Paragraph 24 Non-compliance with an enforcement undertaking
United Kingdom
If a person does not comply with an enforcement undertaking the market surveillance authority may in the case of an offence committed under regulation 11(1)—
serve a compliance notice, non-compliance penalty, stop notice or variable monetary penalty; or
bring criminal proceedings.
If a person has complied partly but not fully with an undertaking, that partial compliance must be taken into account in the imposition of any criminal or other sanction on the person.
Criminal proceedings for offences to which an enforcement undertaking relates may be instituted at any time up to 6 months from the date when the market surveillance authority notifies the person that they have failed to comply with that undertaking.