The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

SCHEDULE 15 (1) Internal production control is the conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 to 4; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it. (2) (1) The manufacturer must draw up the technical documentation. (2) The technical documentation must— (a) make it possible to assess the product's conformity with the essential requirements that apply to it; (b) include an adequate analysis and assessment of any risks; (c) specify the essential requirements that apply to the product; and (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product. (3) The technical documentation must contain, where applicable, at least the following— (a) a general description of the product; (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits; (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product; (d) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied); (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements; (f) results of design calculations made and examinations carried out; (g) test reports. (3) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with— (a) the technical documentation referred to in paragraph 2; and (b) the essential requirements that apply to it. (4) (1) The manufacturer must affix the UK marking to each individual product that meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (1) Internal production control plus supervised product testing is the conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 to 5; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it . (2) (1) The manufacturer must draw up the technical documentation. (2) The technical documentation must— (a) make it possible to assess the product's conformity with the essential requirements that apply to it; (b) include an adequate analysis and assessment of any risks; (c) specify the essential requirements that apply to the product; and (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product. (3) The technical documentation must contain, where applicable, at least the following— (a) a general description of the product; (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits; (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product; (d) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied); (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements; (e) results of design calculations made and examinations carried out; (f) test reports. (3) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with— (a) the technical documentation referred to in paragraph 2; and (b) the essential requirements that apply to it. (4) (1) For each individual product manufactured, one or more tests on one or more specific aspects of the product must be carried out on the manufacturer's behalf in order to verify the product's conformity with the essential requirements that apply to it. (2) The tests must be carried out under the responsibility of an approved body chosen by the manufacturer. (3) The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number to the product during the manufacturing process. (5) (1) The manufacturer must affix the UK marking to each individual product that meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (1) Type examination is the part of a conformity assessment procedure in which an approved body— (a) examines the technical design of a product; and (b) verifies and attests that the technical design of the product meets the essential requirements that apply to it. (2) (1) The conformity assessment procedure must include an assessment of the adequacy of the technical design of the product through examination of the technical documentation and supporting evidence referred to in paragraph 3, plus examination of specimens, representative of the production envisaged, of one or more critical parts of the product (combination of production type and design type). (2) The assessment referred to in sub-paragraph (1) may cover several versions of the product if— (a) the differences between the versions of the product do not affect the level of safety and the other requirements concerning the performance of the product; and (b) the different versions of the product are referred to in the corresponding type examination certificate, if necessary by means of amendments to the original certificate. (3) (1) The manufacturer must lodge an application for type examination with a single approved body of the manufacturer's choice. (2) The application must include— (a) the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of the authorised representative; (b) a declaration that the same application has not been lodged with any other approved body; (c) the technical documentation; (d) the specimens representative of the production envisaged; and (e) the supporting evidence for the adequacy of the technical design solution. (3) The manufacturer must, if requested by the approved body, provide further specimens if needed for carrying out the test programme. (4) The technical documentation referred to in sub-paragraph (2)(c) must— (a) make it possible to assess the product's conformity with the essential requirements that apply to it; (b) include an adequate analysis and assessment of any risks; (c) specify the essential requirements that apply to the product; and (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product. (5) The technical documentation referred to in sub-paragraph (2)(c) must contain, where applicable, at least the following— (a) a general description of the product; (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits; (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product; (d) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied); (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements; (f) results of design calculations made and examinations carried out; (g) test reports. (5) The supporting evidence for the adequacy of the technical design solution referred to in sub-paragraph (2)(e) must— (a) mention any documents that have been used, in particular where the relevant designated standards or technical specifications have not been applied in full; and (b) include, where necessary, the results of tests carried out by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under the manufacturer's responsibility. (4) (1) The approved body must examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the product. (2) The approved body must— (a) verify that the specimen has been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant designated standards or technical specifications, as well as the elements which have been designed without applying the relevant provisions of those standards or specifications; (b) carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards or technical specifications, these have been applied correctly; (c) carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant designated standards or technical specifications have not been applied, the solutions adopted by the manufacturer meet the essential requirements covered by the standards or specifications; and (d) agree with the manufacturer on a location where the examinations and tests will be carried out. (5) The approved body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes. Without prejudice to its obligations vis-à vis the Secretary of State, the approved body may release the content of the report, in full or in part, only with the agreement of the manufacturer. (6) (1) Where the type meets the essential requirements that apply to the product concerned, the approved body must issue a type examination certificate to the manufacturer. (2) The certificate (which may have one or more annexes attached) must contain— (a) the name and address of the manufacturer; (b) the conclusions of the examination; (c) the conditions (if any) for its validity; (d) the necessary data for identification of the approved type; and (e) all relevant information to allow the conformity of manufactured products with the examined type to be evaluated and to allow for in-service control. (3) Where the type does not meet the essential requirements that apply to the product concerned, the approved body must refuse to issue a type examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal. (7) (1) The approved body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the essential requirements that apply to the product concerned and must determine whether such changes require further investigation. If so, the approved body must inform the manufacturer accordingly. (2) The manufacturer must inform the approved body that holds the technical documentation relating to the type examination certificate of all modifications to the approved type that may affect the conformity of the product with the essential requirements that apply to it or the conditions for validity of the certificate. Such modifications require additional approval in the form of an addition to the original type examination certificate. (8) (1) The approved body must inform the Secretary of State about the type examination certificates and any additions thereto which it has issued or withdrawn and must, periodically or upon request, make available to the Secretary of State a list of certificates and any additions thereto refused, suspended or otherwise restricted. (2) The approved body must inform the other approved bodies about the type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted and, upon request, about such certificates and additions thereto which it has issued. (3) The approved body must, on request, provide the Secretary of State and other approved bodies with a copy of the type examination certificates and additions thereto which it has issued. (4) The approved body must, on request, provide the Secretary of State with a copy of the technical documentation and the results of the examinations carried out by the approved body. (5) The approved body must keep a copy of the type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of the certificate. (9) The manufacturer must keep a copy of the type examination certificate, its annexes and additions together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. (1) Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 and 3; and (b) ensures and declares that the product concerned is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it . (2) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with— (a) the approved type described in the type examination certificate; and (b) the essential requirements that apply to it. (3) (1) The manufacturer must affix the UK marking to each individual product thatis in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (1) Conformity to type based on internal production control plus supervised product testing is the part of a conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 to 4; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned— (i) is in conformity with the type described in the type examination certificate; and (ii) meets the essential requirements that apply to it. (2) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with— (a) the type described in the type examination certificate; and (b) the essential requirements that apply to it. (3) (1) For each individual product manufactured, one or more tests on one or more specific aspects of the product must be carried out on the manufacturer's behalf in order to verify the product's conformity with the essential requirements that apply to it. (2) The tests must be carried out under the responsibility of an approved body chosen by the manufacturer. (3) The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number to the product during the manufacturing process. (4) (1) The manufacturer must affix the UK marking to each individual product thatis in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (1) Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 and 5; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned— (i) is in conformity with the type described in the type examination certificate; and (ii) meets the essential requirements that apply to it. (2) The manufacturer— (a) must operate an approved quality system for production, final product inspection and testing of the products concerned as specified in paragraph 3; and (b) is subject to surveillance as specified in paragraph 4. (3) (1) The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the products concerned. (2) The application must include— (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative; (b) a declaration that the same application has not been lodged with any other approved body; (c) all relevant information for the product category envisaged; (d) the documentation concerning the quality system; (e) the technical documentation of the approved type and a copy of the type examination certificate. (3) The quality system must ensure that the products— (a) are in conformity with the type described in the type examination certificate; and (b) meet the essential requirements that apply to them. (4) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. (5) The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of— (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality; (b) the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used; (c) the examinations and tests that will be carried out before, during and after manufacture and the frequency with which they will be carried out; (d) the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned; and (e) the means of monitoring the achievement of the required product quality and the effective operation of the quality system. (6) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification. (7) For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that— (a) in addition to experience in quality management systems, the auditing team has at least one member with experience of evaluation in the relevant product field and product technology concerned and knowledge of the essential requirements that apply to the products; (b) the audit includes an assessment visit to the manufacturer's premises; and (c) the auditing team reviews the technical documentation referred to in sub-paragraph (2)(e) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the products with those requirements. (8) The approved body must notify its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3) to the manufacturer. The notification must contain the conclusions of the audit and the approved body's reasoned assessment. (9) The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient. (10) The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary. (11) The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment. (4) (1) The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. (2) The manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular— (a) the quality system documentation; (b) the quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned. (3) The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report. (4) In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report. (5) (1) The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (6) The manufacturer must, for a period ending at least 10 years after the product has been placed on the market, keep at the disposal of the enforcing authority— (a) a copy of the application referred to in paragraph 3(1) including the information and documentation referred to in paragraph 3(2); (b) documents relating to any change to the quality system referred to in paragraph 3(10), as approved by the approved body; (c) the decisions and reports of the approved body referred to in paragraphs 3(11) and 4(3) and (4). (7) (1) Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State a list of quality system approvals refused, suspended or otherwise restricted. (2) Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued. (1) Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 and 5; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned— (i) is in conformity with the type described in the type examination certificate; and (ii) meets the essential requirements that apply to it. (2) The manufacturer— (a) must operate an approved quality system for final product inspection and testing of the products concerned as specified in paragraph 3; and (b) is subject to surveillance as specified in paragraph 4. (3) (1) The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the products concerned. (2) The application must include— (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the authorised representative's name and address; (b) a declaration that the same application has not been lodged with any other approved body; (c) all relevant information for the product category envisaged; (d) the documentation concerning the quality system; and (e) the technical documentation of the approved type and a copy of the type examination certificate. (3) The quality system must ensure that the products— (a) are in conformity with the type described in the type examination certificate; and (b) meet the essential requirements that apply to them. (4) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. (5) The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of— (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality; (b) the examinations and tests that will be carried out after manufacture; (c) the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned; and (d) the means of monitoring the effective operation of the quality system. (6) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification. (7) For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that— (a) in addition to experience in quality management systems, the auditing team has at least one member with experience of evaluation in the relevant product field and product technology concerned and knowledge of the essential requirements that apply to the products; (b) the audit includes an assessment visit to the manufacturer's premises; and (c) the auditing team reviews the technical documentation referred to in sub-paragraph (2)(e) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the products with those requirements. (8) The approved body must notify its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3) to the manufacturer. The notification must contain the conclusions of the audit and the approved body's reasoned assessment. (9) The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient. (10) The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary. (11) The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment. (4) (1) The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. (2) The manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular— (a) the quality system documentation; (b) the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned. (3) The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report. (4) In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report. (5) (1) The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (6) The manufacturer must, for a period ending at least 10 years after the product has been placed on the market, keep at the disposal of the enforcing authority— (a) a copy of the application referred to in paragraph 3(1) including the information and documentation referred to in paragraph 3(2); (b) documents relating to any change to the quality system referred to in paragraph 3(10), as approved by the approved body; (c) the decisions and reports of the approved body referred to in paragraphs 3(11) and 4(3) and (4). (7) (1) Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted. (2) Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn and, upon request, of quality system approvals which it has issued. (1) Conformity to type based on product verification is the part of a conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2, 5(1) and 6; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned, which has been subject to the provisions of paragraph 3— (i) is in conformity with the type described in the type examination certificate; and (ii) meets the essential requirements that apply to it . (2) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with— (a) the approved type described in the type examination certificate; and (b) the essential requirements that apply to it. (3) (1) An approved body chosen by the manufacturer must carry out appropriate examinations and tests in order to check the conformity of the product with— (a) the approved type described in the type examination certificate; and (b) the essential requirements that apply to it. (2) The examinations and tests to check the conformity of the products with the essential requirements that apply to it must be carried out, at the choice of the manufacturer, either by— (a) examination and testing of every product as specified in paragraph 4; or (b) examination and testing of the products on a statistical basis as specified in paragraph 5. (4) (1) All products must be individually examined, and appropriate tests set out in the relevant designated standard or technical specifications or equivalent tests must be carried out in order to verify conformity with the approved type described in the type examination certificate and with the essential requirements that apply to it. In the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out. (2) The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to each approved product or have it affixed under its responsibility. (3) The manufacturer must keep the certificates of conformity at the disposal of the enforcing authority for 10 years after the product has been placed on the market. (5) (1) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure the homogeneity of each lot produced and must present the manufacturer's products for verification in the form of homogeneous lots. (2) A random sample must be taken from each lot by the approved body. All products in a sample must be individually examined, and appropriate tests set out in the relevant designated standard or technical specification or equivalent tests must be carried out in order to ensure their conformity with the essential requirements that apply to them and to determine whether the lot is to be accepted or rejected. In the absence of such a designated standard, the approved body concerned must decide on the appropriate tests to be carried out. (3) If a lot is accepted, all products of the lot must be considered approved, except for those products from the sample that have been found not to satisfy the tests. (4) The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to each approved product or have it affixed under its responsibility. (5) The manufacturer must keep the certificates of conformity at the disposal of the enforcing authority for 10 years after the product has been placed on the market. (6) If a lot is rejected, the approved body or, if the approved body fails to do so, the Secretary of State must take appropriate measures to prevent that lot being placed on the market. In the event of the frequent rejection of lots, the approved body may suspend the statistical verification and take appropriate measures. (6) (1) The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3, the approved body's identification number to each individual product that is in conformity with the approved type described in the type examination certificate and meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (4) If the approved body referred to in paragraph 3 agrees and under its responsibility, the manufacturer may also affix the approved body's identification number to the product. (7) If the approved body agrees and under its responsibility, the manufacturer may affix the approved body's identification number to the product during the manufacturing process. (8) Where the manufacturer appoints an authorised representative (see regulation 39), the obligations in paragraphs 2 and 5(1) must not form part of the authorised representative's mandate. (1) Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2, 3 and 5; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned, which has been subject to the provisions of paragraph 4, meets the essential requirements that apply to it. (2) (1) The manufacturer must draw up the technical documentation and make it available to the approved body referred to in paragraph 4. (2) The technical documentation must— (a) make it possible to assess the product's conformity with the essential requirements that apply to it; (b) include an adequate analysis and assessment of the risks; (c) specify the essential requirements that apply to the product; and (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product. (3) The technical documentation must contain, where applicable, at least the following— (a) a general description of the product; (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits; (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product; (d) a list of the designated standards and other relevant technical specifications, applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied); (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements; (f) results of design calculations made and examinations carried out; (g) test reports. (4) The manufacturer must keep the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. (3) The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with the essential requirements that apply to it. (4) (1) An approved body chosen by the manufacturer must carry out appropriate examinations and tests, set out in the relevant designated standard or technical specification or equivalent tests, to check the conformity of the product with the essential requirements that apply to it or have them carried out. In the absence of such a designated standard or technical specification the approved body concerned must decide on the appropriate tests to be carried out. (2) The approved body must issue a certificate of conformity in respect of the examinations and tests carried out and must affix its identification number to the approved product or have it affixed under its responsibility. (3) The manufacturer must keep the certificates of conformity at the disposal of the enforcing authority for 10 years after the product has been placed on the market. (5) (1) The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 4, the approved body's identification number to each product that meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (1) Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer— (a) fulfils the obligations set out in paragraphs 2 and 5; and (b) ensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it. (2) The manufacturer— (a) must operate an approved quality system for design, manufacture and final product inspection and testing of the product concerned as specified in paragraph 3; and (b) is subject to surveillance as specified in paragraph 4. (3) (1) The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the product concerned. (2) The application must include— (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative; (b) the technical documentation for one model of each category of products intended to be manufactured, which must contain, where applicable, at least the following— (i) a general description of the product; (ii) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits; (iii) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product; (iv) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied); (v) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements; (vi) results of design calculations made and examinations carried out; (vii) test reports; (c) the documentation concerning the quality system; and (d) a declaration that the same application has not been lodged with any other approved body. (3) The quality system must ensure that the products meet the essential requirements that apply to them. (4) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. (5) The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of— (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality; (b) the technical design specifications, including standards, that will be applied and, where the relevant designated standards or technical specifications will not be applied in full, the means that will be used to ensure that the essential requirements that apply to the products will be met; (c) the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the product category covered; (d) the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used; (e) the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out; (f) the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned; (g) the means of monitoring the achievement of the required design and product quality and the effective operation of the quality system. (6) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification. (7) For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that— (a) in addition to experience in quality management systems, the auditing team has at least one member experienced as an assessor in the relevant product field and product technology concerned, and knowledge of the essential requirements that apply to the products; (b) the audit includes an assessment visit to the manufacturer's premises; and (c) the auditing team reviews the technical documentation referred to sub-paragraph (2)(b) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the product with those requirements. (8) The approved body must notify the manufacturer or the manufacturer's authorised representative of its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3). The notification must contain the conclusions of the audit and the approved body's reasoned assessment. (9) The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient. (10) The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary. (11) The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment. (4) (1) The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. (2) The manufacturer must, for assessment purposes, allow the approved body access to the design, manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular— (a) the quality system documentation; (b) the quality records as provided for by the design part of the quality system, such as results of analyses, calculations and tests; and (c) the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned. (3) The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report. (4) In addition, the approved body may pay unexpected visits to the manufacturer. During such visits, the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report. (5) (1) The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that meets the essential requirements that apply to it. (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up. (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request. (6) The manufacturer must, for a period ending at least 10 years after the product has been placed on the market, keep at the disposal of the enforcing authority— (a) the technical documentation referred to in paragraph 3(2)(b); (b) the documentation concerning the quality system referred to in paragraph 3(2)(c); (c) documents relating to any change to the quality system referred to in paragraph 3(10), as approved by the approved body; (d) the decisions and reports of the approved body referred to in paragraphs 3(11) and 4(3) and (4). (7) (1) Each approved body must inform the Secretary of State of quality system approvals issued or withdrawn and must, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted. (2) Each approved body must inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn and, upon request, of quality system approvals which it has issued.

PART 2 — Amendment to Commission Implementing Regulation (EU) 2017/1

Introduction

55

Commission Implementing Regulation (EU) 2017/1 on procedures for watercraft identification under Directive 2013/53/EU of the European Parliament and of the Council on recreational and personal watercraft is amended in accordance with paragraphs 56 to 66.

Amendment to Article 2

56

In Article 2 (definitions)—

• (a) for point (a) substitute—

(a) ‘UK national body’ means a body appointed by the Secretary of State for assigning the unique code of the manufacturer;

• (b) for point (c) substitute—

(c) ‘UK national register’ means the register held by or on behalf of the Secretary of State, where the unique code of manufacturer for manufacturers established in the United Kingdom is recorded;

• (c) for point (d) substitute—

(d) ‘UK third country register’ means the register held by or on behalf of the Secretary of State, where the unique code of manufacturer for manufacturers established outside of the United Kingdom is recorded;

• (d) omit point (e);

• (e) for point (f) substitute—

(f) ‘approved bodies’ register' means the register held by or on behalf of the Secretary of State where the post-construction assessment identification code is recorded.

Amendment to Article 3

57

In Article 3 (watercraft identification number)—

• (a) in paragraph 1(b)—

• (i) for “the national authority of a Member State” substitute “ or on behalf of the Secretary of State ”;

• (ii) omit the words from “however” to the end;

• (b) in paragraph 1(e) after “on the” insert “ United Kingdom ”;

• (c) in paragraph 2 for “Point 2.1 of Annex I to Directive 2013/53/EU” substitute “ paragraph 2.1 of Schedule 1 to the Recreational Craft Regulations 2017 ”.

Amendment to Article 4

58

In Article 4 (assignment of the unique code of the manufacturer)—

• (a) in paragraph 1 for “national authority or national body of the Member State” substitute “ UK national body or, if none is designated, the Secretary of State ”;

• (b) in paragraph 2—

• (i) for “national authority or national body of a Member State” substitute “ UK national body or the Secretary of State ”;

• (ii) for “Union” substitute “ United Kingdom ”.

Amendment to Article 5

59

In Article 5 (national authority for assigning the unique code of the manufacturer)—

• (a) in the heading for “National authority” substitute “ UK national body ”;

• (b) in paragraph 1 for “Each Member State shall designate the national authority or the” substitute “ The Secretary of State may designate the UK ”;

• (c) omit paragraph 2;

• (d) after paragraph 2 insert—

(3) In the absence of a designation under paragraph 1, the Secretary of State is responsible for assigning the unique code of the manufacturer.

Amendment to Article 6

60

In Article 6 (procedure for assignment of the unique code of the manufacturer to a manufacturer established in a Union Member State)—

• (a) in the heading for “manufacturer established in a Union Member State” substitute “ manufacturer established in the United Kingdom ”;

• (b) for paragraph 1 substitute—

(1) A manufacturer established in the United Kingdom must, before placing a watercraft on the market of Great Britain, submit an application in English for the assignment of the unique code of the manufacturer, to the UK national body or, if none is designated, the Secretary of State.

• (c) in paragraph 2—

• (i) for “its Member State” substitute “ the United Kingdom ”;

• (ii) for “a language” to the end, substitute “ English ”;

• (d) in paragraph 3 for “national authority or national body” substitute “ UK national body or, if none is designated, the Secretary of State ”;

• (e) in paragraph 4—

• (i) for “Each Member State” substitute “ The Secretary of State ”;

• (ii) for “their national register” substitute “ the UK national register ”;

• (iii) omit the second sentence.

Amendment to Article 7

61

In Article 7 (procedure for assignment of the unique code of the manufacturer to a manufacturer established in a third country)—

• (a) in the heading and in paragraph 1, for “in a third country” substitute “ outside of the United Kingdom ”;

• (b) in paragraph 1—

• (i) for “Union” substitute “ United Kingdom ”;

• (ii) for “a language which can be easily understood by the authority where the application is introduced as determined by the authority” substitute “ English ”;

• (iii) for “national authority” to the end substitute “ UK national body or, if none is designated, the Secretary of State ”;

• (c) in paragraph 2—

• (i) after “a document” insert “ in English ”;

• (ii) for “that the manufacturer is established” to the end substitute “ in which country the manufacturer is established ”;

• (d) in paragraph 3—

• (i) for “national authority or the national body of the Member State” substitute “ UK national body or, if none is designated, the Secretary of State ”;

• (ii) for “third country register” substitute “ UK third country register ”;

• (iii) omit “to any Member State”;

• (e) omit paragraph 4;

• (f) in paragraph 5—

• (i) for “national authority or national body” substitute “ UK national body or, if none is designated, the Secretary of State ”;

• (ii) omit the second sentence;

• (g) for paragraph 6 substitute—

(6) When assigning the unique code of the manufacturer to a manufacturer established outside of the United Kingdom, the UK national body or, if none is designated, the Secretary of State shall register that code and the name and address of the manufacturer in the UK third country register.

Amendment to Article 8

62

In Article 8 (procedure in case of post-construction assessment)—

• (a) in paragraph 1—

• (i) for “Articles 19 and 23 of Directive 2013/53/EU” substitute “ regulations 42, 43 and 48 of the Recreational Craft Regulations 2017 ”;

• (ii) for “notified” in the first place in which it occurs, substitute “ approved ”;

• (iii) for “his” substitute “ its ”;

• (iv) for “national authority of the Member State where the notified body is established” substitute “ Secretary of State ”;

• (b) in paragraph 2 for “notified” substitute “ approved ” in both places in which it occurs.

Omission of Article 9

63

Omit Article 9 (fees).

Insertion of Article 9A

64

After Article 9 (fees) insert—

(1) In this Article, “pre-exit period” means the period beginning with 24 January 2017 and ending immediately before exit day. (2) Where during the pre-exit period— (a) a manufacturer has submitted an application to the national body of the United Kingdom for the assignment of the unique code of the manufacturer, in accordance with Article 6 as it had effect immediately before exit day; but (b) the unique code of the manufacturer has not been assigned, that application is to be treated as having been submitted under Article 6 as it has effect on and after exit day. (3) Where during the pre-exit period the national body of the United Kingdom has assigned the unique code for a manufacturer, in accordance with Article 4 as it had effect immediately before IP completion day, that unique code is to be treated as if it were issued by the UK national body (or, if none is designated, the Secretary of State) in accordance with Article 4 as it has effect on and after IP completion day.

Omission of Chapter 4

65

Omit Chapter 4 (final provisions).

66

Omit—

• (a) the words “This Regulation shall be binding” to the end;

• (b) “Done at Brussels, 3 January 2017”;

• (c) the signatory text.

SCHEDULE 29 — Amendment of the Radio Equipment Regulations 2017 and related amendments

PART 1 — Amendments to the Radio Equipment Regulations 2017

Introduction

1

The Radio Equipment Regulations 2017 are amended in accordance with paragraphs 2 to 54.

Amendment to regulation 2

2

• (1) Regulation 2 (interpretation) is amended as follows.

• (2) In paragraph (1)—

• (a) omit the definition of “accreditation”;

• (b) omit the definition of “accreditation certificate”;

• (c) after the definition of “the 1987 Act” insert—

“approved body” has the meaning given to it in regulation 46 (approved bodies);

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) omit the definition of “CE marking”;

• (f) omit the definition of “competent national authority”;

• (g) before the definition of “conformity assessment body” insert—

“commencement date” means the date these regulations come into force;

• (h) after the definition of “conformity assessment body” insert—

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) ( declaration of conformity); “designated standard” has the meaning given to it in regulation 2A;

• (i) for the definition of “electromagnetic disturbance” substitute—

“electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

• (j) omit the definition of “EU declaration of conformity”;

• (k) omit the definition of “European Commission”;

• (l) for the definition of “harmful interference” substitute—

“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;

• (m) omit the definition of “harmonised standard”;

• (n) before the definition of “importer” insert—

• (o) for the definition of “importer” substitute—

importer” means a person who— (a) is established in the United Kingdom and places radio equipment from a country outside of the United Kingdom on the market; or (b) is established in Northern Ireland and places radio equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• (p) in the definition of “make available on the market” for “EU market” substitute “market of Great Britain”;

• (q) omit the definition of “national accreditation body”;

• (r) omit the definition of “notified body requirements”;

• (s) omit the definition of “Official Journal”;

• (t) in the definition of “place on the market” for “EU market” substitute “market of Great Britain”;

• (u) in the definition of “put into service” for “the EU” substitute “Great Britain”;

• (v) after the definition of “technical specification” insert—

“UK marking” means the marking in the form set out in Annex 2 of RAMS; “UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

• (3) Omit paragraphs (3) and (6).

New regulation 2A

3

After regulation 2 insert—

(2A) (1) Subject to paragraphs (6) and (7), in these Regulations a reference to a “designated standard” means a technical specification which is— (a) adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory; and (b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate. (2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following— (a) the characteristics required of a product, including— (i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and (ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; (b) production methods and processes relating to the product, where these have an effect on the characteristics of the product. (3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations— (a) the European Committee for Standardisation (CEN); (b) the European Committee for Electrotechnical Standardisation (Cenelec); (c) the European Telecommunications Standards Institute (ETSI); (d) the British Standards Institution (BSI). (4) When considering whether the publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard. (5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with technical specifications adopted by the other recognised standardisation bodies. (6) The Secretary of State may remove the reference to a standard from publication referred to in paragraph (1)(b). (7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard. (8) In this regulation, a reference to a “product” is a reference to radio equipment to which these Regulations apply. (9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies referred. (10) Regulations made under paragraph (9) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Amendment to regulation 3

4

In regulation 3 (scope)—

• (a) in paragraph (3), omit from “Directive” to “or”; and

• (b) in paragraph (4), omit from “Directive” to “or”.

Amendment to regulation 6

5

In paragraph (1) of regulation 6 (essential requirements)—

• (a) in sub-paragraph (a), after “set out in” insert “ the Electrical Equipment (Safety) Regulations 2016 ” and omit from “Directive” to the end of the subparagraph, and

• (b) in sub-paragraph (b), after “set out in” insert “ the Electromagnetic Compatibility Regulations 2016 ” and omit from “Directive” to the end of the subparagraph.

Insertion of regulation 6A

6

After regulation 6 insert—

(6A) (1) The Secretary of State may by regulations— (a) amend regulation 6 to add any of the matters listed in paragraph (2) as additional essential requirements; and (b) specify that only certain categories or classes of radio equipment are required to meet any additional essential requirements. (2) The matters that may be added as additional essential requirements are that the— (a) radio equipment interworks with accessories, in particular with common chargers; (b) radio equipment interworks via networks with other radio equipment; (c) radio equipment can be connected to interfaces of the appropriate type throughout the United Kingdom; (d) radio equipment does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; (e) radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; (f) radio equipment supports certain features ensuring protection from fraud; (g) radio equipment supports certain features ensuring access to emergency services; (h) radio equipment supports certain features in order to facilitate its use by users with a disability; (i) radio equipment supports certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated. (3) Regulations made under paragraph (1)— (a) may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and (b) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Amendment to regulation 8

7

• (1) Regulation 8 (construction must allow operation in at least one Member State) is amended as follows.

• (2) In the heading for “in at least one Member State” substitute “ without infringement of requirements ”.

• (3) In the regulation omit “in at least one Member State” and “in the relevant Member State or Member States”.

Amendment to regulation 10

8

In regulation 10 (EU declaration of conformity and CE marking)—

• (a) in the heading to that regulation—

• (i) for “EU declaration” substitute “ Declaration ”; and

• (ii) for “CE” substitute “ UK ”;

• (b) in paragraph (1)(a)—

• (i) for “an EU” substitute “ a ”; and

• (ii) for “(EU declaration of conformity)” substitute “ (declaration of conformity) ”;

• (c) in paragraph (1)(b)—

• (i) for “CE” substitute “ UK ”; and

• (ii) for “(CE marking)” substitute “ (UK marking) ”;

• (d) in paragraph (2), omit “EU”; and

• (e) for paragraph (3) substitute—

(3) Where radio equipment is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Amendment to regulation 11

9

In regulation 11(retention of technical documentation and EU declaration of conformity), in the heading and in paragraph (a), omit “EU”.

Amendment to regulation 12

10

In regulation 12 (identification of the radio equipment and manufacturer) in paragraph (3), for “competent national authority in the Member State in which it is to be made available to such end users” substitute “ enforcing authority ”.

Amendment to regulation 13

11

Regulation 13 (instructions and information to be included with the radio equipment) is amended as follows—

• (a) in paragraph (1) –

• (i) for sub-paragraph (a) substitute “ (a) are clear, legible and in easily understandable English, ”;

• (ii) at the end of sub-paragraph (b) insert “ and ”;

• (iii) at the end of sub-paragraph (c) for “, and” substitute “ . ”; and

• (iv) omit sub-paragraph (d);

• (b) in paragraph (3), in each place in which it occurs, omit “EU”; and

• (c) omit paragraph (4).

Amendment to regulation 14

12

In regulation 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use)—

• (a) in paragraph (1)—

• (i) omit “Member States and the”; and

• (ii) for “within a Member State” substitute “ in the United Kingdom ”;

• (b) for paragraph (2)(b)—

• (i) for “Commission” substitute “ the ”; and

• (ii) omit from “specifying” to the end;

• (c) in paragraph (3), for “on or after 8th August 2018” substitute “ on or after IP completion day ”.

Amendment to regulation 15

13

In regulation 15 (duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity), in paragraph (2) omit “and the competent national authorities of any other Member State in which the manufacturer made the radio equipment available on the market,”.

Amendment to regulation 16

14

In regulation 16 (provision of information and cooperation) for paragraph (1) substitute—

(1) Following a request from the enforcing authority, the manufacturer must, within such reasonable period as the authority may specify, provide the authority concerned with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.

Amendment to regulation 17

15

In regulation 17 (compliance procedures for series production), in paragraph (2)(b)—

• (a) for “harmonised” substitute “ designated ”;

• (b) omit “EU”.

Insertion of regulations 18A, 18B and 18C

16

After regulation 18 (monitoring) insert—

(18A) (1) In this regulation “product” means a combination of radio equipment and software allowing such radio equipment to be used as intended. (2) The Secretary of State may by regulations make provision requiring a manufacturer of a product to provide the Secretary of State with information on the compliance of the product with the essential requirements. (3) Regulations under paragraph (2) may— (a) specify categories or classes of product for which a manufacturer must provide information on compliance; (b) include requirements as to— (i) the identification of the radio equipment and software intended to be used in combination; (ii) the results of conformity assessment carried out in accordance with regulation 41(conformity assessment procedures); (iii) the form the information must take; (c) make provision for the information on compliance to be made available to the enforcing authorities; and (d) make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate. (4) Regulations made under paragraph (2) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (18B) (1) In this regulation “product” means radio equipment types that fall within categories of radio equipment affected by a low level of compliance with the essential requirements. (2) The Secretary of State may by regulations make provision requiring a manufacturer, before placing a product on the market, to— (a) register information on compliance with the essential requirements; and (b) affix to the product a registration number allocated by the Secretary of State. (3) Regulations made under paragraph (2) may specify— (a) the categories or classes of product in respect of which the manufacturer must register information; (b) that some or, where the Secretary of State considers necessary, all of the technical documentation listed in Schedule 5 must be registered; (c) that when setting out a registration process the Secretary of State must take the following matters into account— (i) whether the process includes a central system of registration by manufacturers; (ii) whether the process ensures appropriate control of access to information of a confidential nature; and (iii) whether the process allocates a registration number to each registered radio equipment type. (4) Regulations made under paragraph (2)— (a) may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and (b) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Power to require registration of radio equipment

18C

• (1) The Secretary of State may by regulations—

• (a) amend regulation 14(2)(b);

• (b) amend the Implementing Regulation;

• (c) make provision specifying the manner and form in which information concerning any restrictions or putting into service or requirements for authorisation of use must be presented.

• (2) Regulations made under paragraph (1)—

• (a) may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and

• (b) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

Amendment to regulation 19

17

In regulation 19 (authorised representatives)—

• (a) in paragraph (1), for “within the EU” substitute “ in the United Kingdom ”;

• (b) in paragraphs (3)(a) and (4)(c), omit “EU”; and

• (c) in paragraph (4)(c), for “CE” substitute “ UK ”.

Amendment to regulation 21

18

In regulation 21 (requirements which must be satisfied before an importer places radio equipment on the market)—

• (a) in paragraph (b), omit “in at least one Member State” and “in the relevant Member State or Member States”; and

• (b) in paragraph (d)(i) for “CE” substitute “ UK ”.

Amendment to regulation 23

19

Regulation 23 (information identifying importer) is amended as follows –

• (a) in paragraph (2), for “competent national authority in the Member State in which it is made available to such end-users” substitute “ enforcement authority ”; and

• (b) for paragraph (3) substitute—

(3) Paragraph (1) does not apply where— (a) either— (i) it is not possible to set out the information referred to in paragraph (1) on the radio equipment, or (ii) the importer has imported the radio equipment from an EEA state or Switzerland and places it on the market within the period of 24 months beginning with IP completion day, and (b) before placing the radio equipment on the market, the importer sets out the information referred to in paragraph (1)- (i) on the packaging; or (ii) in a document accompanying the radio equipment.

Amendment to regulation 24

20

In regulation 24 (instructions and safety information)—

• (a) in paragraph (1), for “in a language which can be understood by customers and other end users in the Member State in which the radio equipment is to be made available to such consumers and end-users” substitute “ that are clear, legible and in easily understandable English ”; and

• (b) omit paragraph (2).

Amendment to regulation 27

21

In regulation 27 (duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity), in paragraph (2), omit “and the competent national authorities of any other Member State in which the importer made the radio equipment available on the market,”.

Amendment to regulation 28

22

In regulation 28 (retention of technical documentation and EU declaration of conformity), in the heading to that regulation and in paragraph (a), omit “EU”.

Amendment to regulation 29

23

In regulation 29 (provision of information and cooperation)—

• (a) in paragraph (1) omit “or a competent national authority of another Member State”; and

• (b) in paragraph (3)(b) for “authority concerned” substitute “ enforcing authority ”.

Amendment to regulation 31

24

In regulation 31 (requirements which must be satisfied before a distributor makes radio equipment available on the market)—

• (a) in paragraph (1)(a)(i), for “CE” substitute “ UK ”;

• (b) in paragraph (1)(a)(iii), for “in a language which can be easily understood by consumers and other end-users in the Member State in which the radio equipment is to be made available on the market” substitute “ which are clear, legible and in easily understandable English ”;

• (c) in paragraph (1)(b)(i), for “in at least one Member State” substitute “ without infringement of requirements ”; and

• (d) omit paragraph (2).

Amendment to regulation 34

25

In regulation 34 (duty to take action in respect of radio equipment made available on the market which is not in conformity), in paragraph (2) omit “and the competent national authorities of the other Member States in which the distributor has made the radio equipment available on the market”.

Amendment to regulation 35

26

In regulation 35 (provision of information and cooperation)—

• (a) in paragraph (1) omit “or a competent national authority of another Member State”; and

• (b) in paragraph (3)(b) for “authority concerned” substitute “ enforcing authority ”; and

• (c) in paragraph (4) omit “a competent national authority of another Member State”.

New regulation 36A

27

After regulation 36 insert—

(36A) (1) In this regulation— (a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive; (b) “CE marking” has the meaning given to it in Article 2(26); (c) “harmonised standard” has the meaning given to it in Article 2(18). (2) Subject to paragraphs (6) and (7), paragraph (3) applies where, before placing radio equipment on the market, the manufacturer— (a) ensures that the radio equipment has been designed and manufactured in accordance with the essential safety requirements set out in Article 3; (b) ensures that the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 of the Directive has been carried out; (c) affixes a CE marking and where the conformity assessment procedure set out in Annex IV is applied, the notified body identification number, in accordance with Articles 19 and 20(1) to (3); (d) draws up the technical documentation in accordance with Article 21; (e) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English; (f) draws up an EU declaration of conformity, in accordance with Article 18; and (g) ensures that the EU declaration of conformity is prepared in or translated into English. (3) Where this paragraph applies— (a) the requirements of regulations 7, 9, 10(1) and (3) are to be treated as being satisfied; (b) regulations 2(2)(a), 10(2), 11, 19(3) and 39 apply subject to the modifications in paragraph (8); (c) Part 3 does not apply; and (d) regulation 63 does not apply. (4) Subject to paragraphs (6) and (7) paragraph (5) applies where, before placing radio equipment on the market, the importer ensures that— (a) the conformity assessment procedure that applies to that radio equipment in accordance with Article 17 has been carried out; (b) the manufacturer has drawn up the technical documentation referred to in Annex V; and (c) the radio equipment bears the CE marking referred to Article 19. (5) Where this paragraph applies— (a) the requirements of regulation 21(a) to (d) are to be treated as being satisfied; and (b) regulations 2(2)(a), 22(1), 25 and 28 apply subject to the modifications in paragraph (10). (6) 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 as referred to in Article 16. (7) Where paragraph (6) applies paragraphs (2)(b) and (4)(a) are to be treated as requiring the manufacturer to have carried out— (a) one of the conformity assessment procedures in Article 17(1) with respect to the essential requirements set out in Article 3(1); and (b) the conformity assessment procedure in Article 17(4) with respect to the essential requirements set out in Article 3(2) and (3). (8) Paragraph (9) applies where, before making radio equipment available on the market, a distributor ensures that the radio equipment bears the CE marking referred to in Article 19. (9) Where this paragraph applies— (a) regulation 31(a)(i) is satisfied; and (b) regulations 32(1) and 33 apply subject to the modifications in paragraph (10). (10) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (8)(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 a reference to the CE marking; (c) any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements set out in Article 3; (d) any reference to “designated standard” is to be read as a reference to a harmonised standard within the meaning of Article 2(18); (e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the radio equipment in accordance with Article 17; (f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex V. (36B) (1) Subject to paragraph (2), regulation 36A ceases to have effect at the end of the period of 12 months beginning with IP completion day. (2) Notwithstanding the expiry of regulation 36A— (a) any radio equipment which was placed on the market pursuant to regulation 36A may continue to be made available on the market on or after the expiry of regulation 36A; (b) any obligation to which a person was subject under regulation 36A in respect of any radio equipment placed on the market pursuant to regulation 36A continues to have effect after the expiry of regulation 36A, in respect of that equipment. (36C) (1) Where paragraph (2) applies radio equipment is to be treated as being in conformity with Part 2. (2) This paragraph applies where— (a) radio equipment— (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and (ii) is qualifying Northern Ireland goods; and (b) an importer has complied with the obligations set out in paragraph (3). (3) The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer— (a) complies with regulation 23; (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; (4) In this regulation— - “CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland; - “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), as it applies in Northern Ireland; - “technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

Amendment to regulation 37

28

Omit regulation 37 (translation of declaration of conformity).

Amendment to regulation 39

29

In regulation 39 (prohibition on improper use of CE marking) in the heading to that regulation and in each place where it occurs, for “CE” substitute “ UK ”.

Amendment to regulation 40

30

In regulation 40 (presumption of conformity), paragraph (1)—

• (a) for “harmonised” substitute “ designated ”; and

• (b) omit “the reference to which has been published in the Official Journal,”.

Amendment to regulation 41

31

In regulation 41 (conformity assessment procedures)—

• (a) in paragraph (4)(b) omit “EU-”; and

• (b) in paragraphs (5) and (6)—

• (i) in each place where it occurs for “harmonised” substitute “ designated ”; and

• (ii) omit “the references to which have been published in the Official Journal”.

Amendment to regulation 42

32

In regulation 42 (EU declaration of conformity)—

• (a) in the heading, for “EU declaration” substitute “ Declaration ”; and

• (b) in the opening words and paragraph (b), omit “EU”.

Amendment to regulation 43

33

In regulation 43 (simplified EU declaration of conformity), in the heading and each place where it occurs, omit “EU”.

Amendment to regulation 44

34

In regulation 44 (CE marking)—

• (a) for paragraph (1) substitute—

(1) The UK marking must be affixed visibly, legibly and indelibly— (a) to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the radio equipment; or (b) where paragraph (1A) applies— (i) to a label affixed to the radio equipment or its data plate; or (ii) to a document accompanying the radio equipment.

• (aa) after paragraph (1) insert—

(1A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the radio equipment or its data plate; or (b) a document accompanying the radio equipment.

• (ab) for paragraph (2) substitute—

(2) The UK marking must be affixed visibly and legibly— (a) to the radio equipment packaging; or (b) where paragraph (2A) applies— (i) to a label affixed to the radio equipment packaging; or (ii) a document accompanying the radio equipment packaging.

• (ac) after paragraph (2) insert—

(2A) For a period of 24 months beginning with IP completion day, the UK marking may be affixed to— (a) a label affixed to the radio equipment packaging; or (b) a document accompanying the radio equipment packaging.

• (ad) in the heading and in paragraphs (3) to (5) for “CE” substitute “ UK ”;

• (b) in all places where it occurs, for “notified body” substitute “ approved body ”.

Amendment to regulation 45

35

In regulation 45 (technical documentation)—

• (a) omit paragraph (3); and

• (b) in paragraph (4), for “paragraphs (1), (2) or (3)” substitute “ paragraphs (1) and (2) ”.

Amendment to Part 4

36

For Part 4 notification of conformity assessment bodies), substitute—