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

SECTION 3U.K.Controls of [F3imported] products F4...

Article 27U.K.[F5Controls of imported products]

[F61.The authorities in charge of the control of products entering Great Britain must carry out appropriate checks on the characteristics of products on an adequate scale, in accordance with the principles set out in Article 19(1), before those products are discharged from the free-circulation procedure.]

2.Where F7... more than one authority is responsible for market surveillance or external border controls, those authorities [F8must] cooperate with each other, by sharing information relevant to their functions and otherwise as appropriate.

3.The authorities in charge of external border controls [F9must] suspend [F10the discharge of a product from the free-circulation procedure] when any of the following findings are made in the course of the checks referred to in paragraph 1:

(a)the product displays characteristics which give cause to believe that the product, when properly installed, maintained and used, presents a serious risk to health, safety, the environment or any other public interest referred to in Article 1;

(b)the product is not accompanied by the written or electronic documentation required by [F11any relevant enactment] or is not marked in accordance with that legislation;

(c)[F12a conformity] marking has been affixed to the product in a false or misleading manner.

The authorities in charge of external border controls [F9must] immediately notify the market surveillance authorities of any such suspension.

4.In the case of perishable products, the authorities in charge of external border controls [F13must], as far as possible, seek to ensure that any requirements they may impose with regard to the storage of products or the parking of vehicles used for transport are not incompatible with the preservation of those products.

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Textual Amendments

Article 28U.K. [F15Discharge] of products

1.A product the [F16discharge] of which has been suspended by the authorities in charge of external border controls pursuant to Article 27 [F17must] be [F18discharged from the free-circulation procedure] if, within three working days of the suspension of [F16discharge], those authorities have not been notified of any action taken by the market surveillance authorities, and provided that all the other requirements and formalities pertaining to such [F16discharge] have been fulfilled.

2.Where the market surveillance authorities find that the product in question does not present a serious risk to health and safety or cannot be regarded as being in breach of [F19any relevant enactment], that product [F20must be discharged from the free-circulation procedure], provided that all the other requirements and formalities pertaining to such [F21discharge] have been fulfilled.

Textual Amendments

Article 29U.K.National measures

1.Where [F22a market surveillance authority finds] that a product presents a serious risk, [F23it] [F24must] take measures to prohibit that product from being placed on the market and [F24must] require the authorities in charge of external border controls to include the following endorsement on the commercial invoice accompanying the product and on any other relevant accompanying document or, where data processing is carried out electronically, in the data-processing system itself:

‘Dangerous product — [F25discharge from the free-circulation procedure] not authorised — Regulation (EC) No 765/2008’.

2.Where [F26a market surveillance authority finds] that a product does not comply with [F27any relevant enactment], [F28it] [F29must] take appropriate action, which may, if necessary, include prohibiting the product's being placed on the market.

Where placing on the market is prohibited pursuant to the first subparagraph, the market surveillance [F30authority] [F29must] require the authorities in charge of external border controls not to [F31discharge the product from the free-circulation procedure] and to include the following endorsement on the commercial invoice accompanying the product and on any other relevant accompanying document or, where data processing is carried out electronically, in the data-processing system itself:

‘Product not in conformity — [F32discharge from the free-circulation procedure] not authorised — Regulation (EC) No 765/2008’.

3.Where that product is subsequently declared for a customs procedure other than [F33the free-circulation procedure] and provided that the market surveillance authorities do not object, the endorsements set out in paragraphs 1 and 2 [F34must] also be included, under the same conditions, on the documents used in connection with that procedure.

4.[F35Market surveillance] authorities may destroy or otherwise render inoperable products presenting a serious risk where they deem it necessary and proportionate.

5.Market surveillance authorities [F36must] provide authorities in charge of external border controls with information on product categories in which a serious risk or non-compliance within the meaning of paragraphs 1 and 2 has been identified.

Textual Amendments

Textual Amendments

Textual Amendments