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.