Regulation 62 Enforcement action in respect of radio equipment which is in conformity, but presents a riskE1

England, Wales and Scotland

(1)

Where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—

(a)

ensure that the radio equipment, when placed on the market, no longer presents a risk,

(b)

withdraw the radio equipment within a prescribed period, or

(c)

recall the radio equipment within a prescribed period.

(2)

Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F1(3)

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

(4)

The F2notification referred to in paragraph (2) must include details about the radio equipment and, in particular—

(a)

the data necessary for the identification of the radio equipment concerned,

(b)

the origin and the supply chain of the radio equipment,

(c)

the nature of the risk involved, and

(d)

the nature and duration of the measures taken by the enforcing authority.

(5)

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

(a)

prescribed by the enforcing authority, and

(b)

reasonable and commensurate with the nature of the risk presented by the radio equipment.

Annotations

Textual amendments

F1: Reg. 62(3) 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. 29 para. 41(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 62(4) 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. 29 para. 41(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

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