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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 Sch 5 para 2

Sch 5 para 2 Withdrawal notice

(1) The market surveillance authority may serve a withdrawal notice on a relevant economic operator in respect of a product if the authority has reasonable grounds for believing that— (a) the product has been made available on the market; and (b) there is non-compliance. (2) A withdrawal notice must prohibit the relevant economic operator from making the product available on the market without the consent of the market surveillance authority. (3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the product. (4) A withdrawal notice may require the relevant economic operator to keep the market surveillance authority informed of the whereabouts of any product referred to in the notice. (5) A consent given by the market surveillance authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the market surveillance authority considers appropriate. (6) Subject to sub-paragraph (7), the market surveillance authority may revoke or vary a withdrawal notice by serving a notification on the economic operator. (7) The market surveillance authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply. (8) A withdrawal notice has effect throughout Great Britain.

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