Regulation 14 Appeal rights
An application for an order to vary or set aside the notice issued by an enforcement authority under regulation 8 or RAMS may be made by a responsible person, distributor, or other person having an interest in the product in respect of which the notice is issued.
An application must be made before the end of the period of 21 days beginning with the day on which the enforcement authority's notice was served on the responsible person or distributor.
The appropriate court (as determined in accordance with regulation 16 may only make an order setting aside the measures if satisfied—
that no contravention of the F1EU Cosmetics Regulation has occurred; or
that the measures required were not proportionate to the breach of the EU Cosmetics Regulation or these Regulations.
On an application to vary the terms of the notice, the appropriate court may vary the terms of the notice as it considers appropriate.
Annotations
Textual amendments
- F1
Word in regs. 12-15 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 38 (with regs. 2, 3) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)