PART 5Enforcement

Requirements relating to certain measures taken by enforcement authorities or other persons55

1

Paragraph (2) applies in relation to a measure taken by an enforcement authority or other person to—

a

prohibit or restrict a toy from being made available on the market;

b

withdraw a toy; or

c

recall a toy.

2

The following requirements must be complied with in relation to the measure—

a

the measure must state the exact grounds on which it is based;

b

the measure must be notified without delay to the party concerned; and

c

at the same time as the measure is notified to the party concerned that party must also be informed of—

i

any remedy available to that party in relation to the measure; and

ii

any time limit to which that remedy is subject.

3

Where an enforcement authority takes a measure in relation to a toy, the authority must take due account of the precautionary principle.

4

F1Where an enforcement authority takes a measure in relation to a toy which is considered unjustified in accordance with Article 43(2) of the Directive (Community safeguard procedure), the enforcement authority must withdraw the measure or apply to the court to withdraw the measure as may be required.