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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 civil explosives which are not in conformity and which present a risk

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9.—(1) Where, in the course of the evaluation referred to in paragraph 8, the Department finds that the civil explosive is not in conformity with Part 3 of these Regulations, it must, without delay, require a relevant economic operator to—

(a)take appropriate corrective actions to bring the civil explosive into conformity with those requirements within a prescribed period;

(b)withdraw the civil explosive within a prescribed period; or

(c)recall the civil explosive within a prescribed period.

(2) The Department must inform the notified body which carried out the conformity assessment procedure in respect of the civil explosive of—

(a)the respect in which the civil explosive is not in conformity with Part 3; and

(b)the actions which the Department is requiring the relevant economic operator to take.

(3) Where the Department considers that the lack of conformity referred to in sub-paragraph (1) is not restricted to 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.

(4) Where the Secretary of State receives a notice under sub-paragraph (3), the Secretary of State must inform the European Commission and the other EEA States of—

(a)the results of the evaluation; and

(b)the actions which the Department has required the economic operator to take.

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the Department must take appropriate measures to—

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

(b)withdraw the civil explosive from the United Kingdom market; or

(c)recall the civil explosive.

(6) Where the Department takes measures under sub-paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives a notice under sub-paragraph (6), the Secretary of State must notify the European Commission and the other EEA States of those measures without delay.

(8) The notices in sub-paragraphs (6) and (7) must include details about the civil explosive and, in particular—

(a)the data necessary for the identification of the civil explosive which is not in conformity with Part 3;

(b)the origin of the civil explosive;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the lack of conformity is due to either of the following—

(i)failure of the civil explosive to meet requirements relating to a risk;

(ii)shortcomings in the harmonised standards referred to in regulation 31 (Presumption of conformity) conferring a presumption of conformity.

(9) In this paragraph, “prescribed period” means a period which is—

(a)prescribed by the Department; and

(b)reasonable and commensurate with the nature of the risk presented by the civil explosive.

(10) For the purposes of sub-paragraph (5), “take appropriate measures” includes the Department making arrangements with the competent national authority for Great Britain as to measures referred to in that sub-paragraph being taken there by that authority.

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