# The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, Paragraph 2: Withdrawal notice

Extent: E+W+S

(1) 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—
(a) the product has been made available on the market; and
(b) there is non-compliance.
(2) 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.
(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the product.
(4) 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.
(5) 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.
(6) Subject to sub-paragraph (7), the market surveillance authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
(7) 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.
(8) A withdrawal notice has effect throughout Great Britain.

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Source: https://www.legislation.gov.uk/uksi/2016/1107/schedule/5/paragraph/2 (the official version)
Page: https://openlegislation.uk/equipment-and-protective-systems-intended-for-use-in-potentially-explosive-atmospheres-regulations-2016/schedule-5/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.