticker to any instrument under that paragraph it shall in writing inform the applicant of its decision and of the grounds for its decision.

(4)

In the case of an instrument—

(a)

to which the EC mark of conformity, identification symbol and sticker have been affixed; and

(b)

to which a disqualification sticker has been affixed under regulation 24, 25 or 27 or under any corresponding provision in the law of a member State other than the United Kingdom,

the foregoing provisions of this regulation shall have effect as modified under paragraph (5) below.

(5)

In a case to which paragraph (4) above applies an application under paragraph (1) above may be made by any person established in the Community and—

(a)

in paragraph (1) above, the words after the semi-colon shall not have effect; and

(b)

in paragraph (2) above, for the words “the approved body shall affix” to the end there shall be substituted the words—

  • “the approved body shall affix—

    1. (i)

      the re-qualification sticker; and

    2. (ii)

      the identification symbol of the approved body,

    in accordance with regulation 18.”.