CHAPTER VIIIU.K.MARKET SURVEILLANCE F1...

[F2Article 59BU.K. Other non-compliance in relation to the EU Construction Products Regulation

1.Paragraph 2 applies where an economic operator:

(a)relies on provisions in Article 16A, 16B or 16C in order to comply with this Regulation when making a product available on the market; and

(b)after the product is made available on the market:

(i)the manufacturer is required, or becomes aware that another person is required, under the EU Construction Products Regulation to take corrective measures in relation to products on the market of the EU, or to withdraw or recall products from that market, and, if the United Kingdom had remained a member State, this requirement would have extended to the product in question; or

(ii)a certificate in relation to the product is suspended or withdrawn, or restricted to the extent that it is no longer valid for that product, under Article 52(4) or (5) of [F3Regulation 305/2011 or Article 55(4) or (5) of Regulation (EU) 2024/3110].

2.Where this paragraph applies:

(a)the product referred to in paragraph 1(a) is no longer considered to be compliant with this Regulation;

(b)the manufacturer must inform a market surveillance authority and any importer or distributor of the product of the action referred to in paragraph 1(b)(i) or 1(b)(ii) which is required, or has been taken, under the EU Construction Products Regulation;

(c)the manufacturer and any importer or distributor of the product must take any action required under Article 11(7), Article 13(7) or Article 14(4) [F4of Regulation (EU) 305/2011 respectively, or Article 22(11), Article 24(5) or Article 25(4) of Regulation (EU) 2024/3110] respectively;

(d)a market surveillance authority may require the manufacturer or any importer or distributor of the product to take corrective measures to bring the product into conformity with this Regulation or to withdraw or recall it from the market.]

Textual Amendments

Textual Amendments