CHAPTER VU.K.F1... MARKET SURVEILLANCE, CONTROL OF SUBSYSTEMS AND SAFETY COMPONENTS ENTERING THE F1... MARKET AND F1... SAFEGUARD PROCEDURE

Article 39U.K.F2... Market surveillance and control of subsystems and safety components entering the F2... market

Article 15(3) and [F3Articles 16 to 21] of Regulation (EC) No 765/2008 shall apply to subsystems and safety components.

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Article 40U.K.Procedure F4... for dealing with subsystems or safety components presenting a risk

1.Where the [F5Executive has] sufficient reason to believe that a subsystem or safety component covered by this Regulation presents a risk to the health or safety of persons or to property, they shall carry out an evaluation in relation to the subsystem or safety component concerned, covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the [F6Executive] for that purpose.

Where, in the course of the evaluation referred to in the first subparagraph, the [F7Executive finds] that the subsystem or safety component does not comply with the requirements laid down in this Regulation, [F8it shall] without delay require the relevant economic operator to take all appropriate corrective actions to bring the subsystem or safety component into compliance with those requirements, to withdraw the subsystem or safety component from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as [F9it may] prescribe.

The [F10Executive] shall inform the relevant [F11approved body] accordingly.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.

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3.The economic operator shall ensure that all appropriate corrective action is taken in respect of all the subsystems and safety components concerned that he has made available on the market F13....

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F15Article 41U.K.Union safeguard procedure

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Article 42U.K.Compliant subsystems or safety components which present a risk

1.Where, having carried out an evaluation under Article 40(1), [F16the Executive] finds that although a subsystem or safety component is in compliance with this Regulation, it presents a risk to the health or safety of persons or to property, [F17the Executive must require] the relevant economic operator to take all appropriate measures to ensure that the subsystem or safety component concerned, when placed on the market, no longer presents that risk, to withdraw the subsystem or safety component from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.

2.The economic operator shall ensure that corrective action is taken in respect of all the subsystems or safety components concerned that he has made available on the market F18....

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Article 43U.K.Formal non-compliance

1.Without prejudice to Article 40, where [F20the Executive] makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)the [F21UK marking] has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 21 of this Regulation;

(b)the [F22UK marking] has not been affixed;

(c)the identification number of the [F23approved] body involved in the production control phase has been affixed in violation of Article 21 or has not been affixed;

(d)the [F24declaration] of conformity does not accompany the subsystem or safety component;

(e)the [F25declaration] of conformity has not been drawn up;

(f)the [F26declaration] of conformity has not been drawn up correctly;

(g)the technical documentation is either not available or not complete;

(h)the information referred to in Article 11(6) or Article 13(3) is absent, false or incomplete;

(i)any other administrative requirement provided for in Article 11 or Article 13 is not fulfilled.

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