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PART 5U.K.Market surveillance and enforcement

EU safeguard procedureU.K.

66.—[F1(1) Where another [F2relevant state] has initiated the procedure under Article 38 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a)any measures taken by the enforcing authority in respect of the lift or the safety component for lifts; and

(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the lift or the safety component for lifts.

(2) Where another [F3relevant state] has initiated the procedure under Article 38 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F4relevant states] of—

(a)any measures taken by an enforcing authority [F5in Northern Ireland] in respect of the lift or the safety component for lifts;

(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the lift or the safety component for [F6lifts.]

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [F8relevant state] in respect of a lift or a safety component for lifts is considered justified under Article 38(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as the withdrawal of a safety component for lifts are taken [F9in Northern Ireland] in respect of the lift or the safety component for lifts without delay.

(4) Where a measure taken by another [F10relevant state] in respect of a lift or a safety component for lifts is considered justified by the European Commission under Article 39(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that—

(a)the placing on the market or use of the lift is restricted or prohibited or that the lift is recalled; or

(b)that safety component for lifts is withdrawn from [F11market in Northern Ireland].

(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives notification under paragraph (5), or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F12 in respect of Northern Ireland].

F13(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments