Regulation 38C Further use of the UK markingF1

England, Wales and Scotland

(1)

In this regulation—

(a)

any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b)

“harmonised standard” has the meaning given to it in Article 2(9).

(2)

Subject to paragraphs (4) and (5), paragraph (3) applies where, before placing a category A vessel on the market, the manufacturer—

(a)

ensures that the vessel has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;

(b)

ensures that the relevant conformity assessment procedures that apply to that vessel in accordance with Article 13(1) and (2) have been carried out;

(c)

draws up the technical documentation referred to in Annex II; and

(d)

ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English.

(3)

Where this paragraph applies—

(a)

the requirements of regulations 4(1) and 5 are to be treated as being satisfied;

(b)

except for regulation 43, Part 3 does not apply;

(c)

regulations 2(5)(a), 6, 8, 9(2), 16(2), 18(a) and (b), 19(1), 23, 26, 30, 32, 38(1) and 62 apply subject to the modifications in paragraph (6);

(d)

regulation 43 and Schedule 3 apply subject to the modifications in paragraphs (6) and (7).

(4)

This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 12.

(5)

Where paragraph (4) applies, paragraph (2)(b) is to be treated as requiring the manufacturer to have carried out—

(a)

the conformity assessment procedure set out in Article 13(1)(b); and

(b)

the relevant conformity assessment procedure that applies to that product in accordance with Article 13(2).

(6)

The modifications referred to in paragraph (3)(c) and (d) are that—

(a)

any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;

(b)

any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c)

any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedure that applies to the vessel in accordance with Article 13(1) and (2);

(d)

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex II.

(7)

The modifications referred to in paragraph (3)(d) are that—

(a)

in regulation 43, the reference to Schedule 2 is to be read as a reference to Annex II;

(b)

in Schedule 3—

(i)

in paragraph 5 the reference to “relevant statutory requirements” is to be read as including the Directive;

(ii)

in paragraph 7 the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Article 13(1) or 13(2).

Annotations

Textual amendments

F1: Reg. 38C substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 12(3) (with reg. 23)

Notes on the whole SI

Textual amendments

F1: S.I. 1989/1327.
F2: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
F3: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.