SCHEDULE 4Compliance, Withdrawal and Recall Notices
Withdrawal notice2
1
An enforcement authority may serve a withdrawal notice on a relevant economic operator in respect of an appliance or fitting if the authority has reasonable grounds for believing that—
a
the appliance or fitting has been made available on the market; and
b
either of the following conditions are met—
i
the appliance or fitting presents a risk; or
ii
the appliance or fitting is not in conformity with the requirements of EU Regulation 2016/426 or RAMS (in its application to appliances or fittings).
2
A withdrawal notice must prohibit the relevant economic operator from making the appliance or fitting available on the market without the consent of the enforcement authority.
3
A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the appliance or fitting.
4
A withdrawal notice may require the relevant economic operator to keep the enforcement authority informed of the whereabouts of any appliance or fitting referred to in the notice.
5
A consent given by the enforcement authority pursuant to a withdrawal notice may impose such conditions on the making available on the market as the authority considers appropriate.