Implementation of Commission decisions
35.—(1) This regulation applies where the Commission adopts a decision pursuant to article 13 of the GPS Directive.
(2) The Secretary of State shall—
- (a) take such action under these Regulations, or
- (b) direct another enforcement authority to take such action under these Regulations
as is necessary to comply with the decision.
(3) Where an enforcement authority serves a safety notice pursuant to paragraph (2), the following provisions of these Regulations shall not apply in relation to that notice, namely regulations 14(3), 15(4) to (6) and 16(1), 16(2)(c) and (d), 16(5) to (7) and 17.
(4) Unless the Commission’s decision provides otherwise, export from the Community of a dangerous product which is the subject of such a decision is prohibited with effect from the date the decision comes into force.
(5) The enforcement of the prohibition in paragraph (4) shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979(a)[1].
(6) The measures necessary to implement the decision shall be taken within 20 days, unless the decision specifies a different period.
(7) The Secretary of State or, where the Secretary of State has directed another enforcement authority to take action under paragraph (2)(b), that enforcement authority shall, within one month, give the parties concerned an opportunity to submit their views and shall inform the Commission accordingly.
Market surveillance
36. In order to ensure a high level of consumer health and safety protection, enforcement authorities shall within the limits of their responsibility and to the extent of their ability undertake market surveillance of products employing appropriate means and procedures and co-operating with other enforcement authorities and competent authorities of other Member States which may include:
- (a) establishment, periodical updating and implementation of sectoral surveillance programmes by categories of products or risks and the monitoring of surveillance activities, findings and results,
- (b) follow-up and updating of scientific and technical knowledge concerning the safety of products,
- (c) the periodical review and assessment of the functioning of the control activities and their effectiveness and, if necessary revision of the surveillance approach and organisation put in place.
Complaints procedures
37. An enforcement authority shall maintain and publish a procedure by which complaints may be submitted by any person on product safety and on surveillance and control activities, which complaints shall be followed up as appropriate.
Co-operation between enforcement authorities
38.—(1) It shall be the duty of an enforcement authority to co-operate with other enforcement authorities in carrying out the functions conferred on them by these Regulations. In particular—
- (a) enforcement authorities shall share their expertise and best practices with each other;
- ↑ (a) 1979 c. 2.
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