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Regulation (EU) 2019/1020 CHAPTER X — AMENDMENTS

Article 38–Article 40 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Amendments to Directive 2004/42/EC

Article 38

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Articles 6 and 7 of Directive 2004/42/EC of the European Parliament and of the Council  ( 55 ) are deleted.

Amendments to Regulation (EC) No 765/2008

Article 39

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1.   Regulation (EC) No 765/2008 is amended as follows: (1) the title is replaced by the following: ‘Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93’; (2) in Article 1, paragraphs 2 and 3 are deleted; (3) in Article 2, points 1, 2, 14, 15, 17, 18 and 19 are deleted; (4) Chapter III, containing Articles 15 to 29, is deleted; (5) paragraph 1 of Article 32 is amended as follows: (a) point (c) is replaced by the following: ‘(c) the drawing up and updating of contributions to guidelines in the fields of accreditation, notification to the Commission of conformity assessment bodies and conformity assessment;’; (b) points (d) and (e) are deleted; (c) points (f) and (g) are replaced by the following: ‘(f) the performance of preliminary or ancillary work in connection with the implementation of the conformity assessment, metrology and accreditation activities linked to the implementation of Community legislation, such as studies, programmes, evaluations, guidelines, comparative analyses, mutual joint visits, research work, the development and maintenance of databases, training activities, laboratory work, proficiency testing, inter-laboratory tests and conformity assessment work; (g) activities carried out under programmes of technical assistance, cooperation with third countries and the promotion and enhancement of European conformity assessment and accreditation policies and systems among interested parties in the Community and at international level.’ 2.   References to the deleted provisions of Regulation (EC) No 765/2008 shall be construed as references to the provisions of this Regulation and shall be read in accordance with the correlation table in Annex III to this Regulation.

Amendments to Regulation (EU) No 305/2011

Article 40

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In Article 56(1) of Regulation (EU) No 305/2011, the first subparagraph is replaced by the following: ‘1.   Where the market surveillance authorities of one Member State have sufficient reason to believe that a construction product covered by a harmonised standard or for which a European Technical Assessment has been issued does not achieve the declared performance and presents a risk for the fulfilment of the basic requirements for construction works covered by this Regulation, they shall carry out an evaluation in relation to the product concerned covering the respective requirements laid down by this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.’

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