CHAPTER II F14UAS intended to be operated in the ‘ open ’ category ..., accessories kits bearing a class identification label and remote identification add-ons
SECTION 5F1Market surveillance, control of products entering the United Kingdom and safeguard procedure
Article 35Market surveillance and control of products entering the F2United Kingdom market
1.
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3.
Article 36Procedure for dealing with products presenting a risk at national level
F141.
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 F16Secretary 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.
F172.
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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 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...
F205.
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F216.
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F227.
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F238.
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F24Article 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, F25a 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....
F273.
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F284.
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F295.
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Article 39Formal non-compliance
1.
Without prejudice to Article 36, where a F30market 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 F31UK 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 F32UK marking or type has not been affixed;
(c)
the identification number of the F33approved 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 F36Secretary 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.