OpenLegislation

Article 39 Formal non-compliance

United Kingdom

Original text. Later amendments are not shown.

1.

Without prejudice to Article 36, where a F1market surveillance authority makes one of the following findings concerning products covered by this Chapter, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)

the F2UK marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 15 or Article 16 of this Regulation;

(b)

the F3UK marking or type has not been affixed;

(c)

the identification number of the F4approved body, where the conformity assessment procedure set out in Part 9 of the Annex is applied, has been affixed in violation of Article 16 or has not been affixed;

(d)

the UA class identification label has not been affixed;

(e)

the indication of the sound power level if required has not been affixed;

(f)

the serial number has not been affixed or has not the correct format;

(g)

the manual or the information notice is not available;

(h)

the F5... declaration of conformity is missing or has not been drawn up;

(i)

the F6... declaration of conformity has not been drawn up correctly;

(j)

technical documentation is either not available or not complete;

(k)

manufacturer's or importer's name, registered trade name or registered trademark, website address or postal address are missing.

2.

Where the non-compliance referred to in paragraph 1 persists, the F7Secretary of State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is withdrawn or recalled from the market.

Annotations

Textual amendments

F1

Words in Art. 39(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(a)

F2

Words in Art. 39(1)(a) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(b)

F3

Words in Art. 39(1)(b) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(b)

F4

Word in Art. 39(1)(c) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(c)

F5

Word in Art. 39(1)(h) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(d)

F6

Word in Art. 39(1)(i) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(d)

F7

Words in Art. 39(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(3)

Notes on Chapter II

Textual amendments

F1

Words in Ch. II heading omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 8

F2

Substituted by Commission Delegated Regulation (EU) 2020/1058 of 27 April 2020 amending Delegated Regulation (EU) 2019/945 as regards the introduction of two new unmanned aircraft systems classes.

Notes on Section 5

Textual amendments

F1

Ch. 2 s. 5 heading substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 35