CHAPTER IIIU.K.F1... MARKET SURVEILLANCE FRAMEWORK AND CONTROLS OF PRODUCTS ENTERING THE [F2MARKET OF GREAT BRITAIN]

SECTION 2U.K. [F3Market] surveillance framework

Article 19U.K.Market surveillance measures

1.Market surveillance authorities [F4must] perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks on the basis of adequate samples. When doing so they [F4must] take account of established principles of risk assessment, complaints and other information.

Market surveillance authorities may require economic operators to make such documentation and information available as appear to them to be necessary for the purpose of carrying out their activities, and, where it is necessary and justified, enter the premises of economic operators and take the necessary samples of products. They may destroy or otherwise render inoperable products presenting a serious risk where they deem it necessary.

Where economic operators present test reports or certificates attesting conformity issued by an accredited conformity assessment body, market surveillance authorities [F4must] take due account of such reports or certificates.

2.Market surveillance authorities [F5must] take appropriate measures to alert users F6... within an adequate timeframe of hazards they have identified relating to any product so as to reduce the risk of injury or other damage.

They [F5must] cooperate with economic operators regarding actions which could prevent or reduce risks caused by products made available by those operators.

[F73.Where a market surveillance authority decides to withdraw a product manufactured in the United Kingdom, it must inform the economic operator concerned at the address indicated on the product in question or in the documentation accompanying the product.]

4.Market surveillance authorities [F8must] carry out their duties independently, impartially and without bias.

[F95.Market surveillance authorities must observe confidentiality where necessary in order to protect commercial secrets or to preserve personal data pursuant to national legislation, subject to the requirements that:

(a)information be made public under this Regulation to the fullest extent necessary in order to protect the users in the United Kingdom;

(b)the protection of confidentiality shall not prevent the dissemination to market surveillance authorities of information relevant to ensuring the effectiveness of market surveillance activities.]

Textual Amendments

Textual Amendments

Textual Amendments