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.