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The Energy Information Regulations 2011

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This is the original version (as it was originally made).

Non-compliant products

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2.—(1) If the market surveillance authority ascertains that a product does not comply with all the relevant requirements set out in the Directive and the EU measure for the label and the fiche (the “relevant requirements”), the market surveillance authority must—

(a)require the supplier to make the product comply with the relevant requirements; and

(b)require the supplier to comply with any conditions imposed by the market surveillance authority.

(2) If the market surveillance authority has sufficient evidence that a product may not comply with the relevant requirements, the market surveillance authority must require the supplier to take steps aimed at ensuring compliance within a time frame to be specified by the market surveillance authority taking into account any damage caused.

(3) If a product continues to be non-compliant after the steps in sub-paragraph (1) or (2) have been taken, the market surveillance authority must—

(a)restrict or prohibit the placing of the product on the market or the putting of the product into service; or

(b)ensure the withdrawal of the product from the market.

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