Paragraph 12 Enforcement action in respect of formal non-complianceF1

(1)

Where the Executive makes one of the following findings relating to a civil explosive, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—

(a)

the F2UK marking—

(i)

has not been affixed; or

(ii)

has been affixed otherwise than in accordance with regulations 64 (prohibition on improper use of UK marking) and 68 (UK marking);

(b)

where F3an approved body is involved in the production control phase for the civil explosive, the identification number of F4the approved body—

(i)

has not been affixed; or

(ii)

has been affixed otherwise than in accordance with regulation 68;

(c)

the F5declaration of conformity—

(i)

has not been drawn up; or

(ii)

has been drawn up otherwise than in accordance with regulations 41 (declaration of conformity and F6UK marking) and 67 (declaration of conformity);

(d)

the technical documentation is either not available or not complete;

(e)

the following information that is required in respect of the civil explosive is absent, false or incomplete—

(i)

the information specified in regulation 44 (traceability of civil explosives to which regulations 33, 34 and 36 do not apply);

(ii)

the information specified in regulation 50 (information identifying importer); or

(f)

any other administrative requirement imposed on the manufacturer or importer under Part 13 has not been fulfilled.

(2)

Until the specified period has elapsed, the Executive must not commence proceedings in relation to Part 13 of these Regulations, or take any other enforcement action in relation to that Part, against the relevant economic operator in respect of the non-compliance concerned.

(3)

Where the non-compliance referred to in sub-paragraph (1) persists, the Executive must take appropriate measures to—

(a)

restrict or prohibit the civil explosive being made available on the market;

(b)

ensure that the civil explosive is withdrawn; or

(c)

ensure that the civil explosive is recalled.

(4)

This paragraph does not apply where a civil explosive presents a risk.

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: Words in Sch. 12 para. 12(1)(a) 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(k)(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. 12(1)(b) 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(k)(ii) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Sch. 12 para. 12(1)(b) 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(k)(iii) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Sch. 12 para. 12(1)(c) 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(k)(iv) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Sch. 12 para. 12(1)(c) 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(k)(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)