reg 58 Enforcement action in respect of products which are in conformity, but present a risk
(1) Where, having carried out an evaluation under regulation 55 , the market surveillance authority finds that although a product is in conformity with Part 2, it presents a risk, the market surveillance authority must require a relevant economic operator to take appropriate measures to— (a) ensure that the product concerned, when placed on the market, no longer presents a risk, (b) withdraw the product within a prescribed period, or (c) recall the product within a prescribed period. (2) Where the market surveillance authority takes measures under paragraph (1), it must notify the Secretary of State immediately. (3) Where the Secretary of State receives a notice under paragraph (2), the Secretary of State must notify the Health and Safety Executive for Northern Ireland immediately. (4) The notices referred to in paragraphs (2) and (3) must include details about the product and, in particular— (a) the data necessary for the identification of the product concerned; (b) the origin and the supply chain of the product; (c) the nature of the risk involved; (d) the nature and duration of the measures taken by the market surveillance authority. (5) In this regulation, “prescribed period” means a period which is— (a) prescribed by the market surveillance authority; (b) reasonable and commensurate with the nature of the risk presented by the product.