PART 8MARKET SURVEILLANCE AND ENFORCEMENT

CHAPTER 1MARKET SURVEILLANCE

Compliant regulated non-automatic weighing instruments which present a riskE160

1

This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).

2

Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—

a

take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market, no longer presents that risk;

b

withdraw the non-automatic weighing instrument from the market; or

c

recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.

3

Where this regulation applies, the market surveillance authority must immediately inform the F1Secretary of State of all available details including—

a

the data necessary for the identification of the regulated non-automatic weighing instrument concerned;

b

the origin and supply chain of the regulated non-automatic weighing instrument;

c

the nature of the risk involved; and

d

the nature and duration of the national measures taken.

Compliant regulated non-automatic weighing instruments which present a riskE260

1

This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).

2

Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—

a

take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market F2in Northern Ireland, no longer presents that risk;

b

withdraw the non-automatic weighing instrument from the market F3in Northern Ireland; or

c

recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.

3

Where this regulation applies, the market surveillance authority must immediately inform the Commission and the other F4relevant states of all available details including—

a

the data necessary for the identification of the regulated non-automatic weighing instrument concerned;

b

the origin and supply chain of the regulated non-automatic weighing instrument;

c

the nature of the risk involved; and

d

the nature and duration of the national measures taken.