S.L. 427.39 Art. 22DPresumption of conformity based on harmonised standards and common specifications.

(1) Without prejudice to regulation 17, products which are in conformity with the standards or common specifications or parts thereof referred to in these regulations, shall be presumed to be in conformity with the applicable essential health and safety requirements established in Schedule II which are 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 the common specifications referred to in sub-regulation (1).

(3) By way of derogation from regulation 22A(3), unless there is sufficient reason to believe that the products covered by the harmonised standards or common specifications referred to in sub-regulation (1) present a risk to the health or safety of persons, the products which are in conformity with those standards or common specifications and which have been placed on the market shall be deemed to be in conformity with the applicable essential health and safety requirements established in Schedule II after the expiry or deactivation of the internal market emergency mode.

(4) When the Technical Regulations Division 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 specified in Schedule I, it shall inform the Commission by submitting a detailed explanation thereof.