PART 8MARKET SURVEILLANCE AND ENFORCEMENT
CHAPTER 2ENFORCEMENT PROCEDURES
Compliance notice procedureE163
1
This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market—
a
b
the F2UK marking or the M marking has not been affixed;
c
the identification number of the F4approved body, where the body is involved in the production control phase has—
i
been affixed otherwise than in accordance with the requirements of these Regulations; or
ii
not been affixed;
d
the F5... declaration of conformity has not been drawn up correctly;
e
the technical documentation is either not available or is not complete;
f
the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or
g
any other failure—
i
by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or
ii
by an importer to comply with the requirements of Chapter 2 of Part 2.
2
The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must—
a
describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
b
specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument;
c
require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b);
d
specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and
e
warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument.
3
Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.
Compliance notice procedureE263
1
This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market—
a
the CE marking or the M marking has been affixed in violation of Article 30 of the RAMS Regulation or the requirements of these Regulations;
b
the CE marking or the M marking has not been affixed;
c
the identification number of the notified body, where the body is involved in the production control phase has—
i
been affixed otherwise than in accordance with the requirements of these Regulations; or
ii
not been affixed;
F6ca
the UK(NI) indication—
i
has not been affixed, in contravention of regulation 45A; or
ii
has been affixed other than in accordance with regulation 45A;
d
the EU declaration of conformity has not been drawn up correctly;
e
the technical documentation is either not available or is not complete;
f
the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or
g
any other failure—
i
by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or
ii
by an importer to comply with the requirements of Chapter 2 of Part 2.
2
The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must—
a
describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
b
specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument;
c
require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b);
d
specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and
e
warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument.
3
Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.