Regulation (EC) No 765/2008 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (Text with EEA relevance)

Article 18U.K.Obligations F1... as regards organisation

F21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.[F3The Secretary of State must] establish adequate procedures in order to:

(a)follow up complaints or reports on issues relating to risks arising in connection with products subject to [F4any relevant enactment];

(b)monitor accidents and harm to health which are suspected to have been caused by those products;

(c)verify that corrective action has been taken; and

(d)follow up scientific and technical knowledge concerning safety issues.

[F53.The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate to ensure that market surveillance authorities have the powers necessary for the proper performance of their duties.

The Secretary of State must entrust market surveillance authorities with the resources and knowledge necessary for the proper performance of their duties.

Regulations made under this paragraph must be made by statutory instrument.

A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

[F64.Market surveillance authorities must exercise their powers proportionately.]

[F75.The Secretary of State must establish, implement and periodically update the United Kingdom's market surveillance programme setting out the principles as to how market surveillance is to be organised and covering the sectors in which market surveillance is conducted in the United Kingdom. The Secretary of State must make this programme available to the public by way of electronic communication and, where appropriate, by other means.]

6.[F8The Secretary of State] [F9must] periodically review and assess the functioning of F10... surveillance activities [F11by market surveillance authorities]. Such reviews and assessments [F9must] be carried out at least every fourth year and the results thereof [F9must] F12... be made available to the public, by way of electronic communication and, where appropriate, by other means.

Textual Amendments