Paragraph 2 Withdrawal noticeI1
England, Wales and Scotland
The market surveillance authority may serve a withdrawal notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that—
the product has been made available on the market; and
there is non-compliance.
A withdrawal notice must prohibit the relevant economic operator from making the product available on the market without the consent of the market surveillance authority.
A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the product.
A withdrawal notice may require the relevant economic operator to keep the market surveillance authority informed of the whereabouts of any product referred to in the notice.
A consent given by the market surveillance authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the market surveillance authority considers appropriate.
Subject to sub-paragraph (7), the market surveillance authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
The market surveillance authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
A withdrawal notice has effect throughout Great Britain.
Annotations
Commencement
- I1
Sch. 5 para. 2 in force at 8.12.2016, see reg. 1(1)