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The Pressure Equipment (Safety) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1105
- PART 5
- Regulation 72
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There are currently no known outstanding effects for the The Pressure Equipment (Safety) Regulations 2016, Section 72.
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EU safeguard procedureU.K.
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72.—[F1(1) Where another [F2relevant state] has initiated the procedure under Article 40 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 pressure equipment or assembly which is the subject of the procedure;
(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the pressure equipment or assembly.
(2) Where another [F3relevant state] has initiated the procedure under Article 40 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 measures taken [F5in Northern Ireland] by an enforcing authority in respect of the pressure equipment or assembly which is the subject of the procedure;
(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the pressure equipment or assembly; F6...
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where a measure taken by another [F7relevant state] in respect of pressure equipment or an assembly is considered justified by the European Commission under Article 40(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken [F8in Northern Ireland] in respect of the pressure equipment or assembly without delay.
(4) Where a measure taken by another [F9relevant state] in respect of pressure equipment or an assembly is considered justified by the European Commission under Article 41(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the pressure equipment or assembly is withdrawn from the [F10market in Northern Ireland].
(5) Where the market surveillance authority has taken action under paragraph (3) or (4), it must notify the Secretary of State.
(6) Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must inform the European Commission of the action taken [F11in respect of Northern Ireland].
(7) If a measure taken by an enforcing authority pursuant to regulation 71 is considered unjustified by the European Commission under Article 41(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F12in respect of Northern Ireland].]
Textual Amendments
F1Reg. 72 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. 24 para. 38 (with Sch. 24 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 72(1) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(a)
F3Words in reg. 72(2) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(b)(i)
F4Words in reg. 72(2) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(b)(ii)
F5Words in reg. 72(2)(a) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(b)(iii)
F6Reg. 72(2)(c) and word omitted (N.I.) (31.12.2020) by virtue of The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(b)(iv)
F7Words in reg. 72(3) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(a)
F8Words in reg. 72(3) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(c)
F9Words in reg. 72(4) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(a)
F10Words in reg. 72(4) substituted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(d)
F11Words in reg. 72(6) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(e)
F12Words in reg. 72(7) inserted (N.I.) (31.12.2020) by The Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/678), reg. 1(b), Sch. 2 para. 6(2)(e)
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