The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995

Wrongful use of CE marking

20.—(1) If an authorised person is satisfied that a CE marking has been placed on an instrument save as required by, and in conformity with, the requirements of these Regulations, he shall give notice to the manufacturer or his authorised representative specifying the respects in which those requirements have not been satisfied.

(2) The matters to be specified in a notice given under paragraph (1) above pursuant to this paragraph are that, unless steps are taken which ensure—

(a) that the instrument or any instrument of the same type does so conform or comply, or

(b) that the manufacturer or his authorised representative does so act, as the case may require—

(i) any EC type-approval certificate granted under regulation 10(3), or

(ii) any approval of a quality system granted under regulation 13(4),

may be withdrawn.

(3) A notice under paragraph (1) above shall be in writing and shall—

(a) specify the date on which it is to take effect;

(b) specify the grounds for the decision; and

(c) inform the manufacturer of his right to apply for a review of the decision under regulation 21.

(4) Where an authorised person gives a notice under paragraph (1) above, he shall forthwith send a copy of the notice to the Secretary of State.

(5) If the Secretary of State—

(a) in the case of an EC type-approval certificate which he has granted, after giving the manufacturer the opportunity of making representations as to why it should not be withdrawn, decides that the EC type-approval certificate should be withdrawn, he shall immediately—

(i) give notice of the decision to the manufacturer, and

(ii) inform the other member States of the decision; and

(b) in the case of an EC type-approval certificate granted under the law of another member State, is of the opinion that consideration ought to be given to whether the EC type-approval certificate should be withdrawn he shall immediately inform the relevant competent authority of that fact.

(6) If the Secretary of State is of the opinion that consideration should be given to withdrawal of any relevant quality system approval—

(a) in the case of an approval granted by an approved body under these Regulations, he shall inform the approved body of that fact; and

(b) in the case of an approval granted under the law of another member State, he shall immediately inform the relevant competent authority of that fact.

(7) The Secretary of State shall publish, in such manner as he may consider appropriate, particulars of any notice under paragraph (5) above withdrawing an EC type-approval certificate.