# Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (Text with EEA relevance), Article 37: Procedure ... for dealing with appliances or fittings presenting a risk

Extent: E+W+S+N.I.

1. Where the market surveillance authority has sufficient reason to believe that an appliance or fitting covered by this Regulation presents a risk to the health or safety of persons or to domestic animals or property, the authority shall carry out an evaluation in relation to the appliance or fitting concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authority for that purpose.
Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authority finds that the appliance or fitting does not comply with the requirements laid down in this Regulation, the authority shall without delay require the relevant economic operator to take all appropriate corrective action to bring the appliance or fitting into compliance with those requirements, to withdraw the appliance or fitting from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as the authority may prescribe.
The market surveillance authority shall inform the relevant approved body accordingly.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The economic operator shall ensure that all appropriate corrective action is taken in respect of all the appliances and fittings concerned that he has made available on the market ....
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authority shall take all appropriate ... measures to prohibit or restrict the appliances or fittings being made available on the market, to withdraw the appliance or fitting from that market or to recall it.
...
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

---
Source: https://www.legislation.gov.uk/eur/2016/426/article/37 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-426/article-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.