PART 5U.K.Market surveillance and enforcement

Enforcement action in respect of vessels which are in conformity, but which present a riskE+W+S

61.—(1) Where, having carried out an evaluation under regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that although a vessel is in conformity with Part 2, it presents a risk to the health or safety of persons, to domestic animals or to property, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a)ensure that the vessel concerned, when placed on the market, no longer presents such a risk;

(b)withdraw the vessel within a prescribed period; or

(c)recall the vessel within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F2notice referred to in paragraph (2)] must include all available details and, in particular—

(a)the data necessary for the identification of the vessel;

(b)the origin and the supply chain of the vessel;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which—

(a)is prescribed by the enforcing authority; and

(b)is reasonable and commensurate with the nature of the risk presented by the vessel.

Enforcement action in respect of vessels which are in conformity, but which present a riskN.I.

61.—(1) Where, having carried out an evaluation under regulation 58 (evaluation of vessels presenting a risk), an enforcing authority finds that although a vessel is in conformity with Part 2, it presents a risk to the health or safety of persons, to domestic animals or to property, the enforcing authority must require a relevant economic operator to take all appropriate measures to—

(a)ensure that the vessel concerned, when placed on the market, no longer presents such a risk;

(b)withdraw the vessel within a prescribed period; or

(c)recall the vessel within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

(3) [F3Subject to paragraph (3A),] where the Secretary of State receives a notice under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other [F4relevant states] immediately.

[F5(3A) Paragraph (3) only applies to measures taken in Northern Ireland.]

(4) The notices referred to in paragraphs (2) and (3) must include all available details and, in particular—

(a)the data necessary for the identification of the vessel;

(b)the origin and the supply chain of the vessel;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, “prescribed period” means a period which—

(a)is prescribed by the enforcing authority; and

(b)is reasonable and commensurate with the nature of the risk presented by the vessel.