PART 4Market surveillance and enforcement
Enforcement action in cases of formal non-complianceE148
1
Where an enforcing authority makes one of the following findings in relation to electrical equipment, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—
c
the technical documentation is either not available or not complete;
d
the following information is absent, false or incomplete—
i
the information specified in regulation 8 (labelling of electrical equipment); or
ii
the information specified in regulation 9 (instructions and safety information);
e
any other administrative requirement provided for in regulation 6 or 8 has not been fulfilled.
2
The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.
3
Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to—
a
restrict or prohibit the electrical equipment being made available on the market;
b
ensure that the electrical equipment is withdrawn; or
c
ensure that the electrical equipment is recalled.
4
This regulation does not apply where electrical equipment presents a risk.
Enforcement action in cases of formal non-complianceE248
1
Where an enforcing authority makes one of the following findings in relation to electrical equipment, it must require a relevant economic operator to remedy the non-compliance concerned within such reasonable period as the enforcing authority specifies—
a
the CE marking—
i
has not been affixed; or
ii
has been affixed otherwise than in accordance with regulations 34 (Prohibition on improper use of CE marking) and 39 (CE marking);
b
the EU declaration of conformity—
i
has not been drawn up; or
ii
has been drawn up otherwise than in accordance with regulations 6 (EU declaration of conformity and CE marking) and 38 (EU declaration of conformity);
c
the technical documentation is either not available or not complete;
d
the following information is absent, false or incomplete—
i
the information specified in regulation 8 (labelling of electrical equipment); or
ii
the information specified in regulation 9 (instructions and safety information);
e
any other administrative requirement provided for in regulation 6 or 8 has not been fulfilled.
2
The enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.
3
Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take all appropriate measures to—
a
restrict or prohibit the electrical equipment being made available on the market;
b
ensure that the electrical equipment is withdrawn; or
c
ensure that the electrical equipment is recalled.
4
This regulation does not apply where electrical equipment presents a risk.