PART 3Interoperability Constituents

Notification to the F1European Commission of incorrect declaration29

1

Where it appears to the Safety Authority that an interoperability constituent in relation to which an EC declaration of conformity or suitability for use has been drawn up fails to meet the essential requirements relating to it, it F3may give notice of that fact in writing to the F4European Commission and EU Member States.

2

That notice F5may specify—

a

whether the failure to comply was due to the inadequacy of a TSI; and

b

if it was not—

i

the steps taken to prohibit or restrict the use of that interoperability constituent or withdraw or recall the interoperability constituent;

ii

the reasons for taking those steps; and

iii

any measures taken against a person who drew up the declaration.

F23

This regulation does not apply in relation to the Channel Tunnel system.