PART 5MARKET SURVEILLANCE AND ENFORCEMENT

Enforcement action in respect of products which are in conformity, but present a risk58

1

Where, having carried out an evaluation under regulation 55, the Executive finds that although a product is in conformity with Part 2, it presents a risk, the Executive shall require a relevant economic operator to take appropriate measures to—

a

ensure that the product concerned, when placed on the market, no longer presents a risk;

b

withdraw the product within a prescribed period; or

c

recall the product within a prescribed period.

2

Where the Executive takes measures under paragraph (1), the Executive shall notify the F2Secretary of State immediately.

F12A

Where the Secretary of State receives a notice under paragraph (2), the Secretary of State must notify the European Commission and the other relevant states immediately.

3

The notice referred to in paragraph (2) shall include details about the product and, in particular—

a

the data necessary for the identification of the product concerned;

b

the origin and the supply chain of the product;

c

the nature of the risk involved; and

d

the nature and duration of the measures taken by the Executive.

4

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

a

prescribed by the Executive; and

b

reasonable and commensurate with the nature of the risk presented by the product.