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Regulation 69 Enforcement action in respect of products that are not in conformity and which present a riskE1I1

England, Wales and Scotland

(1)

Where in the course of the evaluation referred to in regulation 68 (evaluation of product presenting a risk), an enforcing authority finds that the product is not in conformity with Part 2 of these Regulations it must, without delay, require a relevant economic operator to—

(a)

take the appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;

(b)

withdraw the product within a prescribed period; or

(c)

recall the product within a prescribed period.

(2)

The enforcing authority must inform F1any approved body that carried out the conformity assessment in relation to the product of—

(a)

the respect in which the product is not in conformity with Part 2 ; and

(b)

the actions which the market surveillance authority requires the relevant economic operator to take to bring the product into conformity with Part 2.

(3)

Where the enforcing authority is not the Secretary of State and it considers that the non-conformity referred to in paragraph (1) is not restricted to products that have been placed or made available on the market in the United Kingdom, it must notify the Secretary of State of—

(a)

the results of the evaluation; and

(b)

the actions which it has required the economic operator to take.

F2(4)

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

(5)

Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)

prohibit or restrict the product being made available on the market in the United Kingdom;

(b)

withdraw the product from the United Kingdom market; or

(c)

recall the product.

(6)

Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F3(7)

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

(8)

The F4notice referred to in paragraph (6) must include details about the product and, in particular—

(a)

the information necessary to identify the product that is not in conformity;

(b)

the origin of the product;

(c)

the nature of the alleged lack of conformity and the risk involved;

(d)

the nature and duration of the measures taken;

(e)

the arguments put forward by the economic operator; and

(f)

whether the failure of the product to conform with the requirements of Part 2 is due to—

(i)

the failure of the product to meet the requirements of that Part and Schedule 1 relating to risk; or

(ii)

shortcomings in F5a designated standard referred to in regulation 41 (presumption of conformity) which confers a presumption of conformity.

(9)

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 product.

Annotations

Textual amendments

F1

Words in reg. 69(2) 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. 28 para. 37(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Reg. 69(4) 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. 28 para. 37(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Reg. 69(7) 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. 28 para. 37(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in reg. 69(8) 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. 28 para. 37(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in reg. 69(8)(f)(ii) 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. 28 para. 37(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 69 in force at 3.8.2017, see reg. 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