Commission Delegated Regulation (EU) 2019/945Show full title

SECTION 5 U.K. [F1 Market surveillance, control of products entering the United Kingdom and safeguard procedure]

Article 35 U.K. Market surveillance and control of products entering the [F2 United Kingdom] market

1. [F3 The Secretary of State] shall organise F4 ... surveillance of the products that are placed on the F5 ... market in accordance with paragraph 3 of Article 15 and [F6 Articles 16 to 22 and 26] of Regulation (EC) No 765/2008.

2. [F7 The Secretary of State] shall organise F8 ... control of the products that enter the F9 ... market in accordance with paragraph 5 of Article 15 and Articles 27, 28 and 29 of Regulation (EC) No 765/2008.

3. [F10 The Secretary of State] shall ensure that F11 ... market surveillance and border control authorities cooperate with the [F12 CAA] on safety matters and shall establish appropriate communication and coordination mechanisms between them, making the best use of the information contained in the occurrence reporting system defined in Regulation (EU) No 376/2014 of the European Parliament and of the Council(1) and the information systems defined in [F13 Article 22] of Regulation (EC) No 765/2008.

Textual Amendments

F2 Words in Art. 35 heading substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(2)

F3 Words in Art. 35(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(3)(a)

F4 Words in Art. 35(1) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(3)(b)

F5 Word in Art. 35(1) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(3)(c)

F6 Words in Art. 35(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(3)(d)

F7 Words in Art. 35(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(4)(a)

F8 Words in Art. 35(2) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(4)(b)

F9 Word in Art. 35(2) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(4)(c)

F10 Words in Art. 35(3) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(5)(a)

F11 Word in Art. 35(3) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(5)(b)

F12 Word in Art. 35(3) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(5)(c)

F13 Words in Art. 35(3) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 36(5)(d)

Article 36 U.K. Procedure for dealing with products presenting a risk at national level

[F14 1. Where the market surveillance authorities F15 ... 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 [F16 Secretary 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.

F17 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F18 ....

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.

F19 ...

F20 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Substituted by Commission Delegated Regulation (EU) 2020/1058 of 27 April 2020 amending Delegated Regulation (EU) 2019/945 as regards the introduction of two new unmanned aircraft systems classes.

F15 Words in Art. 36(1) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(2)(a)

F16 Words in Art. 36(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(2)(b)

F17 Art. 36(2) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(3)

F18 Words in Art. 36(3) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(4)

F19 Words in Art. 36(4) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(5)

F20 Art. 36(5) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(6)

F21 Art. 36(6) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(6)

F22 Art. 36(7) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(6)

F23 Art. 36(8) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 37(6)

F24 Article 37 U.K. Union safeguard procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Art. 37 omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 38

Article 38 U.K. Compliant product which presents a risk

1. Where, having carried out an evaluation under paragraph 1 of Article 36, [F25 a 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 F26 ....

F27 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in Art. 38(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 39(2)

F26 Words in Art. 38(2) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 39(3)

F27 Art. 38(3) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 39(4)

F28 Art. 38(4) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 39(4)

F29 Art. 38(5) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 39(4)

Article 39 U.K. Formal non-compliance

1. Without prejudice to Article 36, where a [F30 market 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 [F31 UK 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 [F32 UK marking] or type has not been affixed;

(c) the identification number of the [F33 approved] 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 F34 ... declaration of conformity is missing or has not been drawn up;

(i) the F35 ... 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 [F36 Secretary 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.

Textual Amendments

F30 Words in Art. 39(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(a)

F31 Words in Art. 39(1)(a) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(b)

F32 Words in Art. 39(1)(b) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(b)

F33 Word in Art. 39(1)(c) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(c)

F34 Word in Art. 39(1)(h) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(d)

F35 Word in Art. 39(1)(i) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(2)(d)

F36 Words in Art. 39(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 40(3)

Textual Amendments

F1 Ch. 2 s. 5 heading substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 35

(1)

Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).