SCHEDULE 33Amendment of Regulation (EC) No 765/2008

I119

In Article 19—

a

in paragraphs 1, 2, 4 and 5 for “shall” substitute “ must ” in each place it occurs;

b

in paragraph 2 omit “within their territories”;

c

for paragraph 3 substitute—

3

Where a market surveillance authority decides to withdraw a product manufactured in the United Kingdom, it must inform the economic operator concerned at the address indicated on the product in question or in the documentation accompanying the product.

d

for paragraph 5, substitute—

5

Market surveillance authorities must observe confidentiality where necessary in order to protect commercial secrets or to preserve personal data pursuant to national legislation, subject to the requirements that:

a

information be made public under this Regulation to the fullest extent necessary in order to protect the users in the United Kingdom;

b

the protection of confidentiality shall not prevent the dissemination to market surveillance authorities of information relevant to ensuring the effectiveness of market surveillance activities.