Cap. 591 Art. 6AEnforcement powers.  

(1) Without prejudice to any other law, for the purpose of carrying out market surveillance, investigation and enforcement in accordance with Regulation (EU) 2019/1020 of the European

Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No. 765/2008 and (EU) No. 305/2011 and other European Union legislation, the Authority shall have the powers listed in such Regulation and other European Union legislation, with regard to functions where the Authority has been designated as market surveillance authority, including the power to:

(a) require economic operators to provide relevant documents, technical specifications, data or information on compliance and technical aspects of the product, including access to embedded software in so far as such access is necessary for the purpose of assessing the product’s compliance with applicable European Union harmonisation legislation, in any form or format and irrespective of the medium of storage or the place where such documents, technical specifications, data or information are stored, and to take or obtain copies thereof;

(b) require economic operators to provide relevant information on the supply chain, on the details of the distribution network, on quantities of products on the market and on other product models that have the same technical characteristics as the product in question, where relevant for compliance with the applicable requirements under European Union harmonisation legislation;

(c) require economic operators to provide relevant information required for the purpose of ascertaining the ownership of websites, where the information in question is related to the subject matter of the investigation;

(d) carry out unannounced on-site inspections and physical verifications;

(e) enter any premises, land or means of transport that the economic operator in question used for purposes related to the economic operator’s trade, business, craft or profession, in order to identify non-compliance and to obtain evidence;

(f) start investigations on its own initiative in order to identify non-compliance and ensure that the situation is rectified;

(g) require economic operators to take appropriate action to stop circumstances of non-compliance or to eliminate the risk;

(h) take appropriate measures where an economic operator fails to take appropriate corrective action or where the non-compliance or the risk persists, including by prohibiting or restricting the making available of a product on the market or by ordering that the product is withdrawn or recalled;

(i) impose administrative penalties in accordance with Article 41 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No. 765/2008 and

(EU) No. 305/2011 and according to European Union legislation;

(j) acquire product samples, including under a cover identity, to inspect those samples and reverse engineer them in order to identify non-compliance and to obtain evidence;

(k) where no other effective means are available to eliminate a serious risk:

(i) to require the removal of content referring to the related products from an online interface or require the explicit display of a warning to end users when they access an online interface; or

(ii) where a request according to sub-paragraph (i) has not been complied with, to require information society service providers to restrict access to the online interface, including by requesting a relevant third party to implement such measures; and

(l) use any information, document, finding, statement, or any intelligence as evidence for the purpose of its investigations, irrespective of the format in which and medium on which they are stored.

(2) For the purposes of this article, "economic operator" shall have the same meaning assigned to it in Regulation (EU) 2019/ 1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No. 765/2008 and (EU) No. 305/2011.