The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

Enforcement action in respect of products which are not in conformity and which present a risk N.I.

56.—(1) Where, in the course of the evaluation referred to in regulation 55, the Executive finds that the product is not in conformity with Part 2, it shall, without delay, require a relevant economic operator to—

(a) take appropriate corrective action to bring the product into conformity with those requirements within a prescribed period;

(b) withdraw the product within a prescribed period; or

(c) recall the product within a prescribed period.

(2) The Executive shall inform the notified body which carried out the conformity assessment procedure in respect of the product of—

(a) the respect in which the product is not in conformity with Part 2; and

(b) the actions which the Executive is requiring the relevant economic operator to take.

(3) Where the Executive considers that the lack of conformity referred to in paragraph (1) is not restricted to Northern Ireland, the Executive shall [F1 notify the Secretary of State] of—

(a) the results of the evaluation; and

(b) the actions which the Executive has required the economic operator to take.

[F2 (3A) Subject to paragraph (3B), where the Secretary of State receives a notice under paragraph (3) or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to Northern Ireland, the Secretary of State must inform the European Commission and other relevant states of—

(a) the results of the evaluation; and

(b) the actions which the Executive has required the economic operator to take.

(3B) Paragraph (3A) does not require the Secretary of State to inform the European Commission or other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]

(4) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the Executive shall take appropriate measures to—

(a) prohibit or restrict the product being made available on the market in Northern Ireland;

(b) withdraw the product from the market in Northern Ireland; or

(c) recall the product.

(5) Where the Executive takes measures under paragraph (4), the Executive shall notify the [F3 Secretary of State] of those measures without delay.

[F4 (5A) Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must notify the European Commission and other relevant states of the measures taken without delay.]

(6) The [F5 notices in paragraphs (5) and (5A) must] include details about the product and, in particular—

(a) the data necessary for the identification of the product which is not in conformity with Part 2;

(b) the origin of the product;

(c) the nature of the lack of conformity alleged and the risk involved;

(d) the nature and duration of the measures taken;

(e) the arguments put forward by the relevant economic operator; and

(f) whether the lack of conformity is due to either of the following—

(i) failure of the product to meet requirements relating to a risk;

(ii) shortcomings in the harmonised standards referred to in regulation 38 (Presumption of conformity) conferring a presumption of conformity.

(7) In this regulation, “prescribed period” means a period which is—

(a) prescribed by the Executive; and

(b) reasonable and commensurate with the nature of the risk presented by the product.

Textual Amendments

F1 Words in reg. 56(3) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(1)(a)

F2 Reg. 56(3A)(3B) inserted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(1)(b)

F3 Words in reg. 56(5) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(2)

F4 Reg. 56(5A) inserted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(1)(c)

F5 Words in reg. 56(6) substituted (10.8.2023) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023 (S.I. 2023/861), regs. 1(b), 7(1)(d)