The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

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

58.—(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 European Commission, Great Britain and the other Member 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.