Paragraph 11 Enforcement action in respect of civil explosives which are in conformity, but present a riskF1

(1)

Where, having carried out an evaluation under paragraph 8, the Executive finds that, although a civil explosive is in conformity with Part 13 it presents a risk, the Executive must require a relevant economic operator to take appropriate measures to—

(a)

ensure that the civil explosive concerned, when placed on the market, no longer presents a risk;

(b)

withdraw the civil explosive within a prescribed period; or

(c)

recall the civil explosive within a prescribed period.

(2)

Where the Executive takes measures under sub-paragraph (1), it must notify the Secretary of State immediately.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

F3The notice referred to in sub-paragraph (2) must include details about the civil explosive and, in particular—

(a)

the data necessary for the identification of the civil explosive concerned;

(b)

the origin and the supply chain of the civil explosive;

(c)

the nature of the risk involved; and

(d)

the nature and duration of the measures taken by the Executive.

(5)

In this paragraph, “prescribed period” means a period which is—

(a)

prescribed by the Executive; and

(b)

reasonable and commensurate with the nature of the risk presented by the civil explosive.

Annotations

Textual amendments

F1: Sch. 12 substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15)
F2: Sch. 12 para. 11(3) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 32(i) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Sch. 12 para. 11(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 32(j) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)