Regulation 26 Product check procedure
The manufacturer shall choose a notified body to carry out random product checks as provided for in the procedure set out in paragraph (2) below (“the product check procedure”), and shall permit that notified body to carry out that procedure, and without prejudice to the generality of the foregoing, he shall—
allow the notified body access for the purpose of taking samples of the final products;
provide the notified body with such access, information, facilities and assistance as it may reasonably require in carrying out that procedure.
The conformity to type product check procedure shall consist of—
the notified body carrying out, or having carried out by a recognised test laboratory, product checks at random intervals;
the taking of an adequate sample of the final products, by the notified body or on its behalf, and the notified body carrying out or having carried out by a recognised test laboratory an examination and appropriate tests to check the conformity of products with the relevant requirements of the TTE Directive.
Where it appears to a United Kingdom notified body acting pursuant to paragraph (1) above that one or more of the products checked do not fulfil the relevant conditions, it shall report the matter—
to the notified body (if not itself) which issued the EC type-examination certificate or additional approval, as the case may be;
where the products are manufactured, or the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been supplied or put into service or connected to the public telecommunications network in the United Kingdom, to the enforcement authority;
where the products are manufactured, or the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been supplied or put into service or connected to a public telecommunications network in a member State other than the United Kingdom, to the appropriate authorities in that member State; or
where the body is aware that products manufactured in accordance with the type or modification concerned are to be or have been connected to a public telecommunications network in the United Kingdom or another member State, to the operator thereof.
For the avoidance of doubt, it is hereby declared that the notified body referred to in paragraph (1) above need not be the same notified body as the one which granted the EC type-examination certificate or additional approval, as the case may be.
If the manufacturer fails to comply with his obligations under paragraph (1)(a) and (b) above—
where that United Kingdom notified body is the body which granted the EC type-examination certificate, it shall suspend the certificate; and
where another notified body granted the EC type-examination certificate, it shall report the matter to that other body for appropriate action and, where that other body is a United Kingdom notified body, that other body shall suspend the certificate;
and a certificate suspended pursuant to this paragraph shall remain suspended until the manufacturer complies with the requirements of paragraph (1)(a) and (b) above.