Regulation 7 OffencesE1

England, Wales and Scotland

C1 C2 C3(1)

It is an offence for an economic operator to contravene the requirements and obligations set out in—

(a)

Article 8 (obligations of manufacturers);

(b)

Article 10 (obligations of importers);

(c)

Article 11 (obligations of distributors);

(d)

Article 13 (identification of economic operators);

(e)

Article 16 (general principles of F1UK marking); and

(f)

Article 17 (rules and conditions for affixing the UK marking).

(2)

It is an offence for an economic operator to fail to—

(a)

cooperate with;

(b)

provide information to; and

(c)

comply with any of the requirements of,

the market surveillance authority acting under Article 38.

C4 C5 C6(3)

It is an offence for an economic operator to fail to take the action required under—

(a)

Article 40 (compliant PPE which presents a risk); or

(b)

Article 41 (formal non-compliance).

(4)

It is an offence for a person—

(a)

to intentionally obstruct an enforcement authority acting in the execution or enforcement of EU Regulation 2016/425;

(b)

without reasonable cause, to fail to give such an enforcement authority any assistance or information which that person may reasonably require for those purposes;

(c)

to knowingly or recklessly furnish to such an enforcement authority any information knowing it to be false or misleading in a material particular; or

(d)

to fail to produce a document or record for such an enforcement authority when required to do so.

(5)

Proceedings must not be commenced against an economic operator under paragraph (1), (2) or (3) if the economic operator has been given a time period within which to comply or take action, and that time period has not expired.

Annotations

Textual amendments

F1: Word in reg. 7(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 1(6) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1: Reg. 7(1) modified (W.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/1489), regs. 1(1), 4(1) (with reg. 4(4))
C2: Reg. 7(1) modified (E.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1484), regs. 1(1), 4(1) (with reg. 4(4))
C3: Reg. 7(1) modified (S.) (1.2.2021) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/50), regs. 1, 4(1) (with reg. 4(4))
C4: Reg. 7(3) modified (E.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1484), regs. 1(1), 4(2)(3) (with reg. 4(4))
C5: Reg. 7(3) modified (W.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/1489), regs. 1(1), 4(2)(3) (with reg. 4(4))
C6: Reg. 7(3) modified (S.) (1.2.2021) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/50), regs. 1, 4(2)(3) (with reg. 4(4))

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only