S.L. 427.36 Art. 18DPresumption of conformity based on harmonised standards and common specifications.

(1) Without prejudice to regulation 8, machinery which is in conformity with the harmonised standards or common specifications or parts thereof referred to in these regulations, shall be presumed to be in conformity with the relevant essential health and safety requirements established in Schedule I covered by those standards, common specifications or parts thereof.

(2) From the day following the expiry or deactivation of the internal market emergency mode, it shall no longer be possible for manufacturers to rely on the presumption of conformity provided by the harmonised standards or common specifications referred to in these regulations.

(3) By way of derogation from regulation 18A(3), unless there is sufficient reason to believe that the machinery covered by the standards or common specifications referred to in sub-regulation (1) presents a risk to the health or safety of persons, the machinery which is in conformity with respective standards or common specifications and which have been placed on the market or put into service shall be deemed to be in conformity with the relevant essential health and safety requirements established in Schedule I after the expiry or deactivation of the internal market emergency mode.

(4) When the TRD considers that a standard or common specification as referred to in sub-regulation (1) does not entirely satisfy the relevant essential health and safety requirements established in Schedule I, it shall inform the Commission by submitting a detailed explanation thereof.