Regulation (EU) 2017/1369 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (Text with EEA relevance)

Article 9U.K.Procedure at national level for dealing with products presenting a risk

1.Where the market surveillance authorities F1... have sufficient reason to believe that a product covered by this Regulation presents a risk to aspects of public interest protection covered by this Regulation, such as environmental and consumer protection aspects, they shall carry out an evaluation in relation to the product concerned covering all energy labelling requirements relevant to the risk and laid down in this Regulation or in the relevant delegated act. Suppliers and dealers shall cooperate as necessary with the market surveillance authorities for the purpose of that evaluation.

2.Where, in the course of the evaluation referred to in paragraph 1, the market surveillance authorities find that the product does not comply with the requirements laid down in this Regulation or in the relevant delegated act, they shall without delay require the supplier, or where appropriate, the dealer, to take all appropriate corrective action to bring the product into compliance with those requirements, where appropriate to withdraw the product from the market, or where appropriate, to recall it within a reasonable period, commensurate with the nature of the risk as they may prescribe.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph.

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4.The supplier or, where appropriate, the dealer shall ensure that all appropriate corrective or restrictive action in accordance with paragraph 2 is taken in respect of all the products concerned that it has made available on the [F3market of Great Britain].

5.Where the supplier or, where appropriate, the dealer does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the availability of the product on [F4market of Great Britain], to withdraw the product from that market, or to recall it.

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9.[F6The Secretary of State must] ensure that appropriate restrictive measures, such as withdrawal of the product from their market, are taken in respect of the product concerned, without delay.

[F710.Corrective or restrictive measures pursuant to paragraph 2, 4, 5 or 9 must be extended to all units of a non-compliant model and of its equivalent models, except those units which the supplier demonstrates are compliant.]

Textual Amendments