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Regulation (EC) No 765/2008 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (Text with EEA relevance)
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There are outstanding changes not yet made to Regulation (EC) No 765/2008 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 18:
- Regulation applied (with modifications) by S.I. 2023/959 reg. 4(a) Sch. 1
- Title replacement by EUR 2019/1020 Regulation
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Ch. 3 Art. 27 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 23 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 16 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 29 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 19 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 17 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 22 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 21 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 15 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 24 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 28 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 26 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 20 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 18 repeal by EUR 2019/1020 Regulation
- Ch. 3 Art. 25 repeal by EUR 2019/1020 Regulation
- Art. 2(1) words substituted by S.I. 2019/696 Sch. 33 para. 3(c)(i) (This amendment not applied to legislation.gov.uk. Sch. 33 para. 3(c)(i) substituted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 22(3)(a))
- Art. 2(2) words substituted by S.I. 2019/696 Sch. 33 para. 3(d)(i) (This amendment not applied to legislation.gov.uk. Sch. 33 para. 3(d)(i) substituted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 22(3)(b))
- Art. 2(4) substituted by S.I. 2019/696 Sch. 33 para. 3(e) (This amendment not applied to legislation.gov.uk. Sch. 33 para. 3(e) omitted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 3)
- Art. 2(4) words substituted in earlier amending provision S.I. 2019/696, Sch. 33 para. 3(e) by S.I. 2020/852 reg. 4(2) Sch. 1 para. 1(s)(i) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 1(s)(i) omitted immediately before it comes into force by virtue of S.I. 2020/1460, regs. 1(3), Sch. 4 para. 1(3))
Article 18U.K.Obligations F1... as regards organisation
F21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.[F3The Secretary of State must] establish adequate procedures in order to:
(a)follow up complaints or reports on issues relating to risks arising in connection with products subject to [F4any relevant enactment];
(b)monitor accidents and harm to health which are suspected to have been caused by those products;
(c)verify that corrective action has been taken; and
(d)follow up scientific and technical knowledge concerning safety issues.
[F53.The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate to ensure that market surveillance authorities have the powers necessary for the proper performance of their duties.
The Secretary of State must entrust market surveillance authorities with the resources and knowledge necessary for the proper performance of their duties.
Regulations made under this paragraph must be made by statutory instrument.
A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]
[F64.Market surveillance authorities must exercise their powers proportionately.]
[F75.The Secretary of State must establish, implement and periodically update the United Kingdom's market surveillance programme setting out the principles as to how market surveillance is to be organised and covering the sectors in which market surveillance is conducted in the United Kingdom. The Secretary of State must make this programme available to the public by way of electronic communication and, where appropriate, by other means.]
6.[F8The Secretary of State] [F9must] periodically review and assess the functioning of F10... surveillance activities [F11by market surveillance authorities]. Such reviews and assessments [F9must] be carried out at least every fourth year and the results thereof [F9must] F12... be made available to the public, by way of electronic communication and, where appropriate, by other means.
Textual Amendments
F1Words in Art. 18 heading omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 18(1) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 18(2) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 18(2)(a) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 18(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(d); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 18(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(e); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 18(5) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(f); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 18(6) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in Art. 18(6) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in Art. 18(6) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 18(6) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(g)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 18(6) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 33 para. 18(g)(v); 2020 c. 1, Sch. 5 para. 1(1)
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