S.L. 427.34 Art. 16Procedure for dealing with electrical equipment presenting a risk at national level.

(1) Where the MSD has sufficient reason to believe that electrical equipment covered by these regulations presents a risk to the health or safety of persons or domestic animals, or to property, the relevant economic operators shall cooperate as necessary for the MSD to carry out an evaluation in relation to the electrical equipment concerned covering all relevant requirements laid down in these regulations.

(2) Where, in the course of the evaluation referred to in sub-regulation (1), the MSD finds that the electrical equipment does not comply with the requirements laid down in these regulations, they shall without delay require the relevant economic operator shall without delay take all appropriate corrective actions to bring the electrical equipment into compliance with those requirements, to withdraw the electrical equipment from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.

(3) Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in regulation 16(3).

(4) Where the MSD considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States of the results of the evaluation and of the actions which it has required the economic operator to take.

(5) The economic operator shall ensure that all appropriate corrective action is taken in respect of electrical equipment concerned that it has made available on the market throughout the European Union.

(6) Where the relevant economic operator does not take adequate corrective action within the period referred to in the second sub-regulation (2), the MSD shall take all appropriate provisional measures to prohibit or restrict the electrical equipment’s being made available on the national market, to withdraw the electrical equipment from that market or to recall it.

(7) The MSD shall inform the Commission and the other Member States, without delay, of those measures.

(8) The information referred to in the sub-regulation (7) shall include all available details, in particular the data necessary for the identification of the non-compliant electrical equipment, the origin of the electrical equipment, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the MSD shall indicate whether the non-compliance is due to either of the following:

(a) failure of the electrical equipment to meet the safety objectives referred to in regulation 5 and set out in Schedule I relating to the health or safety of persons or domestic animals, or to property; or

(b) shortcomings in the harmonised standards referred to in regulation 12(1) or in the international or national standards referred to in regulations 12(2) and 12(3) conferring a presumption of conformity.