OpenLegislation

Regulation 59 EU safeguard procedureF1

United Kingdom

(1)

Where another F2relevant state has initiated the procedure under Article 37 of the Directive, the market surveillance authority must without delay, inform the Commission and the other relevant states of—

(a)

any measures taken by competent authority in respect of the regulated non-automatic weighing instrument;

(b)

any additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the regulated non-automatic weighing F3instrument.

F4(c)

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

(2)

Where a measure taken by another F5relevant state in respect of a regulated non-automatic weighing instrument is considered justified under Article 37(7) of the Directive, the market surveillance authority must ensure that appropriate measures to withdraw the instrument are taken in respect of the regulated non-automatic weighing instrument without delay.

(3)

If, pursuant to Article 38 of the Directive, the Commission considers a direction given pursuant to regulation 58(4) is unjustified, the market surveillance authority must forthwith withdraw it and notify other competent authorities and economic operators affected accordingly.

Annotations

Textual amendments

F1

Reg. 59 omitted (E.W.S.) (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. 26 para. 34 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 59(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(a)(i)

F3

Word in reg. 59(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(a)(ii)

F4

Reg. 59(1)(c) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(a)(iii)

F5

Word in reg. 59(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(b)