S.L. 427.41 Art. 36Procedure at national level for dealing with radio equipment presenting a risk or otherwise in compliance with essential requirements.

(1) (a) Where the MSD have sufficient reason to believe that radio equipment covered by these regulations presents a risk to the health or safety of persons or to other aspects of public interest protection covered by these regulations, or that it does not comply with at least one of the applicable essential requirements set out in regulation 4, it shall carry out an evaluation in relation to the radio equipment concerned covering all relevant requirements laid down in these regulations. The relevant economic operators shall cooperate as necessary with the MSD for that purpose.

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

(c) The MSD shall inform the relevant notified body accordingly.

(d) Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in paragraph (b).

(2) Deleted by Legal Notice 202 of 2025.

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

(4) (a) Where the relevant economic operator does not take adequate corrective action within the period referred to in sub-regulation (1)(b), the MSD shall take all appropriate provisional measures to prohibit or restrict the radio equipment being made available on the national market, to withdraw the radio equipment from that market or to recall it.

(b) Deleted by Legal Notice 202 of 2025.

(5) The information referred to in sub-regulation 4(b) shall include all available details, in particular the data necessary for the identification of the non-compliant radio equipment, the origin of the radio 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 radio equipment to meet the requirements relating to aspects of public interest protection covered by these regulations; or

(b) shortcomings in the harmonised standards referred to in regulation 16 conferring a presumption of conformity. (6) Deleted by Legal Notice 202 of 2025.

(7) Where, within three months of receipt of the information referred to in sub-regulation (4)(b), no objection has been raised by either a Member State or the European Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

(8) The TRD in such instances shall ensure that appropriate restrictive measures, such as withdrawal of the radio equipment from the market, are taken in respect of the radio equipment concerned without delay.