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SPECIFICATION FOR THE REINSTATEMENT OF OPENINGS IN ROADS
Preface
Recognition of Equivalent Standards and Testing
The requirement for goods or materials to comply with certain specifications or to undergo specified tests shall be satisfied if such goods or materials comply with equivalent specifications of, or have undergone equivalent tests in, another member state of the European Economic Area.
The basis on which specifications and tests shall be adjudged to be equivalent is set out in the current version of Clauses 104 and 105 of the Highways Agency "Specification for Highway Works". Relevant extracts are reproduced below.
Clause 104: Standards, Quality Assurance, Agrément Certificates and Other Approvals
Sub-clause 1
"Except where the specified standard implements or is technically equivalent to a Harmonised European Standard or to a European Standard adopted for use after 31 December 1985, any requirement for goods or materials to comply with the specified standard shall be satisfied by compliance with:
(i) a relevant standard or code of practice of a national standards body or equivalent body of any Member State of the European Economic Area; or
(ii) a relevant international standard recognised for use in any Member State of the European Economic Area; or
(iii) a technical regulation of any Member State of the European Economic Area; or
(iv) traditional procedures of manufacture of any Member State of the European Economic Area where these are the subject of a written technical description sufficiently detailed to permit assessment of the goods or materials for the use specified; or
(v) a European Technical Approval (ETA) issued in accordance with the Construction Products Directive 89/106/EEC (or, until procedures are available for the issue of ETAs, a specification sufficiently detailed to permit assessment) for goods or materials of an innovative nature or subject to innovative processes of manufacture and which fulfil the purpose provided for by the specified standard provided that the proposed standard, code of practice, regulation, specification, technical description or European Technical Approval provides, in use, levels of safety, suitability and fitness for purpose equivalent to those required by the specified standard in so far as they are not inconsistent with the "Essential Requirements" of the Construction Products Directive (89/106/EEC). This clause applies also to works only in so far as the means of carrying out such works are indivisibly associated with the goods or materials for which an alternative standard, code of practice, regulation, specification or technical description is proposed."
Clause 105: Goods, Materials, Sampling and Testing Goods and Materials
Sub-Clause 4
"Where testing including sampling is carried out in another Member State of the European Economic Area such tests shall be undertaken by an appropriate organisation offering suitable and satisfactory evidence of technical and professional competence and independence…".
Sub-Clause 5
"Where goods or materials are accepted on the basis of an equivalent standard, code of practice, specification, technical description, quality management scheme, product certification scheme or Agrément certificate as provided for in Clause 104, testing and sampling as specified in or applicable to such equivalent standard, code of practice, specification, technical description, quality management scheme, product certification scheme or Agrément certificate is accepted
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