CHAPTER IIF1 F2UAS intended to be operated in the ‘ open ’ category ..., accessories kits bearing a class identification label and remote identification add-ons
SECTION 1Product requirements
Article 4Requirements
F21.
The products referred to in paragraph 1 of Article 2 shall meet the requirements set out in Parts 1 to 6, 16 and 17 of the Annex.
2.
3.
Any updates of software of the products that have already been made available on the market may be made only if such updates do not affect the compliance of the product.
Article 5Making available on the market F5...
1.
Products shall only be made available on the market if they satisfy the requirements of this Chapter and do not endanger the health or safety of persons, animals or property.
F62.
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F7 3.
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SECTION 2Obligations of economic operators
Article 6Obligations of manufacturers
F21.
When placing their product on the F8... market, manufacturers shall ensure that it has been designed and manufactured in compliance with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex.
F22.
Manufacturers shall draw up the technical documentation provided for in Article 17 and carry out the relevant conformity assessment procedure referred to in Article 13 or have it outsourced.
Where compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated by that conformity assessment procedure, manufacturers shall draw up F9a declaration of conformity and affix the F10UK marking.
3.
Manufacturers shall keep the technical documentation and the F11... declaration of conformity for 10 years after the product has been placed on the market.
4.
Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Chapter. Changes in product design, characteristics or software, and changes in the harmonised standards or in technical specifications by reference to which conformity of a product is declared shall be adequately taken into account.
When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of marketed products, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls and shall keep distributors informed of any such monitoring.
F25.
Manufacturers of UAS shall ensure that the UA bears a type F12... and a unique serial number allowing for its identification, and if applicable, compliant with the requirements defined in the corresponding Parts F131 to 5, 16 and 17 of the Annex. Manufacturers of class F14UK5 accessories kits shall ensure that the kits bears a type and a unique serial number allowing for their identification. Manufacturers of remote identification add-ons shall ensure that the remote identification add-on bears a type and a unique serial number allowing for their identification and compliant with the requirements defined in Part 6 of the Annex. In all cases, manufacturers shall ensure that a unique serial number is also affixed to the F15... declaration of conformity or to the simplified F15... declaration of conformity referred to in Article 14.
6.
Manufacturers shall indicate on the product their name, registered trade name or registered trademark, website address and the postal address at which they can be contacted or, where that is not possible, on its packaging, or in a document accompanying it. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be indicated F16English.
F27.
Manufacturers shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in F17English. Such manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.
8.
Manufacturers shall ensure that each product is accompanied by a copy of the F18... declaration of conformity or by a simplified F18... declaration of conformity. Where a simplified F18... declaration of conformity is provided, it shall contain the exact internet address where the full text of the F18... declaration of conformity can be obtained.
9.
Manufacturers who consider or have reason to believe that products which they have placed on the market are not in conformity with this Chapter shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Where the product presents a risk, manufacturers shall immediately inform the F19market surveillance authoritiesF20... to that effect, giving details, in particular, of the non-compliance, of any corrective measures taken and of the results thereof.
10.
Manufacturers shall, further to a reasoned request from F21a market surveillance authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product with this Chapter, in F22English. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have placed on the market.
F2311.
F2712.
Where a manufacturer places a product of a particular type on the market for the first time, the manufacturer must give a market surveillance authority a notice consisting of—
(a)
a statement that the manufacturer has placed a product of this type on the market for the first time,
(b)
the name of the manufacturer of the product,
(c)
the unique code assigned by the manufacturer to this type, and
(d)
if the manufacturer assigns, to products of this type, serial numbers which indicate the product type or other features of the product, an explanation of how the serial numbers indicate the product type or other features of the product.
Article 7Authorised representatives
1.
A manufacturer may, by a written mandate, appoint an authorised representative.
The obligations laid down in paragraph 1 of Article 6 and the obligation to draw up the technical documentation referred to in paragraph 2 of Article 6 shall not form part of the authorised representative's mandate.
2.
An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:
(a)
(b)
further to a reasoned request from a market surveillance or border control authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the product;
(c)
cooperate with the market surveillance or border control authorities, at their request, on any action taken to eliminate the non-conformity of the products covered by the authorised representative's mandate or the safety risks posed by it.
Article 8Obligations of importers
1.
Importers shall only place products compliant with the requirements set out in this Chapter on the F31... market.
2.
Before placing a product on the F32... market, importers shall ensure that:
(a)
the appropriate conformity assessment procedure referred to in Article 13 has been carried out by the manufacturer;
(b)
the manufacturer has drawn up the technical documentation referred to in Article 17;
(c)
the product bears the F33UK marking and, when required, the UA class identification label and the indication of the sound power level;
(d)
the product is accompanied by the documents referred to in paragraph 7 and 8 of Article 6;
(e)
the manufacturer has complied with the requirements set out in paragraphs 5 and 6 of Article 6.
F2Where an importer considers or has reasons to believe that a product is not in conformity with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex, they shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk for the health and safety of consumers and third parties, the importer shall inform the manufacturer and the F34market surveillance authorities to that effect.
3.
Importers shall indicate on the product their name, registered trade name or registered trademark, website and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the product. The contact details shall be in F35English.
F24.
Importers shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in F36English. That manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.
5.
Importers shall ensure that, while the product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4.
6.
When deemed appropriate with regard to the risks presented by a product, importers shall, in order to protect the health and safety of end-users and third parties, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming of products and product recalls, and shall keep distributors informed of any such monitoring.
7.
Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with F37this Regulation or any other relevant enactment shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, importers shall immediately inform the market surveillance authorities F38... to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
8.
Importers shall, for 10 years after the product has been placed on the market, keep a copy of the F39... declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
9.
Importers shall, further to a reasoned request from F40a market surveillance authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product in F41English. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have placed on the market.
F23(10)
Article 9Obligations of distributors
1.
When making a product available on the F46... market, distributors shall act with due care in relation to the requirements set out in this Chapter.
F22.
Before making a product available on the market, distributors shall verify that the product bears the F47UK marking and, when applicable, the UA class identification label and the indication of the sound power level, is accompanied by the documents referred to in paragraphs 7 and 8 of Article 6 and that the manufacturer and the importer have complied with the requirements set out in paragraphs 5 and 6 of Article 6 and in paragraph 3 of Article 8.
Distributors shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in F48English. Those manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.
Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer to that effect, as well as the F49... market surveillance authorities.
3.
Distributors shall ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4.
4.
Distributors who consider or have reasons to believe that a product which they have made available on the market is not in conformity with F50this Regulation or any other relevant enactment shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the market surveillance authorities F51... to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
5.
Distributors shall, further to a reasoned request from F52a market surveillance authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have made available on the market.
Article 10Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Chapter and shall be subject to the obligations of manufacturers pursuant to Article 6, where they place a product on the market under their name or trademark or modify the product already placed on the market in such a way that compliance with this Chapter may be affected.
Article 11Identification of economic operators
1.
Economic operators shall, on request, identify the following to the market surveillance authorities:
(a)
any economic operator who has supplied them with a product;
(b)
any economic operator to whom they have supplied a product.
2.
Economic operators shall be able to present the information referred to in paragraph 1:
(a)
for 10 years after they have been supplied with the product;
(b)
for 10 years after they have supplied the product.
SECTION 3Conformity of the product
F2Article 12Presumption of conformity
A product which is in conformity with F53the designated standards, shall be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Parts 1 to 6, 16 and 17 of the Annex.
Article 13Conformity assessment procedures
F21.
The manufacturer shall perform a conformity assessment of the product using one of the following procedures with a view to establishing its compliance with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex. The conformity assessment shall take into account all intended and foreseeable operating conditions.
2.
The procedures available to conduct the conformity assessment shall be the following:
F2(a)
internal production control as set out in Part 7 of the Annex, when
F54i)
ii)
the conditions in paragraph 3 are satisfied;
(b)
F57type examination followed by conformity to type based on internal production control as set out in Part 8 of the Annex;
(c)
conformity based on full quality assurance as set out in Part 9 of the F58Annex.
F593.
The conditions in this paragraph are—
(a)
that the conformity assessment is conducted before 1st January 2028,
(b)
that the assessment is of the compliance of a product with the requirements set out in Parts 2, 3 or 4 of the Annex, and
(c)
that the product is covered by a type examination under Part 8 of the Annex to Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems as it has effect in EU Law.
Article 14F60... Declaration of conformity
F21.
The F61... declaration of conformity referred to in paragraph 8 of Article 6 shall state that compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated and, for UAS, identify its class.
2.
3.
The simplified F64... declaration of conformity referred to in paragraph 8 of Article 6 shall contain the elements set out in Part 12 of the Annex and shall be continuously updated. F65... The full text of the F64... declaration of conformity shall be available at the internet address referred to in the simplified F64... declaration of conformity F66....
F674.
Where a product is subject to more than one enactment requiring a declaration of conformity, a single declaration of conformity shall be drawn up in respect of all such enactments. That declaration shall contain the enactments concerned.
5.
By drawing up the F68... declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product with the requirements laid down in this Chapter.
F69Article 15Requirements of the UK Marking
The UK marking is subject to the requirements set out in Article 30 of, and Annex 2 to, Regulation (EC) 765/2008.
Article 16Rules and conditions for affixing the F70UK marking, the identification number of the F71approved body, the UAS class identification label and the indication of the sound power level
1.
The F72UK marking shall be affixed visibly, legibly and indelibly to the product or to the data plate attached to it. Where that is not possible or not warranted on account of the size of the product, it shall be affixed to the packaging.
F22.
The UA class identification label shall be affixed visibly, legibly and indelibly to the UA or, when relevant, to each accessories of a class F73UK5 accessories kit, and its packaging and shall be at least 5 mm high. The affixing to a product of markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the class identification label shall be prohibited.
3.
The indication of the sound power level provided for in Part 14 of the Annex shall be affixed, when applicable, visibly, legibly and indelibly on the UA, unless that is not possible or not warranted on account of the size of the product, and on the packaging.
4.
The F74UK marking and, when applicable, the indication of the sound power level and the UA class identification label shall be affixed before the product is placed on the market.
5.
The F75UK marking shall be followed by the identification number of the F76approved body where the conformity assessment procedure set out in Part 9 of the Annex is applied.
The identification number of the F76approved body shall be affixed by the F76approved body Itself or, under its instructions, by the manufacturer or his authorised representative.
F776.
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Article 17Technical documentation
F21.
The technical documentation shall contain all relevant data and details of the means used by the manufacturer to ensure that the product complies with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex. It shall, at least, contain the elements set out in Part 10 of the Annex.
2.
The technical documentation shall be drawn up before the product is placed on the market and shall be continuously updated.
3.
F24.
Where the technical documentation does not comply with paragraphs 1, 2 or 3 of this Article, the market surveillance authority may ask the manufacturer or the importer to have a test performed by a body acceptable to the market surveillance authority at the expense of the manufacturer or the importer within a specified period in order to verify compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex which applies to it.
SECTION 4 F80Approval of conformity assessment bodies
F81Article 18Approval
(1)
F82A market surveillance may approve bodies to carry out third-party conformity assessment tasks under this Regulation.
(2)
F83A market surveillance authority may not approve a body to carry out third-party conformity assessment tasks under paragraph 1 unless satisfied the body meets the criteria specified in Article 22.
(3)
Where a body demonstrates its conformity with applicable designated standards or parts thereof, it shall be presumed to meet the requirements set out in Article 22 insofar as the applicable designated standards cover those requirements.
(4)
The Secretary of State must—
(a)
assign an approved body identification number to each approved body;
(b)
compile and maintain a register of approved bodies containing in relation to each body—
(i)
the approved body identification number,
(ii)
details of the activities for which the body is approved, and
(iii)
any restrictions on the activities for which the body is approved.
(5)
The register referred to in F84paragraph 4 must be made publicly available.
F85Article 19Notifying authorities
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F86Article 20Requirements relating to notifying authorities
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F87Article 21Information obligation on notifying authorities
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Article 22Requirements relating to F88approved bodies
1.
For the purposes of F89approval, a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 11.
F902.
A conformity assessment body shall have legal personality and shall be established in—
(a)
the United Kingdom; or
(b)
the territory of a party to the CPTPP.
F912A.
In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
3.
A conformity assessment body shall be a third-party body independent of the organisation it assesses.
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of the product which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.
4.
A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the product which they assess, nor the representative of any of those parties. This shall not preclude the use of the assessed product that is necessary for the operations of the conformity assessment body or the use of such product for personal purposes.
A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of that product, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall, in particular, apply to consultancy services.
Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
5.
Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.
6.
A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it by Part 8 or 9 of the Annex in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
At all times and for each conformity assessment procedure and each kind or category of product in relation to which it has been notified, a conformity assessment body shall have at its disposal the necessary:
(a)
personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;
(b)
descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures; it shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;
(c)
procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product in question and the mass or serial nature of the production process.
A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.
7.
The personnel responsible for carrying out conformity assessment tasks shall have the following:
(a)
sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
(b)
satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;
(c)
appropriate knowledge and understanding of the requirements, of the applicable F92designated standards and of the relevant provisions of applicable enactments;
(d)
the ability to draw up F93type examination certificates or quality system approvals, records and reports demonstrating that assessments have been carried out.
8.
The impartiality of the conformity assessment bodies, their top-level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed.
The remuneration of the top-level management and of the personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.
9.
Conformity assessment bodies shall take out liability insurance F94....
10.
The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Parts 8 and 9 of the Annex F95... except in relation to F96the Secretary of State or the market surveillance authorities. Proprietary rights shall be protected.
11.
F99Article 23Presumption of conformity of notified bodies
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Article 24Subsidiaries of and subcontracting by F100approved bodies
1.
2.
F103Approved bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries, wherever these are established.
3.
Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.
4.
Article 25Application for F105approval
1.
2.
The application for F108approval shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules, and the product for which that body claims to be competent, as well as by an accreditation certificate issued by F109the United Kingdom Accreditation Service attesting that the conformity assessment body fulfils the requirements laid down in Article 22.
F110Article 26Notification procedure
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F111Article 27Identification numbers and lists of notified bodies
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Article 28Changes to F112approvals
1.
Where F113a market surveillance authority has ascertained or has been informed that F114an approved body no longer meets the requirements laid down in Article 22, or that it fails to fulfil its obligations, the F115market surveillance authority shall restrict, suspend or withdraw the F116approval as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. F117...
2.
In the event of restriction, suspension or withdrawal of the F118approval, or where the F119approved body has ceased its activity, F120a market surveillance authority shall take appropriate steps to ensure that the files of that body are either processed by another F119approved body or kept available. F121...
F122Article 29Challenge of the competence of notified bodies
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Article 30Operational obligations of F123approved bodies
1.
F124Approved bodies shall carry out conformity assessments in accordance with the conformity assessment procedures provided in Parts 8 and 9 of the Annex.
2.
Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators. Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product in question, and the mass or serial nature of the production process.
In doing so, they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the UA or UAS with this Chapter.
F23.
Where F125an approved body finds that the requirements set out in Parts 1 to 6, 16 and 17 of the Annex or in corresponding F126designated standards or other technical specifications have not been met by a manufacturer, it shall require the manufacturer to take appropriate corrective measures and shall not issue F127a type examination certificate or a quality system approval.
4.
Where, in the course of the monitoring of conformity following the F128issue of a type examination certificate or a quality system approval, F129an approved body finds that a product no longer complies, it shall require the manufacturer to take appropriate corrective measures and shall suspend or F130withdraw the type examination certificate or the quality system approval if necessary.
5.
Article 31Appeal against decisions of F133approved bodies
F134Approved bodies shall ensure that a transparent and accessible appeal procedure against their decisions is available.
Article 32Information obligation on F135approved bodies
1.
(a)
any refusal, restriction, suspension or withdrawal of F138a type examination certificate or a quality system approval in accordance with the requirements of Parts 8 and 9 of the Annex;
(b)
any circumstances affecting the scope of, or conditions for, F139approval;
F140(c)
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(d)
on request, conformity assessment activities performed within the scope of their F141approval and any other activity performed, including cross-border activities and subcontracting.
2.
F142Approved bodies shall, in accordance with the requirements of Parts 8 and 9 of the Annex, provide the other bodies F142approved under this Chapter carrying out similar conformity assessment activities covering the same categories of UA or UAS with the relevant information on issues relating to negative and, on request, positive conformity assessment results.
3.
F143Approved bodies shall fulfil information obligations under Parts 8 and 9 of the Annex.
F144Article 33Exchange of experience
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F145Article 34Coordination of notified bodies
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SECTION 5F146Market surveillance, control of products entering the United Kingdom and safeguard procedure
Article 35Market surveillance and control of products entering the F147United Kingdom market
1.
2.
3.
Article 36Procedure for dealing with products presenting a risk at national level
F21.
Where the market surveillance authorities F159... have sufficient reason to believe that a product presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Chapter, they shall carry out an evaluation in relation to the product concerned, covering all applicable requirements laid down in this Chapter. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the product does not comply with the requirements laid down in this Chapter, they shall, without delay, require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.
The market surveillance authorities shall inform the F160Secretary of State accordingly.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
F1612.
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3.
The economic operator shall ensure that all appropriate corrective action is taken in respect of all products concerned that it has made available on the market F162....
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 authorities shall take all appropriate provisional measures to prohibit or restrict the product being made available on their national market, to withdraw the product from that market or to recall it.
F163...
F1645.
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F1656.
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F1667.
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F1678.
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F168Article 37Union safeguard procedure
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Article 38Compliant product which presents a risk
1.
Where, having carried out an evaluation under paragraph 1 of Article 36, F169a market surveillance authority finds that, although the product is in compliance with this Chapter, it presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Chapter, it shall require the relevant economic operator to take all appropriate measures to ensure that the product concerned, when placed on the market, no longer presents that risk, to withdraw the product 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 products concerned that he has made available on the market F170....
F1713.
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F1724.
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F1735.
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Article 39Formal non-compliance
1.
Without prejudice to Article 36, where a F174market surveillance authority makes one of the following findings concerning products covered by this Chapter, it shall require the relevant economic operator to put an end to the non-compliance concerned:
(a)
the F175UK marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 15 or Article 16 of this Regulation;
(b)
the F176UK marking or type has not been affixed;
(c)
the identification number of the F177approved body, where the conformity assessment procedure set out in Part 9 of the Annex is applied, has been affixed in violation of Article 16 or has not been affixed;
(d)
the UA class identification label has not been affixed;
(e)
the indication of the sound power level if required has not been affixed;
(f)
the serial number has not been affixed or has not the correct format;
(g)
the manual or the information notice is not available;
(h)
the F178... declaration of conformity is missing or has not been drawn up;
(i)
the F179... declaration of conformity has not been drawn up correctly;
(j)
technical documentation is either not available or not complete;
(k)
manufacturer's or importer's name, registered trade name or registered trademark, website address or postal address are missing.
2.
Where the non-compliance referred to in paragraph 1 persists, the F180Secretary of State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is withdrawn or recalled from the market.