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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

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Duty to take action in respect of products made available on the market which are not in conformity

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32.—(1) A distributor who considers, or has reason to believe, that a product which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—

(a)bring that product into conformity,

(b)withdraw the product, or

(c)recall the product.

(2) Where the product presents a risk, the distributor must immediately inform the market surveillance authority, and the competent national authorities of the other Member States in which the distributor has made the product available on the market, of that risk, giving details of—

(a)the respect in which the product is considered not to be in conformity with Part 2, and

(b)any corrective measures taken.

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