Regulation 4 Amendment of the Weighing Equipment (Non-automatic Weighing Machines) Regulations (Northern Ireland) 1991

After regulation 35 there shall be added the following regulation—

“Non-automatic weighing machines imported from another member State or an EEA State

35A

(1)

In relation to any non-automatic weighing machine imported into Northern Ireland, whether directly or indirectly through Great Britain from another member State or from an EEA State, subject to paragraph (4), an inspector shall not carry out any test in accordance with these Regulations if, together with the machine being imported, he is presented with the requisite documentation.

(2)

In this regulation and in regulation 38(5)—

(a)

“requisite documentation” means—

(i)

the test report of an approved body that the machine which is the subject of that report has been tested on the same basis as those set out in these Regulations and stating which tests have been applied to it; and

(ii)

the test results relating to those tests; and

(b)

“EEA State” means a Contracting Party to the EEA Agreement other than the United Kingdom and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

(3)

A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has the responsibility in that State for metrological control of non-automatic weighing machines or is a laboratory which has been accredited in a member State or an EEA State as being a body which conforms with the criteria set out in EN 45001^f1.

(4)

Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part where he is not satisfied—

(a)

as to the authenticity of the test report or the results presented to him; or

(b)

that the test results presented to him are results which in fact relate to the machines being imported.”.