Schedule 5 (Annex V of the Directive)I1

Conformity based on post-construction assessment is the procedure to assess the equivalent conformity of a product for which the manufacturer has not assumed the responsibility for the product’s conformity with F1this Directive these Regulations, and whereby a natural or legal person referred to in F2Article 19(2), (3) or (4) regulation 43(1), (2) or (3) who is placing the product on the market or putting it into service under his own responsibility is assuming the responsibility for the equivalent conformity of the product. This person shall fulfill the obligations laid down in points 2 and 4 and ensure and declare on his sole responsibility that the product concerned, which has been subject to the provisions of point 3, is in conformity with the applicable requirements of this Directive these Regulations.

The person who is placing the product on the market or putting it into service shall lodge an application for a post-construction assessment of the product with F3a notified an approved body and must provide F4the notified the approved body with the documents and technical file enabling the notified the approved body to assess the conformity of the product with the requirements of this Directive these Regulations and any available information on the use of the product after its first putting into service.

The person who is placing such a product on the market or putting it into service shall keep these documents and information at the disposal of the F5relevant national authorities enforcing authority for 10 years after the product has been assessed on its equivalent conformity in accordance with the post-construction assessment procedure.

The F6notified approved body shall examine the individual product and carry out calculations, tests and other assessments, to the extent necessary to ensure that the equivalent conformity of the product with the relevant requirements of this Directive these Regulations is demonstrated.

The notified approved body shall draw up and issue a certificate and a related report of conformity concerning the assessment carried out and shall keep a copy of the certificate and related report of conformity at the disposal of the F7national authorities enforcing authority for 10 years after it has issued these documents.

The notified approved body shall affix its identification number next to the F8CE UK marking on the approved product or have it affixed under its responsibility.

In case the assessed product is a watercraft, the notified approved body shall also have affixed, under his responsibility, the watercraft identification number as referred to in point 2.1 of Part A of F9Annex I Schedule 1, whereby the field for the country code of the manufacturer shall be used to indicate the country of establishment of the notified approved body and the fields for the unique code of the manufacturer assigned by F10the national authority of the F11relevant state or on behalf of the Secretary of State to indicate the post-construction assessment identification code assigned to the notified approved body, followed by the serial number of the post-construction assessment certificate. The fields in the watercraft identification number for the month and year of production and for the model year shall be used to indicate the month and year of the post-construction assessment.

F12CE marking and EU declaration of conformityUK marking and declaration of conformity

The person who is placing the product on the market or putting it into service shall affix the F13CE UK marking and, under the responsibility of the F14notified approved body referred to in Section 3, the latter’s identification number to the product for which the notified approved body has assessed and certified its equivalent conformity with the relevant requirements of this Directive these Regulations.

The person who is placing the product on the market or putting it into service shall draw up F15an EU a declaration of conformity and keep it at the disposal of the F16national authorities enforcing authority for 10 years after the date the post-construction assessment certificate has been issued. The declaration of conformity shall identify the product for which it has been drawn up.

A copy of F17the EU the declaration of conformity shall be made available to the F18relevant authorities enforcing authority upon request.

In the case the assessed product is a watercraft, the person who is placing the watercraft on the market or putting it into service shall affix to the watercraft the builder’s plate described in point 2.2 of Part A of F19Annex I Schedule 1, which shall include the words ‘post-construction assessment’, and the watercraft identification number described in point 2.1 of Part A of Annex I Schedule 1, in accordance with the provisions set out in Section 3.

The F20notified approved body shall inform the person who is placing the product on the market or putting it into service of his obligations under this post-construction assessment procedure.