OpenLegislation

Regulation 39AA Further use of UK markingF1F2

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 3(8).

(2)

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

(a)

ensures that the toy has been designed and manufactured in accordance with the requirements set out in—

(i)

Article 10 (essential safety requirements); and

(ii)

Annex II (particular safety requirements);

(b)

carries out the safety assessment in accordance with Article 18;

(c)

ensures that the relevant conformity assessment procedure has been carried out in accordance with Article 19;

(d)

in cases where the manufacturer considers that Article 19(3) applies, ensures that the provisions of Article 20 are complied with;

(e)

draws up the technical documentation in accordance with Article 21(1); and

(f)

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

(3)

Where this paragraph applies—

(a)

the requirements of regulations 10(1) and (2)(a) to (c) and (e), 11, 12, 13, and 17(1) to (4) are to be treated as being satisfied;

(b)

regulations 14 and 42 to 44 do not apply;

(c)

regulations 15, 16, 17(5), 21, 25, 26, 28, 30 to 37, 39(1), 47 and 52 apply subject to the modifications in paragraph (6);

(d)

regulations 22 and 45 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.

(5)

Where paragraph (4) applies paragraph (2)(c) is treated as requiring the manufacturer to carry out the conformity assessment procedures referred to in Article 19(3).

(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 requirements set out in—

(i)

Article 10 (essential safety requirements); and

(ii)

Annex II (particular safety requirements);

(b)

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

(c)

any reference to “applicable conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 19;

(d)

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 21(1);

(e)

any reference to “approved body” is to be read as a reference to the conformity assessment body that undertook any conformity assessment procedure set out in Article 19.

(7)

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

(a)

in regulations 22 and 45 any reference to “Type examination certificate” is to be read as a reference to any certificate issued pursuant to the conformity assessment procedure set out in Article 20;

(b)

in Schedule 3 the reference to “enactments” is to be read as including a reference to the Directive.

Annotations

Textual amendments

F1

Regs. 39A-39AB and Pt. 2A (regs. 39B-39E) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 27 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(e)(vi); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 9(4)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Reg. 39AA substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 7(4) (with reg. 23)