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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)
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Regulation (EC) No 765/2008 of the European Parliament and of the Council, Article 27 is up to date with all changes known to be in force on or before 15 November 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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[F21.The authorities in charge of the control of products entering Great Britain must carry out appropriate checks on the characteristics of products on an adequate scale, in accordance with the principles set out in Article 19(1), before those products are discharged from the free-circulation procedure.]
2.Where F3... more than one authority is responsible for market surveillance or external border controls, those authorities [F4must] cooperate with each other, by sharing information relevant to their functions and otherwise as appropriate.
3.The authorities in charge of external border controls [F5must] suspend [F6the discharge of a product from the free-circulation procedure] when any of the following findings are made in the course of the checks referred to in paragraph 1:
(a)the product displays characteristics which give cause to believe that the product, when properly installed, maintained and used, presents a serious risk to health, safety, the environment or any other public interest referred to in Article 1;
(b)the product is not accompanied by the written or electronic documentation required by [F7any relevant enactment] or is not marked in accordance with that legislation;
(c)[F8a conformity] marking has been affixed to the product in a false or misleading manner.
The authorities in charge of external border controls [F5must] immediately notify the market surveillance authorities of any such suspension.
4.In the case of perishable products, the authorities in charge of external border controls [F9must], as far as possible, seek to ensure that any requirements they may impose with regard to the storage of products or the parking of vehicles used for transport are not incompatible with the preservation of those products.
F105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Art. 27 heading substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 27(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(a) (as amended by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 22(6)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 27(2) omitted (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. 33 para. 26(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 27(2) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 27(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 27(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 27(3)(b) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 27(3)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in Art. 27(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 26(d); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 27(5) omitted (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. 33 para. 26(e); 2020 c. 1, Sch. 5 para. 1(1)
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