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The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016

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Enforcement action in respect of formal non-compliance

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12.—(1) Where the Department makes one of the following findings relating to a civil explosive, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—

(a)the CE marking—

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulations 30 (Prohibition on improper use of CE marking) and 34 (CE marking);

(b)where a notified body is involved in the production control phase for the civil explosive, the identification number of the notified body—

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulation 34 (CE marking);

(c)the EU declaration of conformity—

(i)has not been drawn up; or

(ii)has been drawn up otherwise than in accordance with regulations 7 (EU declaration of conformity and CE marking) and 33 (EU declaration of conformity);

(d)the technical documentation is either not available or not complete;

(e)the following information that is required in respect of the civil explosive is absent, false or incomplete—

(i)the information specified in regulation 10 (Traceability of certain civil explosives excluded from the scope of regulations 4, 5 and 6 of ITOER (NI) 2013);

(ii)the information specified in regulation 16 (Information identifying importer); or

(f)any other administrative requirement imposed on the manufacturer or importer under Part 3 has not been fulfilled.

(2) Until the specified period has elapsed, the Department must not commence proceedings in relation to Part 3 of these Regulations, or take any other enforcement action in relation to that Part, against the relevant economic operator in respect of the non-compliance concerned.

(3) Where the non-compliance referred to in sub-paragraph (1) persists, the Department must take the appropriate measures to—

(a)restrict or prohibit the civil explosive being made available on the market;

(b)ensure that the civil explosive is withdrawn; or

(c)ensure that the civil explosive is recalled.

(4) This paragraph does not apply where a civil explosive presents a risk.

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