Paragraph 2 E1

England, Wales and Scotland

(1)

If a product so tested fails to comply with F1a product-specific measure, the market surveillance authority may recover its testing costs from the person who placed it on the market for the first time.

(2)

Costs include in particular—

(a)

all the costs of purchasing and disposing of the product;

(b)

all the administration and labour costs including third party testing costs throughout the testing period.

(3)

The market surveillance authority is not entitled to recover any costs proven to have been incurred unnecessarily.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 2(1) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 8; 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only