The Electromagnetic Compatibility Regulations 2016

Changes over time for: Section 58

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The Electromagnetic Compatibility Regulations 2016, Section 58 is up to date with all changes known to be in force on or before 22 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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reg. 74A(4)-(6) omitted by S.I. 2024/696 reg. 11(5)

EU safeguard procedureU.K.

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58.—[F1(1) Where another [F2relevant state] has initiated the procedure under Article 38 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—

(a)any measures taken by the enforcing authority in respect of the apparatus; and

(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the apparatus.

(2) Where another [F3relevant state] has initiated the procedure under Article 38 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F4relevant states] of—

(a)any measure taken by an enforcing authority [F5in Northern Ireland] in respect of the apparatus;

(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the [F6apparatus.]

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [F8relevant state] in respect of apparatus is considered justified under Article 38(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as the withdrawal of apparatus, are taken [F9in Northern Ireland] in respect of the apparatus without delay.

(4) Where a measure taken by another [F10relevant state] in respect of apparatus is considered justified by the European Commission under Article 39(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the apparatus is withdrawn from the [F11market in Northern Ireland].

(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives a notice under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F12in respect of Northern Ireland].

(7) If a measure taken by an enforcing authority pursuant to regulation 57 is considered unjustified by the European Commission under Article 39(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F13in respect of Northern Ireland].]

Textual Amendments

F1Reg. 58 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 20 para. 31 (with Sch. 20 para. 33) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)