PART 2Prohibitions and Obligations on Economic Operators

All economic operators

F1Obligations which are met by complying with obligations in the Directive39A

1

In this regulation—

a

any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

b

“CE marking” has the meaning given to it in Article 3(16);

c

“harmonised standard” has the meaning given to it in Article 3(8);

2

Subject to paragraphs (6) and (7) paragraph (3) applies where, before placing a toy on the UK market, a manufacturer—

a

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

i

in Article 10 (essential safety requirements); and

ii

Annex II (particular safety requirements);

b

carries out the safety assessment in accordance with Article 18;

c

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

d

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

e

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

f

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

g

affixes the CE marking in accordance with Articles 16 and 17;

h

draws up an EC declaration of conformity, in accordance with Article 15; and

i

ensures that the EC declaration of conformity is prepared in or translated into English.

3

Where this paragraph applies—

a

the requirements of regulations 10 to 15, 16(1) to (2), 17(1) to (4) and 18, are to be treated as being satisfied;

b

regulations 16(4) to (5), 17(5) and (10), 21, 22, 39 and 44 are to be read subject to the modifications in paragraph (10);

c

regulations 42 to 44 do not apply; and

d

regulation 52 does not apply.

4

Subject to paragraphs (6) and (7), paragraph (5) applies, where before placing a toy on the market, the importer ensures that—

a

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

b

the manufacturer has drawn up the technical documentation in accordance with Article 21(1); and

c

the toy bears the CE marking affixed in accordance with Articles 16 and 17.

5

Where this paragraph applies—

a

the requirements in regulation 26(a)(i) to (iii) are to be treated as being satisfied; and

b

regulations 26(1), 28 and 30 to 32 are to be read 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.

7

Where paragraph (6) applies paragraphs (2)(c) and (4)(a) are to be treated as requiring the manufacturer to carry out the conformity assessment procedure referred to in Article 19(3).

8

Paragraph (9) applies where before making a toy available on the market, a distributor ensures that the manufacturer has affixed the CE marking in accordance with Articles 16 and 17.

9

Where this paragraph applies—

a

regulation 33(3)(a)(i) is to be treated as being satisfied;

b

regulation 33(2), 34, 35 and 37 are to be read subject to the modifications in paragraph (10).

10

The modifications referred to in paragraphs (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 EC 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 requirements set out in—

i

in Article 10 (essential safety requirements); and

ii

Annex II (particular safety requirements);

d

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

e

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

f

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

g

any reference to “authorised representative” is a reference to a person appointed in accordance with Article 5; and

h

any reference to “Type examination” is a reference to “EC-type examination”.