CHAPTER VU.K.[F1MARKET SURVEILLANCE AND CONTROL OF APPLIANCES AND FITTINGS ENTERING THE MARKET OF GREAT BRITAIN]

Article 36U.K.[F2Market surveillance and control of appliances and fittings entering the United Kingdom market]

[F3Articles 15(3), 16 to 22 and 26 to 29] of Regulation (EC) No 765/2008 shall apply to appliances and fittings covered by this Regulation.

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Article 37U.K.Procedure F4... for dealing with appliances or fittings presenting a risk

1.Where the market surveillance [F5authority has] sufficient reason to believe that an appliance or fitting covered by this Regulation presents a risk to the health or safety of persons or to domestic animals or property, [F6the authority] shall carry out an evaluation in relation to the appliance or fitting concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance [F7authority] for that purpose.

Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance [F8authority finds] that the appliance or fitting does not comply with the requirements laid down in this Regulation, [F9the authority] shall without delay require the relevant economic operator to take all appropriate corrective action to bring the appliance or fitting into compliance with those requirements, to withdraw the appliance or fitting from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as [F9the authority] may prescribe.

The market surveillance [F10authority] 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 appliances and fittings concerned that he has made available on the market F13....

4.Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance [F14authority] shall take all appropriate F15... measures to prohibit or restrict the appliances or fittings being made available on [F16the market], to withdraw the appliance or fitting from that market or to recall it.

F17...

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F19Article 38U.K.Union safeguard procedure

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Article 39U.K.Compliant appliances or fittings which present a risk

1.Where, having carried out an evaluation under Article 37(1), [F20the enforcement authority] finds that although an appliance or fitting is in compliance with this Regulation, it presents a risk to the health or safety of persons or to domestic animals or property, it shall require the relevant economic operator to take all appropriate measures to ensure that the appliance or fitting concerned, when placed on the market, no longer presents that risk, to withdraw the appliance or fitting 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 appliances or fittings concerned that he has made available on the market F21....

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Textual Amendments

Article 40U.K.Formal non-compliance

1.Without prejudice to Article 37, where [F23the enforcement authority] makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)the [F24UK] marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 17 of this Regulation;

(b)the [F25UK] marking has not been affixed;

(c)the inscriptions referred to in Annex IV have not been affixed or have been affixed in violation of Article 18;

(d)the identification number of the [F26approved] body involved in the production control phase has been affixed in violation of Article 17 or has not been affixed;

(e)the F27... declaration of conformity has not been drawn up or has not been drawn up correctly;

(f)a copy of the F28... declaration of conformity does not accompany the fitting;

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

(h)the information referred to in Article 7(6) or Article 9(3) is absent, false or incomplete;

(i)any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled.

2.Where the non-compliance referred to in paragraph 1 persists, the [F29enforcement authority] shall take all appropriate measures to restrict or prohibit the appliance or fitting being made available on the market or ensure that it is recalled or withdrawn from the market.

Textual Amendments

Textual Amendments