PART 5Market surveillance and enforcement
Enforcement action in respect of radio equipment which is in conformity, but presents a riskE162
1
Where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—
a
ensure that the radio equipment, when placed on the market, no longer presents a risk,
b
withdraw the radio equipment within a prescribed period, or
c
recall the radio equipment 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.
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4
The F2notification referred to in paragraph (2) must include details about the radio equipment and, in particular—
a
the data necessary for the identification of the radio equipment concerned,
b
the origin and the supply chain of the radio equipment,
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 is—
a
prescribed by the enforcing authority, and
b
reasonable and commensurate with the nature of the risk presented by the radio equipment.
Enforcement action in respect of radio equipment which is in conformity, but presents a riskE262
1
Where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—
a
ensure that the radio equipment, when placed on the market, no longer presents a risk,
b
withdraw the radio equipment F3from Northern Ireland within a prescribed period, or
c
recall the radio equipment F4from Northern Ireland 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
Where the Secretary of State receives notification under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other F5relevant states immediately.
4
The notifications referred to in paragraphs (2) and (3) must include details about the radio equipment and, in particular—
a
the data necessary for the identification of the radio equipment concerned,
b
the origin and the supply chain of the radio equipment,
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 is—
a
prescribed by the enforcing authority, and
b
reasonable and commensurate with the nature of the risk presented by the radio equipment.