The Radio Equipment Regulations 2017

Enforcement action in respect of radio equipment which is not in conformity and which presents a riskE+W+S

This section has no associated Explanatory Memorandum

60.—(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—

(a)take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

(b)withdraw the radio equipment, or

(c)recall the radio equipment,

within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—

(a)the respect in which the radio equipment is not in conformity with Part 2, and

(b)the actions which the enforcing authority has required the economic operator to take.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)prohibit or restrict the radio equipment being made available on the market in the United Kingdom,

(b)withdraw the radio equipment from the United Kingdom market, or

(c)recall the radio equipment.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F2(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The [F3notification under paragraph (6)] must include details about the radio equipment and, in particular—

(a)the data necessary for the identification of the radio equipment which is not in conformity with Part 2,

(b)the origin of the radio equipment,

(c)the nature of the lack of conformity 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 lack of conformity is due to either of the following—

(i)failure of the radio equipment to meet the essential requirements, or

(ii)shortcomings in the [F4designated] standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

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

Enforcement action in respect of radio equipment which is not in conformity and which presents a riskN.I.

60.—(1) Where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with Part 2, it must without delay require a relevant economic operator to—

(a)take appropriate corrective actions to bring the radio equipment into conformity with those requirements,

(b)withdraw the radio equipment [F5from Northern Ireland], or

(c)recall the radio equipment [F6from Northern Ireland],

within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of—

(a)the respect in which the radio equipment is not in conformity with Part 2, and

(b)the actions which the enforcing authority has required the economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [F7Northern Ireland], it must notify the Secretary of State of—

(a)the results of the evaluation, and

(b)the actions which it has required the economic operator to take.

(4) [F8Subject to paragraph (4A),] where the Secretary of State receives notification under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F9Northern Ireland], the Secretary of State must inform the European Commission and the other [F10relevant states] of—

(a)the results of the evaluation, and

(b)any actions which the enforcing authority has required the economic operator to take.

[F11(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—

(a)prohibit or restrict the radio equipment being made available on the market in [F12Northern Ireland],

(b)withdraw the radio equipment from the [F13market in Northern Ireland], or

(c)recall the radio equipment.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives notification under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F14relevant states] of those measures without delay.

(8) The notifications under paragraphs (6) and (7) must include details about the radio equipment and, in particular—

(a)the data necessary for the identification of the radio equipment which is not in conformity with Part 2,

(b)the origin of the radio equipment,

(c)the nature of the lack of conformity 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 lack of conformity is due to either of the following—

(i)failure of the radio equipment to meet the essential requirements, or

(ii)shortcomings in the harmonised standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity.

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