PART 5MARKET SURVEILLANCE AND ENFORCEMENT

EU safeguard procedure57

1

Where another F1relevant state has initiated the procedure under Article 35 of the ATEX Directive (as amended from time to time), the Executive shall, without delay, inform the F11Secretary of State of—

a

any measures taken by the Executive in respect of the product; F2and

b

any additional information which the Executive has at its disposal relating to the lack of conformity of the F3product.

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51A

Where another relevant state has initiated the procedure under Article 35 of the ATEX Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other relevant states of—

a

any measures taken in Northern Ireland by the Executive in respect of the product;

b

any additional information which the Executive has at its disposal relating to the lack of conformity of the product.

2

Where a measure taken by another F6relevant state in respect of a product is considered justified under Article 35(7) of the ATEX Directive (as amended from time to time), the Executive shall ensure that appropriate measures, such as withdrawal, are taken F8in Northern Ireland in respect of the product without delay.

3

Where a measure taken by another F7relevant state in respect of a product is considered justified by the European Commission under Article 36(1) of the ATEX Directive (as amended from time to time), the Executive shall take the necessary measures to ensure that the product is withdrawn from the market in Northern Ireland.

4

Where the Executive has taken action under paragraph (2) or (3), the Executive shall F9notify the Secretary of State of the action taken.

F104A

Where the Secretary of State receives a notice under paragraph (4), the Secretary of State must inform the European Commission of the action taken in respect of Northern Ireland.

5

If a measure taken by the Executive pursuant to regulation 56 is considered unjustified by the European Commission under Article 36(1) of the ATEX Directive (as amended from time to time), the Executive shall withdraw that measure.