S.L. 454.1 Art. 10Withdrawal of pattern approval.

(1) When the EEC pattern approval has been granted, the

Authority may withdraw it:

(a) if instruments for which this approval was granted do not conform to the approved pattern or to the provisions of the relevant separate regulations;

(b) if the metrological requirements specified in the certificate of approval or the provisions of regulation 8(4) are not met;

(c) if it ascertains that approval was granted in an improper manner.

(2) When the EEC pattern approval has been granted, the Authority must withdraw it if the instruments constructed according to an approved pattern reveal in service a defect of a general nature which makes them unsuitable for their intended use.

(3) If the Authority is informed of the occurrence of one of the cases covered by subregulations (1) and (2), it shall likewise take the measures provided for in those subregulations.

(4) (a) If the Authority declares in writing that the case referred to in subregulation (2) has arisen it may forbid the placing on the market and putting into service of the instruments concerned until further notice. The Authority shall give the reasons underlying its decision in its declaration. The same procedure shall apply in the cases mentioned in subregulation (1) with respect to instruments which have been exempted from EEC initial verification, if the manufacturer, after due warning, does not bring the instruments into line with the approved pattern or with the requirements of the relevant separate regulations.

(b) If the Authority declares that the case referred to in subregulation (2) has arisen, it may forbid the placing on the market and putting into service of the instruments concerned until further notice. It shall immediately inform the other interested parties, stating the reasons on which its decision is based. The same procedure shall apply in the cases mentioned in subregulation (1), with respect to instruments which have been exempted from EEC initial verification, if the manufacturer, after due warning, does not bring the instruments into line with the approved pattern or with the requirements of the relevant separate regulations.

(c) If the body which granted the approval disputes that the case referred to in subregulation (2) of which it has been informed has arisen, or disputes that the measures taken in pursuance of subregulation (4) are justified, the body concerned and the Authority shall endeavour to settle the dispute.