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CE Marking Regulations Consultation4th May 2010 The Department for Business, Innovation and Skills has published a consultation on the draft Market Surveillance and CE Marking Regulations, which will set out the requirements for accreditation and market surveillance. The Regulation on Accreditation and Market Surveillance, commonly known as RAMS, is part of the New Legislative Framework and relates to the marketing of products. Part 1 of the draft regulations deals with the general provisions, including the definitions. The second part confers powers on the regulators set out in the Schedule (HSE, HSE NI, MHRA, ORR and the Department of Justice in Northern Ireland) for Enforcement and Recall Notices and also provides for forfeiture and an appeal mechanism. Currently there are gaps and differences in powers to recall, withdraw, restrict, prohibit, destroy or render inoperable business products on the grounds of non-compliance between authorities. The draft regulations confer on the enforcement authorities to issue Enforcement Notices to prohibit or withdrawal of non conforming products and where the person fails to comply, the authority may act on the behalf of that person and may recover reasonable expenses. Failure to comply may also result in a prosecution. Where an enforcement notice has been wrongfully served, the authority may be liable to pay compensation. A Recall Notice may be issued when a product is an infringing product, presents a serious risk and has been made available to the end users. A Forfeiture Order may be issued by the appropriate authority where an infringing product presents a serious risk where it is deemed necessary to destroy or render inoperable. The draft regulations also set out the requirements for an appeal process against Enforcement and Recall Notices and as well as Forfeiture Orders. The third part looks to create a legal gateway with a direct effect for the disclosure of customs information. The gateway will allow a secure flow of information from customs authorities (HMRC/UKBA) to the Market Surveillance authorities (e.g. Local Authorities, HSE etc) so that they can enforce EU legislation (covering products) at the borders of the EU. The information disclosed will allow the appropriate authority to take action on non compliant goods. Customs authorities require that the information sharing gateway is protected by criminal sanctions for the wrongful onward disclosure of information and part 3 sets out a penalty regime, for where information is disclosed in breach of these provisions. The fourth part deals with the protection of CE marking against improper use by the imposition of monetary penalties for misuse. Where an authority has identified a breach of the Regulations on CE marking, the authority is able to serve a written notification of its intention to impose a monetary penalty. If the breach is not adequately satisfied, then a monetary penalty, where the amount is variable but may not exceed £5,000, can be imposed. Subsequent penalties may be imposed for continuing breaches and the authority must take into account whether it is appropriate and proportionate to the breach. The fifth part deals with miscellaneous amendments to General Product Safety Regulations (GPSR) 2005. The powers to recall/withdraw a product in the GPSR differ to the time periods in RAMS, where non-urgent action is required. This part suggests that the time period in the GPSR should be extended from 7 days, to 10 days, to match the requirements within RAMS. The amendments to the Personal Protective Equipment Regulations 2002 and Electromagnetic Compatibility Regulations 2006 are purely to correct minor drafting points. The consultation is now open and is inviting feedback by the 23rd June 2010 on the draft regulations. Respond to: Carol Wheeler (Email: ramsconsultation@bis.gsi.gov.uk Tel: 020 7215 5993 Fax: 020 7215 3013) Address: Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET The consultation on the BIS website:
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