PART 4Market surveillance and enforcement
Enforcement action in respect of electrical equipment which is in conformity, but presents a riskE147
1
Where, having carried out an evaluation under regulation 44, an enforcing authority finds that although electrical equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take all appropriate measures to—
a
ensure that the electrical equipment concerned, when placed on the market, no longer presents a risk;
b
withdraw the electrical equipment within a prescribed period; or
c
recall the electrical equipment within a prescribed period.
2
Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.
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4
The F2notice referred to in paragraph (2) must include, where available—
a
the data necessary for the identification of the electrical equipment concerned;
b
the origin and the supply chain of the electrical equipment;
c
the nature of the risk involved; and
d
the nature and duration of the measures taken by the enforcing authority.
5
In this regulation, “prescribed period” means a period which is—
a
prescribed by the enforcing authority; and
b
reasonable and commensurate with the nature of the risk presented by the electrical equipment.
Enforcement action in respect of electrical equipment which is in conformity, but presents a riskE247
1
Where, having carried out an evaluation under regulation 44, an enforcing authority finds that although electrical equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take all appropriate measures to—
a
ensure that the electrical equipment concerned, when placed on the market, no longer presents a risk;
b
withdraw the electrical equipment F3from the market in Northern Ireland within a prescribed period; or
c
recall the electrical equipment F4from the market in Northern Ireland within a prescribed period.
2
Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.
3
Where the Secretary of State receives a notice under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other F5relevant states immediately.
4
The notices referred to in paragraphs (2) and (3) must include, where available—
a
the data necessary for the identification of the electrical equipment concerned;
b
the origin and the supply chain of the electrical equipment;
c
the nature of the risk involved; and
d
the nature and duration of the measures taken by the enforcing authority.
5
In this regulation, “prescribed period” means a period which is—
a
prescribed by the enforcing authority; and
b
reasonable and commensurate with the nature of the risk presented by the electrical equipment.