PART 2Market Surveillance and Enforcement
Offences7
1
It is an offence for an economic operator to contravene the requirements and obligations set out in—
a
Article 7 (obligations of manufacturers);
b
Article 9 (obligations of importers);
c
Article 10 (obligations of distributors);
d
Article 12 (identification of economic operators);
e
Article 17 (rules and conditions for affixing the CE marking); and
f
Article 18 (inscriptions).
2
It is an offence for an economic operator to fail to—
a
cooperate with;
b
provide information to; and
c
comply with any of the requirements of, the market surveillance authority acting under Article 37.
3
It is an offence for an economic operator to fail to take the action required under—
a
Article 39 (compliant appliance or fitting which presents a risk); or
b
Article 40 (formal non-compliance).
4
It is an offence for a person—
a
to intentionally obstruct an enforcement authority acting in the execution or enforcement of EU Regulation 2016/426;
b
without reasonable cause, to fail to give such an enforcement authority any assistance or information which that authority may reasonably require for those purposes;
c
to knowingly or recklessly furnish to such an enforcement authority any information knowing it to be false or misleading in a material particular; or
d
to fail to produce a document or record for such an enforcement authority when required to do so.
5
Proceedings must not be commenced against an economic operator under paragraph (1), (2) or (3) if the economic operator has been given a time period within which to comply or take action, and that time period has not expired.