F1SCHEDULE 12ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

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Amendments (Textual)

PART 1ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES AND MARKET SURVEILLANCE

Enforcement action in respect of civil explosives which are in conformity, but present a risk11

1

Where, having carried out an evaluation under paragraph 8, the Executive finds that, although a civil explosive is in conformity with Part 13 it presents a risk, the Executive must require a relevant economic operator to take appropriate measures to—

a

ensure that the civil explosive concerned, when placed on the market, no longer presents a risk;

b

withdraw the civil explosive within a prescribed period; or

c

recall the civil explosive within a prescribed period.

2

Where the Executive takes measures under sub-paragraph (1), it must notify the Secretary of State immediately.

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4

F3The notice referred to in sub-paragraph (2) must include details about the civil explosive and, in particular—

a

the data necessary for the identification of the civil explosive concerned;

b

the origin and the supply chain of the civil explosive;

c

the nature of the risk involved; and

d

the nature and duration of the measures taken by the Executive.

5

In this paragraph, “prescribed period” means a period which is—

a

prescribed by the Executive; and

b

reasonable and commensurate with the nature of the risk presented by the civil explosive.