Compliant regulated non-automatic weighing instruments which present a riskE+W+S
60.—(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.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 60(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 35 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Compliant regulated non-automatic weighing instruments which present a riskN.I.
60.—(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.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2Words in reg. 60(2)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(3)(a)(i)
F3Words in reg. 60(2)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(3)(a)(ii)
F4Word in reg. 60(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(3)(b)