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PART 5U.K.Market surveillance and enforcement

EU safeguard procedureU.K.

[F158.—(1) Where another [F2relevant state] has initiated the procedure under Article 39 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 pyrotechnic article; and

(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the pyrotechnic article.

(2) Where another [F3relevant state] has initiated the procedure under Article 39 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 by an enforcing authority in respect of the pyrotechnic article;

(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the pyrotechnic [F5article.]

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a measure taken by another [F7relevant state] in respect of a pyrotechnic article is considered justified under Article 39(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 pyrotechnic article without delay.

(4) Where a measure taken by another [F9relevant state] in respect of a pyrotechnic article is considered justified by the European Commission under Article 40(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the pyrotechnic article is withdrawn from the [F10market in Northern Ireland].

(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6) Where the Secretary of State receives a notice under paragraph (5) or has taken action under paragraphs (3) or (4), 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 57 is considered unjustified by the European Commission under Article 40(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F12in respect of Northern Ireland].]

Textual Amendments