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PART 7U.K.MARKET SURVEILLANCE AND ENFORCEMENT

CHAPTER 1U.K.MARKET SURVEILLANCE

The market surveillance authorityU.K.

62.  The Secretary of State is the market surveillance authority for the purposes of these Regulations and RAMS.

Regulated measuring instruments presenting a riskE+W+S

63.—(1) This regulation applies where the market surveillance authority has sufficient reason to believe that a regulated measuring instrument presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading.

(2) Where this regulation applies the market surveillance authority must carry out an evaluation of the regulated measuring instrument covering all relevant requirements of these Regulations which apply to that instrument.

(3) The relevant economic operators in relation to the regulated measuring instrument must co-operate as necessary with the market surveillance authority for that purpose.

(4) Where in the course of the evaluation referred to in paragraph (2), the market surveillance authority finds that the regulated measuring instrument does not comply with the essential requirements applicable to it, it must without delay issue a direction which requires the relevant economic operator to—

(a)take all appropriate corrective actions;

(b)withdraw the instrument from the market; or

(c)recall it within a reasonable period commensurate with the nature of the risk.

(5) Where the market surveillance authority acts under paragraph (4), it must without delay inform the [F1approved] body that carried out the conformity assessment procedure in respect of the regulated measuring instrument of—

(a)the respect in which the instrument is not in conformity with the requirements of these Regulations; and

(b)the actions that the authority is requiring the relevant economic operator to take.

F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The economic operator must ensure that all appropriate corrective action is taken in respect of all the regulated measuring instruments concerned that it has made available [F3in the United Kingdom].

(8) Where the relevant economic operator does not take adequate corrective action within a reasonable period, the market surveillance authority must take all provisional measures to prohibit or restrict the regulated measuring instrument being made available on the market, to withdraw the instrument from the market or to recall it.

F4(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Regulated measuring instruments presenting a riskN.I.

63.—(1) This regulation applies where the market surveillance authority has sufficient reason to believe that a regulated measuring instrument presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading.

(2) Where this regulation applies the market surveillance authority must carry out an evaluation of the regulated measuring instrument covering all relevant requirements of these Regulations which apply to that instrument.

(3) The relevant economic operators in relation to the regulated measuring instrument must co-operate as necessary with the market surveillance authority for that purpose.

(4) Where in the course of the evaluation referred to in paragraph (2), the market surveillance authority finds that the regulated measuring instrument does not comply with the essential requirements applicable to it, it must without delay issue a direction which requires the relevant economic operator to—

(a)take all appropriate corrective actions;

(b)withdraw the instrument from the market; or

(c)recall it within a reasonable period commensurate with the nature of the risk.

(5) Where the market surveillance authority acts under paragraph (4), it must without delay inform the notified body that carried out the conformity assessment procedure in respect of the regulated measuring instrument of—

(a)the respect in which the instrument is not in conformity with the requirements of these Regulations; and

(b)the actions that the authority is requiring the relevant economic operator to take.

(6) [F13Subject to paragraph (6A),] where the market surveillance authority considers that non-compliance is not restricted to [F14Northern Ireland], it must inform the Commission and the other [F15relevant] states of the results of the evaluation and of the actions which they have required the economic operator to take.

[F16(6A) Paragraph (6) does not require the Secretary of State to inform the Commission or the other relevant states where the non-compliance extends only to any of England or Wales or Scotland.]

(7) The economic operator must ensure that all appropriate corrective action is taken in respect of all the regulated measuring instruments concerned that it has made available on the market throughout [F17Northern Ireland].

(8) Where the relevant economic operator does not take adequate corrective action within a reasonable period, the market surveillance authority must take all provisional measures to prohibit or restrict the regulated measuring instrument being made available on the market [F18in Northern Ireland], to withdraw the instrument from the market [F19in Northern Ireland] or to recall it.

(9) Where the market surveillance authority takes measures under paragraph (8), the market surveillance authority must notify the Commission and the other [F20relevant states] of those measures without delay.

(10) A notification under paragraph (9) must include all available details, in particular—

(a)the data necessary for the identification of the non-compliant regulated measuring instrument;

(b)the origin of the instrument;

(c)the nature of the non-compliance alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the non-compliance is due to either of the following—

(i)failure of the regulated measuring instrument to meet the requirements relating to a risk;

(ii)shortcomings in the harmonised standards referred to in regulation 37(a).

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

EU safeguard procedureU.K.

64.—[F6(1) Where another [F7relevant state] has initiated the procedure under Article 42 of the Directive, the Market surveillance authority must without delay, inform the Commission and the other [F8relevant states] of—

(a)any measures taken by a competent authority in respect of the regulated measuring instrument;

(b)any additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the regulated measuring [F9instrument.]

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a measure taken by another [F11relevant] state in respect of a regulated measuring instrument is considered justified under Article 42 of the Directive, the market surveillance authority must ensure that appropriate measures to withdraw the instrument are taken in respect of the regulated measuring instrument without delay.

(3) If, pursuant to Article 43 of the Directive, the Commission considers a direction given pursuant to regulation 63(4) is unjustified, the market surveillance authority must forthwith withdraw it and notify other enforcement authorities and economic operators affected accordingly.]

Textual Amendments

Compliant regulated measuring instruments which present a riskE+W+S

65.—(1) This regulation applies where, having carried out an evaluation under regulation 63, the market surveillance authority finds that although a regulated measuring instrument is in compliance with the requirements of these Regulations, it presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading.

(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 regulated measuring instrument concerned, when placed on the market, no longer presents that risk;

(b)withdraw the regulated measuring instrument from the market; or

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

F12(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Compliant regulated measuring instruments which present a riskN.I.

65.—(1) This regulation applies where, having carried out an evaluation under regulation 63, the market surveillance authority finds that although a regulated measuring instrument is in compliance with the requirements of these Regulations, it presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading.

(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 regulated measuring instrument concerned, when placed on the market, no longer presents that risk;

(b)withdraw the regulated measuring instrument from the market [F21in 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 [F22relevant] states of all available details including—

(a)the data necessary for the identification of the regulated measuring instrument concerned;

(b)the origin and supply chain of the regulated measuring instrument;

(c)the nature of the risk involved; and

(d)the nature and duration of the national measures taken.

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Provisions as to directions under regulations 63 and 65U.K.

66.—(1) This regulation applies in relation to directions given under regulations 63 and 65.

(2) A direction must—

(a)be in writing;

(b)describe the regulated measuring instrument to which it relates in a manner sufficient to identify that instrument;

(c)specify the risk identified by the market surveillance authority;

(d)specify the steps that the economic operator must take (including the time period within which they must be taken).

(3) The Secretary of State may impose a monetary penalty on an economic operator who fails to comply with a direction given under regulation 63 or 65.

(4) Schedule 7 has effect in relation to a monetary penalty imposed under paragraph (3).