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SCHEDULE 33Amendment of Regulation (EC) No 765/2008

Amendment to Chapter 3

15.  In Article 16—

(a)omit paragraph 1;

(b)in paragraph 2—

(i)after “Market surveillance”, insert “authorities”;

(ii)for “shall” substitute “must”;

(iii)for “Community harmonisation legislation” substitute “any relevant enactment” in both places in which it occurs;

(iv)for “, the Commission and the other Member States”, substitute “and the Secretary of State”;

(c)for paragraph 3 substitute—

3.  The Secretary of State must ensure that there is a national market surveillance infrastructure and programme so that effective measures may be taken in relation to any product subject to any relevant enactment.;

(d)in paragraph 4—

(i)for “shall” in the first place it occurs substitute “must”;

(ii)for “Community harmonisation legislation”, substitute “any relevant enactment”;

(iii)omit “shall” in the second place it occurs.