The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

Enforcement action in respect of formal non-compliance E+W+S

59.—(1) Where the market surveillance authority makes one of the following findings relating to a product, it must require a relevant economic operator to remedy the non-compliance concerned within a specified period—

(a) the [F1 UK] marking—

(i) where required, has not been affixed;

(ii) has been affixed otherwise than in accordance with regulations 36 (prohibition on improper use of [F1 UK] marking) and 41 ([F1 UK] marking);

(b) where [F2 an approved] body is involved in the production control phase for the product, the identification number of the notified body—

(i) has not been affixed;

(ii) has been affixed otherwise than in accordance with regulation 41;

(c) the F3 ... declaration of conformity or the attestation of conformity as appropriate—

(i) does not accompany the product;

(ii) has been drawn up otherwise than in accordance with regulations 7 (F3 ... declaration of conformity and [F4 UK] marking) and 40 (F3 ... declaration of conformity);

(d) the technical documentation is either not available or not complete;

(e) the following product information has not been affixed or has been affixed otherwise than in accordance with paragraph 5 of Schedule 1—

(i) specific marking of explosion protection in accordance with paragraph 5(1)(f) of Schedule 1;

(ii) the symbols of the equipment-group and category in accordance with paragraph 5(1)(g) of Schedule 1;

(iii) where applicable, the other markings and information required by paragraph 5(1) of Schedule 1;

(f) the following information that is required to be included in the labelling of the product is absent, false or incomplete—

(i) the information specified in regulation 13 (information identifying manufacturer)

(ii) the information specified in regulation 21 (information identifying importer);

(g) any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) The market surveillance authority must not take any enforcement action against the relevant economic operator under these Regulations in respect of the non-compliance concerned until the period referred to in paragraph (1) has elapsed.

(3) Where the non-compliance referred to in paragraph (1) persists, the market surveillance authority must take appropriate measures to—

(a) restrict or prohibit the product being made available on the market,

(b) ensure that the product is withdrawn, or

(c) ensure that the product is recalled.

(4) This regulation does not apply where a product presents a risk.

Textual Amendments

F1 Word in reg. 59(1)(a) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 32(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 59(1)(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. 25 para. 32(b) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 59(1)(c) 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. 25 para. 32(c) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 59(1)(c)(ii) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 25 para. 32(a) (with Sch. 25 para. 34) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 59 in force at 8.12.2016, see reg. 1(1)