OpenLegislation

Regulation 70 EU Safeguard procedureI1

Northern Ireland

(F11)

Where another F2relevant state has initiated the procedure under Article 44 of the Directive (as amended from time to time), the market surveillance authority must, without delay, inform the Secretary of State of—

(a)

any measures taken by the market surveillance authority in respect of the product; and

(b)

any additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the product.

(2)

Where another F3relevant state has initiated the procedure under Article 44 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the Commission and the other F4relevant states of—

(a)

any measures taken by a market surveillance authority F5in Northern Ireland in respect of the product;

(b)

any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the F6product.

F7(c)

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

(3)

Where a measure taken by another F8relevant state in respect of a product is considered justified under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken F9in Northern Ireland in respect of the product without delay.

(4)

Where a measure taken by another F10relevant state in respect of a product is considered justified by the Commission under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the product is withdrawn from the market in F11in Northern Ireland.

(5)

Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.

(6)

Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must inform the Commission of the action taken F12in respect of Northern Ireland.

(7)

If a measure taken by the market surveillance authority pursuant to regulation 69 is considered unjustified by the Commission under Article 44(1) of the Directive (as amended from time to time), the market surveillance authority must withdraw that measure F13in respect of Northern Ireland.

Annotations

Textual amendments

F1

Reg. 70 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. 38 (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

Words in reg. 70(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. 15 para. 5(2)(a)

F3

Words in reg. 70(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. 15 para. 5(2)(b)(i)

F4

Words in reg. 70(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. 15 para. 5(2)(b)(ii)

F5

Words in reg. 70(2)(a) inserted (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. 15 para. 5(2)(b)(iii)

F6

Word in reg. 70(2)(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. 15 para. 5(2)(b)(iv)

F7

Reg. 70(2)(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. 15 para. 5(2)(b)(v)

F8

Words in reg. 70(3) 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. 15 para. 5(2)(c)(i)

F9

Words in reg. 70(3) inserted (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. 15 para. 5(2)(c)(ii)

F10

Words in reg. 70(4) 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. 15 para. 5(2)(d)(i)

F11

Words in reg. 70(4) 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. 15 para. 5(2)(d)(ii)

F12

Words in reg. 70(6) inserted (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. 15 para. 5(2)(e)

F13

Words in reg. 70(7) inserted (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. 15 para. 5(2)(e)

Commencement

I1

Reg. 70 in force at 3.8.2017, see reg. 1