Identification of economic operators
(1) An economic operator (“E”) who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—
(a) any economic operator who has supplied E with a product, and
(b) any economic operator to whom E has supplied a product.
(2) The relevant period is—
(a) for information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the product;
(b) for information under paragraph (1)(b), a period of 10 years beginning on the day on which E supplied the product.
Prohibition on improper use of UK marking
(1) An economic operator must not affix the UK marking to a product unless—
(a) that economic operator is the manufacturer, and
(b) the conformity of the product with the essential health and safety requirements has been demonstrated by a relevant conformity assessment procedure.
(2) An economic operator must not affix to a product a marking (other than the UK marking) which purports to attest that the product is in conformity with the essential health and safety requirements.
(3) An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.
(4) An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.
Obligations which are met by complying with obligations in the ATEX Directive
(1) In this regulation—
(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the ATEX Directive;
(b) “ CE marking ” has the meaning given to it in Article 2(26); and
(c) “ harmonised standard ” has the meaning given to in in Article 2(18).
(2) ... Paragraph (3) applies where, before placing the product on the market, the manufacturer—
(a) ensures that the product has been designed and manufactured in accordance with the essential health and safety requirements set out in Annex II;
(b) ensures that the relevant conformity assessment procedures that apply to that product in accordance with Article 13(1) and (2) have been carried out;
(c) draws up the technical documentation referred to in Annexes III to IX;
(d) ensures that the records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;
(e) affixes a CE marking and the inscriptions in accordance with Articles 15 and 16(1) to (4);
(f) draws up an EU declaration of conformity, in accordance with Article 14; and
(g) ensures that the declaration of conformity is prepared in or translated into English.
(3) Where this paragraph applies—
(a) the requirements of regulations 5, 6, 7(1), (3) and 7(6) are to be treated as being satisfied;
(b) regulations 2(a), 7(6), 8, 9(2), 17(4), 36 and 59 apply subject to the modifications in paragraph (10);
(c) Part 3 does not apply; and
(d) regulation 57 does not apply.
(4) ... Paragraph (5) applies where, before placing a product on the market, the importer ensures that—
(a) the relevant conformity assessment procedure referred to in Article 13 has been carried out;
(b) the manufacturer has drawn up the technical documents relevant to the conformity assessment procedure followed; and
(c) the product bears the CE marking and inscriptions referred to in point 1.0.5 of Annex II.
(5) Where this paragraph applies—
(a) the requirements of regulation 19(1)(a) to (c) are to be treated as being satisfied; and
(b) regulations 2(a),18, 23 and 27 apply subject to the modifications in paragraph (10).
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(8) Paragraph (9) applies where, before making a product available on the market, a distributor ensures that the product bears the CE marking and inscriptions referred to in point 1.0.5 of Annex II.
(9) Where this paragraph applies—
(a) regulation 29(1)(a)(i) is to be treated as being satisfied; and
(b) regulations 2(a), 30 and 31(1) apply subject to the modifications in paragraph (10).
(10) The modifications referred to in subparagraphs (3)(b), (5)(b) and (9)(b) are that—
(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;
(b) any reference to “UK marking” is to be read as reference to the CE marking;
(c) any reference to “ essential health and safety requirements ” is to be read as a reference to the essential health and safety requirements referred to in Annex II;
(d) any reference to “designated standard” is to be read as a reference to a harmonised standard;
(e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 13;
(f) any reference to “ technical documentation ” is a reference to the technical documentation referred to in Annexes III to IX.
Conformity assessment procedure obligation which is met by complying with the ATEX Directive
(1) In this regulation any reference to an Article or Annex is a reference to an Article or an Annex of the ATEX Directive;
(2) Paragraph (3) applies where, prior to the manufacture of a product, the manufacturer ensures that the conformity assessment procedure that applies to that product in accordance with Annex III as referred to in Article 13(1)(a) and (b) has been carried out.
(3) Where this paragraph applies—
(a) any requirement to follow the Type-examination set out in Part 1 of Schedule 3A in regulation 39 is to be treated as being satisfied;
(b) any reference to “relevant conformity assessment procedure” in regulations 6(a), 7(1), 19(a), 36(1)(b), 40(c) and 41(3) is to be read as including the conformity assessment procedure set out in Annex III as referred to in Article 13(1)(a) and (b); and
(c) any reference to “technical documentation” in regulations 6(b), 8, 19(b) and 27(b) is to be read as including the technical documentation relating to the design of the product referred to in Annex III.
Further Use of UK marking
(1) In this regulation—
(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the ATEX Directive;
(b) “ harmonised standard ” has the meaning given to it in Article 2(18).
(2) Paragraph (3) applies where, before placing a product on the market, the manufacturer—
(a) ensures that the product has been designed and manufactured in accordance with the essential health and safety requirements set out in Annex II;
(b) ensures that the relevant conformity assessment procedures that apply to the product in accordance with Article 13(1) and (2) have been carried out;
(c) draws up the technical documentation referred to in Annexes III to IX; 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) regulations 5 and 6 are to be treated as being satisfied;
(b) except for regulations 40 and 41(1) to (2) and (5) to (6), Part 3 does not apply;
(c) regulations 2(2)(a), 7 to 9, 18, 19(1)(a) and (b), 20, 23, 27, 30, 31, 36 and 59 apply subject to the modifications in paragraph (4);
(d) regulations 40 and 41(6) and Schedule 6 apply subject to the modifications in paragraphs (4) and (5).
(4) The modifications referred to in paragraph (3)(c) and (d) are that—
(a) any reference to “essential health and safety requirements” is to be read as a reference to the essential health and safety requirements set out in Annex II;
(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 that product in accordance with Article 13;
(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annexes III to IX.
(5) The modifications referred to in paragraph (3)(d) are that—
(a) in regulation 40, the reference to “Schedule 3A to these Regulations” is to be read as a reference to Annexes III to IX;
(b) regulation 41(5) is to be read as if the words beginning with “and, where” and ending with “body” were omitted;
(c) in Schedule 6—
(i) in paragraph 5 the reference to “statutory requirements” is to be read as including the ATEX 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.
Qualifying Northern Ireland Goods
(1) In this regulation—
“ the 2017 Regulations ” means the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017;
“ CE marking ” has the meaning given to it in regulation 2(1) of the 2017 Regulations;
“ qualifying Northern Ireland goods ” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
“ relevant conformity assessment procedure ” has the meaning given to it in regulation 2(1) of the 2017 Regulations;
“ technical documentation ” has the meaning given to it in regulation 2(1) of the 2017 Regulations.
(2) Where paragraph (3) applies, a product is to be treated as being in conformity with Part 2.
(3) This paragraph applies where—
(a) a product—
(i) is in conformity with Part 2, within the meaning of regulation 2(2) of the 2017 Regulations; and
(ii) is qualifying Northern Ireland goods; and
(b) an importer has complied with the obligations set out in paragraph (4).
(4) The obligations referred to in paragraph (3)(b) are that, before placing the product on the market, the importer—
(a) complies with regulation 21;
(b) ensures that—
(i) the relevant conformity assessment procedure has been carried out in relation to the product;
(ii) the manufacturer has drawn up the technical documentation; and
(iii) the product bears the CE marking.
Translation of declaration of conformity
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Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
