Provision of information and cooperationE+W+S
35.—(1) Further to a reasoned request from an enforcing authority F1..., a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.
(2) A request referred to in paragraph (1)—
(a)may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and
(b)must be accompanied by the reasons for making the request.
(3) The information referred to in paragraph (1)—
(a)may be provided in electronic form, and
(b)must be in a language which can be easily understood by the [F2enforcing authority].
(4) A distributor must, at the request of the enforcing authority or F3..., cooperate with the authority on any action taken to—
(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and
(b)eliminate the risks posed by radio equipment which the distributor has made available on the market.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 35(1) 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. 29 para. 26(a) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 35(3)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 26(b) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 35(4) 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. 29 para. 26(c) (with Sch. 29 para. 44) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Provision of information and cooperationN.I.
35.—(1) Further to a reasoned request from an enforcing authority or a competent national authority of another [F4relevant state], a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with Part 2.
(2) A request referred to in paragraph (1)—
(a)may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and
(b)must be accompanied by the reasons for making the request.
(3) The information referred to in paragraph (1)—
(a)may be provided in electronic form, and
(b)must be in a language which can be easily understood by the authority concerned.
(4) A distributor must, at the request of the enforcing authority or a competent national authority of another [F4relevant state], cooperate with the authority on any action taken to—
(a)evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and
(b)eliminate the risks posed by radio equipment which the distributor has made available on the market.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F4Words in reg. 35 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 16 para. 3(13)