PART 5Market surveillance and enforcement
Action by enforcing authority72
1
An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—
a
the enforcing authority has been unable to identify any economic operator on whom to serve such a notice, or
b
the economic operator on whom such a notice has been served has failed to comply with it.
2
If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.