PART 5Market surveillance and enforcement
E2Enforcement action in respect of formal non-compliance68
1
Where an enforcing authority makes one of the following findings relating to a lift or the safety component for lifts, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
b
where F2an approved body is involved in the production control phase for the lift or the safety component for lifts, the identification number of F3the approved body—
i
has not been affixed; or
ii
has been affixed otherwise than in accordance with regulation 50;
d
the technical documentation is either not available or not complete;
e
the following information that is required to be included in the labelling is absent, false or incomplete—
i
in relation to lifts, the information specified in regulation 10(1);
ii
in relation to safety components for lifts, the information specified in regulation 19(1) and 28(1); or
f
any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.
2
The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the specified period has elapsed.
3
Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—
a
in relation to a lift—
i
restrict or prohibit the use of the lift; or
ii
recall the lift;
b
in relation to a safety component for lifts—
i
restrict or prohibit the safety component for lifts being made available on the market;
ii
ensure that the safety component for lifts is withdrawn; or
iii
ensure that the safety component for lifts is recalled.
4
This regulation does not apply where a lift or a safety component for lifts presents a risk.
E1Enforcement action in respect of formal non-compliance68
1
Where an enforcing authority makes one of the following findings relating to a lift or the safety component for lifts, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
a
the CE marking—
i
has not been affixed; or
ii
has been affixed otherwise than in accordance with regulations 45 (prohibition on improper use of CE marking) and 50 (CE marking);
F4aa
the UK(NI) indication—
i
has not been affixed, in contravention of regulation 50A; or
ii
has been affixed other than in accordance with regulation 50A;
b
where a notified body is involved in the production control phase for the lift or the safety component for lifts, the identification number of the notified body—
i
has not been affixed; or
ii
has been affixed otherwise than in accordance with regulation 50;
c
the EU declaration of conformity—
i
has not been drawn up; or
ii
has been drawn up otherwise than in accordance with regulations 8 (EU declaration of conformity and CE marking) and 17 (EU declaration of conformity and CE marking) and 49 (EU declaration of conformity);
d
the technical documentation is either not available or not complete;
e
the following information that is required to be included in the labelling is absent, false or incomplete—
i
in relation to lifts, the information specified in regulation 10(1);
ii
in relation to safety components for lifts, the information specified in regulation 19(1) and 28(1); or
f
any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.
2
The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the specified period has elapsed.
3
Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—
a
in relation to a lift—
i
restrict or prohibit the use of the lift; or
ii
recall the lift;
b
in relation to a safety component for lifts—
i
restrict or prohibit the safety component for lifts being made available on the market;
ii
ensure that the safety component for lifts is withdrawn; or
iii
ensure that the safety component for lifts is recalled.
4
This regulation does not apply where a lift or a safety component for lifts presents a risk.