S.I. No. 136/2018 - European Union (Personal Protective Equipment) Regulations 2018

1. PPE (product, type, batch or serial number)

2. Name and address of the manufacturer and, where applicable, his authorised representative

3. This declaration of conformity is issued under the sole responsibility of the manufacturer

4. Object of the declaration (identification of PPE allowing traceability; where necessary for the identification of the PPE, a colour image of sufficient clarity may be included)

5. The object of the declaration described in point 4 is in conformity with the relevant Union harmonisation legislation: …

6. References to the relevant harmonised standards used, including the date of the standard, or references to the other technical specifications, including the date of the specification, in relation to which conformity is declared

7. Where applicable, the notified body … (name, number) … performed the EU type-examination (Module B) and issued the EU type-examination certificate … (reference to that certificate).

8. Where applicable, the PPE is subject to the conformity assessment procedure … (either conformity to type based on internal production control plus supervised product checks at random intervals (Module C2) or conformity to type based on quality assurance of the production process (Module D)) … under surveillance of the notified body … (name, number).

9. Additional information

Signed for and on behalf of: …

(place and date of issue)

(name, function) (signature)

Regulation 2

SCHEDULE 10

Text of Annex X to the PPE Regulation

CORRELATION TABLE

Directive 89/686/EEC

This Regulation

Article 1(1)

Articles 1 and 2(1)

Article 1(2) and (3)

Article 3 point (1)

Article 1(4)

Article 2(2)

Article 2(1)

Article 4

Article 2(2)

Article 6

Article 2(3)

Article 7(2)

Article 3

Article 5

Article 4(1)

Article 7(1)

Article 4(2)

—

Article 5(1), (4), (5)

—

Article 5(2)

Article 14

Article 6

Article 44

Article 7

Articles 37-41

Article 8(1)

Article 8(2) first subparagraph

Article 8(2)-(4)

Articles 18 and 19 and Annex I

Article 9

Articles 20, 24(1), 25, and 30(1)

Article 10

Annex V

Article 11(A)

Annex VII

Article 11(B)

Annex VIII

Article 12(1)

Article 15

Articles 12(2) and 13

Articles 16 and 17

Article 14

—

Article 15

—

Article 16(1) first subparagraph and (2)

—

Article 16(1) second subparagraph

Article 48(2)

Annex I

Article 2(2)

Annex II

Annex II

Annex III

Annex III

Annex IV

Article 16

Annex V

Article 24(2)-(11)

Annex VI

Annex IX

Given under my Official Seal

19 April 2018.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations transpose into national legislation the provisions of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC. These Regulations also set out the obligations on economic operators in relation to these products and the required conformity assessment procedures for PPE. These Regulations also give further effect to 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 and include duties to have proper market surveillance procedures consistent with EU Regulation 765/2008.

The Regulations provide that the making available on the market of PPE in conformity with Directive 89/686/EEC continues to be lawful up to 21 April 2019.

The Regulations revoke and replace the European Communities (Personal Protective Equipment) Regulations, 1993 (

S.I. No. 272 of 1993

), the European Communities (Personal Protective Equipment) (Amendment) Regulations, 1994. (

S.I. No. 13 of 1994

), the European Communities (Personal Protective Equipment) (CE Marking) Regulations, 1994 (

S.I. No. 457 of 1994

) and the European Communities (Personal Protective Equipment) (Amendment) Regulations, 1997 (

S.I. No. 81 of 1997

) cited together as the European Communities (Personal Protective Equipment) Regulations 1993 to 1997, from 21 April 2018.

1 OJ No. L 81. 31.3.2016. p.51

2 OJ No. L 218, 13.8.2008, p. 30.

3 OJ No. L399, 30.12.1989, p. 18

4 OJ No. L 316, 14.11.2012, p. 12.

5 OJ L 42, 15.2.2003, p. 38.

6It is optional for the manufacturer to assign a number to the declaration of conformity

10. The manufacturers authorised representative may lodge the application referred to in point 3 and fulfil the obligations set out in points 7.2, 7.4 and 9, provided that they are specified in the mandate.

Regulations 14 and 15

SCHEDULE 6

Text of Annex VI to the PPE Regulation

CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL

(Module C)

11. (1) An economic operator (in this Regulation “first named economic operator”) shall, on request, identify the following to a market surveillance authority

(

a

) any economic operator who has supplied the first named economic operator with PPE;

(

b

) any economic operator to whom the first named economic operator has supplied PPE.

(2) The first named economic operator shall be able to present the information referred to in paragraph (1) for 10 years after the first named economic operator has been supplied with or has supplied the PPE referred to in that paragraph.

PART 3

Conformity of PPE

Presumption of conformity on basis of harmonised standards

12. Without prejudice to the powers of the State under Articles 38 and 40 of the PPE Regulation, PPE which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal, shall be presumed to be in conformity with the essential health and safety requirements set out in Annex II to the PPE Regulation, or parts thereof.

Risk categories of PPE

13. PPE shall be classified according to the risk categories set out and entitled Category I, Category II and Category III in Annex I to the PPE Regulation, the text of which is set out in Schedule 1 to these Regulations.

Conformity assessment procedures

14. (1) The procedures to be followed for conformity assessment of Category I PPE, Category II PPE and Category III PPE are

(

a

) Category I: internal production control (module A) set out in Annex IV to the PPE Regulation, the text of which is set out in Schedule 4 to these Regulations;

(

b

) Category II: EU type-examination (module B) set out in Annex V to the PPE Regulation, the text of which is set out in Schedule 5 to these Regulations, followed by conformity to type based on internal production control (module C) set out in Annex VI to the PPE Regulation, the text of which is set out in Schedule 6 to these Regulations;

(

c

) Category III: Subject to paragraph (2), EU type-examination (module B) set out in Annex V to the PPE Regulation and either of the following

(i) conformity to type based on internal production control plus supervised product checks at random intervals (module C2) set out in Annex VII to the PPE Regulation, the text of which is set out in Schedule 7 to these Regulations;

(ii) conformity to type based on quality assurance of the production process (module D) set out in Annex VIII to the PPE Regulation, the text of which is set out in Schedule 8 to these Regulations.

(2) Where PPE is produced as a single unit to fit an individual user and classified according to Category III, the procedure referred to in paragraph (1)(

b

) may be followed.

EU declaration of conformity

15. (1) An EU declaration of conformity for PPE shall—

(

a

) state that the fulfilment of the applicable essential health and safety requirements set out in Annex II to the PPE Regulation has been demonstrated,

(

b

) have the model structure set out in Annex IX to the PPE Regulation, the text of which is set out in Schedule 9 to these Regulations,

(

c

) contain the elements specified in the relevant modules set out in Annexes IV, VI, VII and VIII to the PPE Regulation,

(

d

) be continuously updated,

and

(

e

) be translated into the language or languages required by the Member State in which the PPE is placed on the market or made available on the market.

(2) Where PPE is subject to more than one European Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such European Union acts and that declaration shall contain the identification of the European Union acts concerned, including their publication references.

(3) By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the PPE with the requirements laid down in the PPE Regulation and these Regulations.

General principles of CE marking

16. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No. 765/2008.

Rules and conditions for affixing CE marking and other markings

17. (1) Subject to paragraph (2), before PPE is placed on the market, the CE marking shall be affixed visibly, legibly and indelibly to the PPE.

(2) Where it is not possible or not warranted on account of the nature of the PPE to affix the CE marking in accordance with paragraph (1), before the PPE is placed on the market, the CE marking shall be affixed to—

(

a

) the PPE packaging, and

(

b

) the documents accompanying the PPE.

(3) For PPE falling within Category III of Annex I to the PPE Regulation, the CE marking shall be followed by the identification number of the notified body involved in the procedure set out in Annex VII or VIII to the PPE Regulation which identification number shall be affixed—

(

a

) by the notified body itself, or

(

b

) in accordance with the instructions of the notified body, by the manufacturer or his or her authorised representative.

(4) The CE marking and, where applicable, the identification number of the notified body may be followed by a pictogram or other marking indicating the risk against which the PPE is intended to protect.

(5) A person shall not affix a CE marking unless—

(

a

) the PPE to which it relates conforms with the PPE Regulation and these Regulations, and

(

b

) the CE marking is affixed in accordance with the PPE Regulation and these Regulations.

PART 4

Notification of Conformity Assessment Bodies

Notified bodies

18. (1) The notifying authority shall notify the European Commission and all other Member States of the conformity assessment bodies authorised under the PPE Regulation and these Regulations to carry out third party conformity assessment tasks.

(2) A conformity assessment body shall be a notified body when the following conditions are satisfied

(

a

) the body has been notified to the European Commission and all other Member States as being a conformity assessment body authorised in terms of paragraph (1); and

(

b

) no objections have been raised by the European Commission or other Member States within the time periods set down under Article 28(5) of the PPE Regulation to the notification referred to in paragraph (1).

Applications for notification by conformity assessment bodies

19. (1) A conformity assessment body seeking to become a notified body shall—

(

a

) submit to the notifying authority an application, which application shall be in accordance with Article 27 of the PPE Regulation and shall be accompanied by the appropriate fee as may be prescribed by the notifying authority, and

(

b

) meet the requirements set down in paragraphs 2 to 11 of Article 24 of the PPE Regulation.

(2) Without prejudice to paragraph (1), where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal, it shall be presumed to comply with the requirements set down in Article 24 of the PPE Regulation insofar as the applicable harmonised standards cover those requirements.

Notification of conformity assessment bodies

20. (1) A notification made by the notifying authority under Regulation 18(1) shall be made in accordance with the notification procedure set down in Article 28(2), (3) and (4) of the PPE Regulation.

(2) The notifying authority shall not notify the European Commission and all Member States that a conformity assessment body is authorised in terms of Regulation 18(1) unless the body has satisfied Regulation 19(1).

Changes to notification

21. (1) The notifying authority shall notify the European Commission and the other Member States of any subsequent relevant changes to the notification made under Regulation 18(1).

(2) Where the notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 24 of the PPE Regulation, or that it is failing to fulfil its obligations under Article 32 or 34 of the PPE Regulation or under these Regulations, the authority shall restrict, suspend or revoke the notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations, and shall immediately inform the European Commission and all other Member States accordingly.

(3) In the event of restriction, suspension or revocation of notification, or where the notified body has ceased its activity, the notifying authority shall take appropriate steps to ensure that the files of that notified body are either processed by another body considered to be a notified body for the purposes of the PPE Regulation or kept available for the notifying authority of the State and market surveillance authorities of all the Member States at their request.

(4) The notifying authority shall inform the notified body concerned of its decision to take the measure referred to in paragraph (2) and allow that body an opportunity to make representations to it within 7 days of being so informed.

(5) The notifying authority shall establish a panel (in this Regulation “appeal panel”) for the purpose of considering appeals under this Regulation and the following shall apply

(

a

) Subject to subparagraph (

b

), an appeal panel shall consist of at least 3 but not more than 5 persons appointed by the notifying authority, one of whom shall be designated by the notifying authority to be chairperson of the panel;

(

b

) where an appeal is taken against a decision of the notifying authority under this Regulation, an appeal panel shall not consist of any person who made the decision or was involved in the decision;

(

c

) an appeal panel shall establish its own procedure.

(6) The notifying authority may establish more than one appeal panel to consider one or more appeals.

(7) Where the notifying authority decides to restrict, suspend or revoke a notification pertaining to a notified body, the notified body may, within 14 days beginning on the day of being informed of the decision, appeal the decision to an appeal panel and in determining the appeal, the appeal panel may, if it considers it appropriate to do so, confirm the decision, vary it or allow the appeal and shall notify the appellant of its decision.

(8) Where an appeal is brought under paragraph (7), the appellant may apply for implementation of the decision the subject of the appeal to be suspended pending the outcome of the appeal and the appeal panel may grant this application if it sees fit.

(9) Where a decision is made under paragraph (7), any person aggrieved may, within 14 days beginning on the day on which the decision is made, appeal against the decision to a judge of the District Court in the District Court district in which the notified body ordinarily resides and in determining the appeal the judge may, if he or she considers it appropriate to do so, confirm the decision of the appeal panel, vary it or allow the appeal.

(10) Where an appeal is brought under paragraph (9), the appellant may apply to the District Court for implementation of the decision the subject of the appeal to be suspended pending the outcome of the appeal and the District Court may grant this application if it sees fit.

(11) A decision under paragraph (9) shall be final, save that, on successful application to the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(12) An application referred to in paragraph (11) does not affect the decision of the District Court.

(13) All expenses reasonably incurred by the notifying authority in relation to an appeal, whether before an appeal panel, the District Court or the High Court, shall be borne by the appellant where the appeal panel or the court confirms or varies the decision of the notifying authority.

(14) The notifying authority may recover any expenses referred to in paragraph (13) as a simple contract debt in a court of competent jurisdiction.

Subsidiaries of, and subcontracting by, notified bodies

22. Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that such subcontractor or subidiary complies with Article 26 of the PPE Regulation.

Operational obligations of notified bodies

23. (1) Subject to paragraph (2), a notified body shall—

(

a

) carry out conformity assessments in accordance with the conformity assessment procedures provided for in Annexes V, VII and VIII to the PPE Regulation,

(

b

) ensure that conformity assessments are carried out in a proportionate manner, avoiding unnecessary burdens for economic operators,

(

c

) perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of applicable PPE technology and the mass or serial nature of the production process,

(

d

) in a case where it finds that the essential health and safety requirements set out in Annex II to the PPE Regulation or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, require the manufacturer to take appropriate corrective measures and refrain from issuing a certificate or approval decision,

(

e

) in a case where, in the course of the monitoring of conformity following the issue of a certificate or an approval decision, the notified body finds that PPE no longer complies, require the manufacturer to take appropriate corrective measures and suspend or revoke the certificate or the approval decision if necessary,

(

f

) in a case where corrective measures under paragraph (

e

) are not taken by the manufacturer or do not have the required effect, restrict, suspend or revoke any certificate or approval decision, as appropriate,

(

g

) inform the manufacturer referred to in subparagraph (

f

) of the decision to take the measure referred to in subparagraph (

f

),

and

(

h

) participate in the sectoral group of notified bodies established in accordance with Article 36 of the PPE Regulation.

(2) In carrying out its functions under subparagraphs (

b

) and (

c

) of paragraph (1), a notified body shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the PPE with the PPE Regulation and these Regulations.

Appeals against decisions of notified bodies

24. (1) The notifying authority shall establish a panel (in this Regulation “appeal panel”) for the purpose of considering appeals against restrictions, suspensions or revocations rendered by notified bodies under Regulation 23 and the following shall apply

(

a

) subject to subparagraph (

b

), an appeal panel shall consist of at least 3 but not more than 5 persons appointed by the notifying authority, one of whom shall be designated by the notifying authority to be chairperson of the panel;

(

b

) where an appeal is taken against a decision of a notified body to take a measure referred to in subparagraph (

f

) of Regulation 23(1), an appeal panel shall not consist of any person who decided or was involved in the decision;

(

c

) an appeal panel shall establish its own procedure.

(2) The notifying authority may establish more than one appeal panel to consider one or more appeals.

(3) Where a notified body decides to take a measure referred to in subparagraph (

f

) of Regulation 23(1), the manufacturer affected by the decision may, within 14 days beginning on the day of being informed of the decision, appeal the decision to an appeal panel and in determining the appeal, the appeal panel may, if it considers it appropriate to do so, confirm the decision, vary it or allow the appeal and shall notify the appellant of its decision.

(4) Where an appeal is brought under paragraph (3), the appellant may apply for implementation of the decision the subject of the appeal to be suspended pending the outcome of the appeal and the appeal panel may grant this application if it sees fit.

(5) Where a decision is made under paragraph (3), any person aggrieved may, within 14 days beginning on the day on which the decision is made, appeal against the decision to a judge of the District Court in the District Court district in which the manufacturer ordinarily resides and in determining the appeal the judge may, if he or she considers it appropriate to do so, confirm the decision of the appeal panel, vary it or allow the appeal.

(6) Where an appeal is brought under paragraph (5), the appellant may apply to the District Court for implementation of the decision the subject of an appeal to be suspended pending the outcome of the appeal and the District Court may grant this application if it sees fit.

(7) A decision under paragraph (5) shall be final, save that, on successful application to the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(8) An application referred to in paragraph (7) does not affect the decision of the District Court.

Information obligation on notified bodies

25. A notified body shall—

(

a

) inform the notifying authority of the matters referred to in Article 34(1) of the PPE Regulation, and

(

b

) provide the other bodies notified under the PPE Regulation carrying out similar conformity assessment activities covering the same kinds of PPE with relevant information on issues relating to negative and, on request, positive conformity assessment results.

PART 5

Market Surveillance and Safeguard Procedure

Market surveillance authority

26. A market surveillance authority shall organise and carry out market surveillance on PPE and carry out its duties relating to market surveillance in accordance with Articles 15(3) and 16 to 29 of Regulation (EC) No. 765/2008.

Procedure for dealing with PPE presenting a risk at national level

27. (1) Where a market surveillance authority has sufficient reason to believe that PPE presents a risk to the health or safety of persons, it shall carry out an evaluation in relation to the PPE covering all relevant requirements laid down in the PPE Regulation and these Regulations.

(2) The economic operator relating to the PPE referred to in paragraph (1) (in this Part “relevant economic operator”) shall co-operate as necessary with the market surveillance authority in carrying out an evaluation under paragraph (1).

(3) Where, in the course of an evaluation referred to in paragraph (1), the market surveillance authority finds that the PPE does not comply with the requirements laid down in the PPE Regulation or these Regulations, it shall—

(

a

) without delay require the relevant economic operator to take all appropriate corrective action to bring the PPE into compliance with those requirements, to withdraw the PPE from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as the authority prescribes, and

(

b

) where applicable, inform the notified body that carried out the conformity assessment procedure on the PPE of the non-conformity of the PPE with the PPE Regulation or these Regulations or both and measures taken under subparagraph (

a

).

(4) Article 21 of Regulation (EC) No. 765/2008 shall apply to any measure referred to in paragraph 3(

a

) of this Regulation.

(5) Where the market surveillance authority considers that non-compliance referred to in paragraph (3) is not restricted to the State, it shall inform the European Commission and all other Member States of the results of the evaluation and of the actions which it has required the relevant economic operator to take.

(6) The relevant economic operator shall ensure that all appropriate corrective action is taken in respect of all the PPE that it has placed on the market or made available on the market.

(7) Where the relevant economic operator does not take adequate corrective action within the period referred to in paragraph (3)(

a

), the market surveillance authority shall, without delay, take all appropriate provisional measures to prohibit or restrict the PPE from being made available on the market of the State, to withdraw the PPE from that market or to recall it.

(8) The market surveillance authority shall inform the European Commission and all other Member States, without delay, of any measures taken under paragraph (7) and shall—

(

a

) include all available details, in particular the data necessary for the identification of the non-compliant PPE, the origin of the PPE, the nature of the non-compliance alleged and the risk involved, the nature and duration of the measures taken by the State and the arguments put forward by the relevant economic operator, and

(

b

) in particular, indicate whether the non-compliance is due to either—

(i) the failure of the PPE to meet requirements relating to health or safety of persons, or

(ii) shortcomings in the harmonised standards referred to in Article 14 of the PPE Regulation conferring a presumption of conformity.

(9) Where another Member State has initiated the procedure under Article 38 of the PPE Regulation, a competent national authority of the State shall, without delay, inform the European Commission and all other Member States—

(

a

) of any measures adopted and of any additional information at its disposal relating to the non-compliance of the PPE the subject matter of the procedure, and

(

b

) in the event it disagrees with the adopted measure of the first-mentioned Member State, of its objections.

(10) Where, within three months of receipt of the information referred to in paragraph (8) by the European Commission and all other Member States, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a competent national authority of the State under paragraph (7), the measure shall be deemed to be justified.

Safeguard procedure

28. (1) Where the European Commission adopts an implementing act in accordance with Article 39 of the PPE Regulation determining that a measure taken by a competent national authority of the State under Article 38 of the PPE Regulation or Regulation 27 of these Regulations is justified, the market surveillance authority shall ensure that the non-compliant PPE is withdrawn from the market of the State and inform the European Commission that the PPE has been so withdrawn.

(2) Where the European Commission adopts an implementing act in accordance with Article 39 of the PPE Regulation determining that a measure taken by a competent national authority of the State under Article 38 of the PPE Regulation or Regulation 27 of these Regulations is unjustified, that competent national authority shall withdraw that measure.

Compliant PPE which presents a risk

29. (1) Where, having carried out an evaluation under Regulation 27, a competent national authority of the State finds that, although the PPE is in compliance with the PPE Regulation and these Regulations, it presents a risk to the health or safety of persons, the competent national authority shall—

(

a

) require the relevant economic operator to take all appropriate measures to ensure that the PPE, when placed on the market, no longer presents that risk, to withdraw the PPE from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as the authority may prescribe, and

(

b

) immediately inform the European Commission and all other Member States that, although the PPE is in compliance with the PPE Regulation and these Regulations, it presents a risk to the health or safety of persons and include all available details, in particular—

(i) the data necessary for the identification of the PPE,

(ii) the origin and the supply chain of the PPE,

(iii) the nature of the risk involved, and

(iv) the nature and the duration of the national measures taken.

(2) The relevant economic operator shall ensure that the corrective action required under paragraph (1) is taken in respect of all the PPE that the relevant economic operator has made available on the market.

PART 6

Powers of Market Surveillance Authority

General

30. A market surveillance authority may appoint in writing such and so many persons as it thinks fit to be Authorised Officers for the purposes of enforcement of the provisions of the PPE Regulation and these Regulations.

Authorised Officer

31. (1) An Authorised Officer shall be a person—

(

a

) appointed as an Authorised Officer pursuant to section 35 of the Act of 2014, or

(

b

) appointed under section 33 or 62 of the Act of 2005.

(2) An Authorised Officer shall, when exercising any power conferred on him or her by the PPE Regulation or these Regulations, if requested to do so by any person affected, produce the warrant of appointment, or a copy of it, furnished to him or her under section 35 of the Act of 2014 or the certificate of authorisation, or a copy of it, furnished to him or her under section 62(2) of the Act of 2005, together with a form of personal identification.

Powers of Authorised Officer

32. (1) Without prejudice to any power or powers under any other provision of these Regulations, an Authorised Officer shall, for the purposes of enforcement of the provisions of the PPE Regulation and these Regulations, have the power to do one or more of the following

(

a

) subject to paragraphs (3) and (5), at any time enter without warrant—

(i) any place of business of an economic operator, or

(ii) any other place where entry of the place is necessary to ensure that the objectives of the PPE Regulation and these Regulations are achieved;

(

b

) make inquiries in respect of, search, examine or inspect, as appropriate—

(i) any place, or any part of any place, referred to in subparagraph (

a

),

(ii) any activity, process, procedure, matter or thing at, or carried on at, a place referred to at subparagraph (

a

),

(iii) any PPE or any record relating to such PPE to ascertain whether the PPE Regulation or these Regulations have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she considers necessary;

(

c

) require that a place referred to in subparagraph (

a

) and its contents remain undisturbed for as long as is reasonably necessary for the purposes of any inquiry, search, examination, investigation or inspection under the PPE Regulation or these Regulations;

(

d

) require any person in charge of, employed at or other relevant person at, a place referred to in subparagraph (

a

) to—

(i) produce to the Authorised Officer any PPE or partly completed PPE in possession or under the control of the person,

(ii) produce to the Authorised Officer any books, documents or records, and where such books, documents or records are kept in a non-legible form, reproduce them in a legible form, and

(iii) give to the Authorised Officer such information as the Authorised Officer may reasonably require in relation to any entries in the books, documents and records referred to in subparagraph (

d

)(ii);

(

e

) inspect and take copies of or extracts from any books, documents or records or any electronic information system at a place referred to in subparagraph (

a

), including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form, or require that such copies or extracts be provided;

(

f

) require a person in charge of, employed at or other relevant person at, a place referred to in subparagraph (

a

) by whom or on whose behalf a computer is or has been used to produce or store records or require any other person having control of, or otherwise concerned with, the operation of the computer, to afford the Authorised Officer access to the records on that computer and all reasonable assistance as the Authorised Officer may require in respect of accessing such records;

(

g

) remove from a place referred to in subparagraph (

a

) and detain any books, documents or records (including any information stored in a non-legible form) and any copies taken of such books, documents or records for such period as the Authorised Officer reasonably considers necessary for further examination or until the conclusion of any legal proceedings to which they relate;

(

h

) require that any books, documents or records at a place referred to in subparagraph (

a

) be maintained for such period as may be reasonable;

(

i

) require the person in charge of, employed at or other relevant person at, a place referred to in subparagraph (

a

) to give the Authorised Officer such information as the Authorised Officer may reasonably require for the purposes of any inquiry, search, examination, investigation or inspection under the PPE Regulation or these Regulations;

(

j

) require the person in charge of, employed at or other relevant person at, a place referred to in subparagraph (

a

) to give the Authorised Officer such assistance and facilities within the person’s power or control as are reasonably necessary to enable the Authorised Officer to exercise any of his or her powers under these Regulations;

(

k

) require any person (whether such person is at a place referred to in subparagraph (

a

) or otherwise) to produce to the Authorised Officer any records that the Authorised Officer may reasonably require that are under power or control of that person;

(

l

) examine any person (whether such person is at a place referred to in subparagraph (

a

) or otherwise) whom the Authorised Officer reasonably believes to be able to give to the Authorised Officer information relevant to any inquiry, search, examination, investigation or inspection under the PPE Regulation or these Regulations and require the person to answer such questions as the Authorised Officer may ask relevant to the inquiry, search, examination, investigation or inspection and to sign a declaration of the truth of the answers;

(

m

) require that any procedure be followed for the purposes of any inquiry, search, examination, investigation or inspection under the PPE Regulation or these Regulations;

(

n

) take any measurements or photographs or make any tape, electrical or other recordings that the Authorised Officer considers necessary for the purposes of any inquiry, search, examination, investigation or inspection under the PPE Regulation or these Regulations;

(

o

) take samples of air, soil, water or waste at or near a place referred to in subparagraph (

a

);

(

p

) where appropriate, install, use and maintain at a place referred to in subparagraph (

a

) monitoring instruments, systems and seals for the purposes of the PPE Regulation or these Regulations;

(

q

) cause any PPE found at any place in respect of which there has been or there appears to the Authorised Officer to have been a contravention of the PPE Regulation or these Regulations to be subjected, at the place it is found or any other location, to any testing, examination or analysis (but not so as to damage or destroy it unless this is necessary for the purposes of the PPE Regulation or these Regulations) and where an Authorised Officer proposes to exercise the power conferred by this subparagraph and if so requested by the person in charge, cause anything that is to be done by virtue of this subparagraph to be done in the presence of the person in charge save that the person in charge is responsible for his or her own costs in attending at the exercise of any power under this subparagraph and cannot unreasonably delay the Authorised Officer in the exercise of those powers;

(

r

) For the purposes of exercising a power under paragraph (

q

)—

(i) require the person in charge to supply to the Authorised Officer without charge any PPE or samples thereof, and

(ii) where necessary, remove, or have removed, to another location, any PPE or samples thereof;

(

s

) remove and retain for such period as is necessary any PPE found at a place for one or more of the following purposes

(i) to examine or arrange for the examination, testing or analysis of the PPE in accordance with paragraph (

q

);

(ii) to ensure that the PPE is not tampered with before the examination, testing or analysis of it under subparagraph (

s

)(i) is completed;

(iii) to ensure that the PPE is available for use as evidence in any proceedings.

(2) Where PPE is found at a place referred to in paragraph (1)(

q

), and an inquiry is made by an Authorised Officer in the course of a search, examination, investigation or inspection as to the identity of the person who supplied the PPE, the person in charge shall give the Authorised Officer the name and address of the supplier from whom the PPE was purchased or otherwise obtained.

(3) An Authorised Officer shall not enter a private dwelling other than—

(

a

) with the consent of the occupier, or

(

b

) in accordance with a warrant of the District Court issued under paragraph (6) authorising such entry.

(4) The market surveillance authority may authorise such and so many other persons as it considers appropriate to accompany an Authorised Officer in the performance of his or her functions.

(5) Where an Authorised Officer is prevented from entering a place referred to in paragraph (1)(

a

), or in any other case where the Authorised Officer reasonably believes that entry to such a place will be prevented, the Authorised Officer may apply to a judge of the District Court in whose District Court district the place is situated for a warrant authorising entry of such place.

(6) Where an application is made under paragraph (5), if a judge of the District Court is satisfied by information on oath of an Authorised Officer that there are reasonable grounds for believing that—

(

a

) there is at any place any PPE or any books, documents, records or information (including information stored in a non-legible form) relating to a place or to PPE that the Authorised Officer requires to inspect for the purposes of the PPE Regulation or these Regulations, or

(

b

) there is, or is likely to be, at a place referred to in subparagraph (

a

) evidence of a contravention of the PPE Regulation or these Regulations,

the judge may issue a warrant authorising an Authorised Officer, accompanied by such other Authorised Officers or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place specified in the warrant, if necessary by the use of reasonable force, and perform the functions conferred on an Authorised Officer by these Regulations.

(7) Where an Authorised Officer has reasonable grounds for apprehending any serious obstruction in the performance of any of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member or members of the Garda Síochána and by any other person or persons authorised by a market surveillance authority, when performing any functions conferred on him or her by or under the PPE Regulation or these Regulations.

(8) Where an Authorised Officer, upon reasonable grounds, believes that a person has committed an offence under the PPE Regulation or these Regulations he or she may require the person to provide him or her with the person’s name and the address at which that person ordinarily resides.

(9) A statement or admission made by a person pursuant to a requirement under paragraph (1)(i) or (

l

) shall not be admissible in proceedings brought against that person for any offence other than an offence under Regulation 44(4) relating to a breach of, or failure to comply with, any obligation in the said paragraph (1)(i) or (

l

).

(10) In this Regulation, reference to PPE shall be deemed to include PPE components and constituent materials.

Direction to end non-compliance

33. Where an Authorised Officer finds that an economic operator has not complied with the PPE Regulation or these Regulations in one or more of the following ways, he or she may serve a direction on that person to put an end to the non-compliance within a specified period of time

(

a

) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No. 765/2008 or of Article 17 of the PPE Regulation or of Regulation 17 of these Regulations;

(

b

) the CE marking has not been affixed;

(

c

) the identification number of the notified body involved in the production control phase has been affixed in violation of Article 17 of the PPE Regulation or Regulation 17 of these Regulations or, where required by that Article or Regulation to be affixed, has not been affixed;

(

d

) the EU declaration of conformity has not been drawn up;

(

e

) the EU declaration of conformity has not been drawn up correctly;

(

f

) the technical documentation is either not available or not complete;

(

g

) the information referred to in Article 8(6) or 10(3) of the PPE Regulation or Regulation 6(

i

) or 8(2)(

c

) of these Regulations is absent, false or incomplete;

(

h

) any other administrative requirement provided for in Article 8 or 10 of the PPE Regulation or Regulation 6 or 8 of these Regulations is not fulfilled;

(

i

) there is non-compliance with any other requirement under the PPE Regulation or these Regulations.

Contravention notice

34. (1) An Authorised Officer who is of the opinion that an economic operator—

(

a

) is contravening or has contravened any of the provisions of the PPE Regulation or these Regulations, or

(

b

) has failed to comply with a direction under Regulation 33,

may serve a contravention notice on the economic operator.

(2) A contravention notice shall—

(

a

) state that the Authorised Officer is of the opinion referred to in paragraph (1),

(

b

) specify the grounds for the opinion,

(

c

) specify every provision (including the particular paragraph and subparagraph of such provision as appropriate) upon which the opinion is based,

(

d

) direct that the person, where required, do one or more of the following

(i) remedy the contravention or the matters occasioning the contravention notice;

(ii) refrain from placing on the market the PPE to which the notice relates;

(iii) refrain from making available on the market that PPE;

(iv) withdraw that PPE from the market;

(v) recall that PPE;

(vi) dispose of that PPE;

(vii) destroy that PPE;

by a date specified in the contravention notice that shall not be earlier than the expiration of the period within which an appeal may be made under Regulation 35,

(

e

) inform the person on whom the contravention notice is served that he or she may appeal the notice to the District Court in accordance with Regulation 35,

(

f

) state that if the person on whom the contravention notice is served fails to comply with the notice within the time period specified in the notice, that person commits an offence,

and

(

g

) be signed and dated by the Authorised Officer.

(3) A contravention notice may include—

(

a

) directions as to the measures to be taken to remedy any contravention or matter to which the contravention notice relates, or to otherwise comply with the notice,

(

b

) directions to bring the contravention notice to the attention of any person who may be affected by it or to the attention of the public generally,

and

(

c

) any other requirement that the Authorised Officer considers appropriate.

(4) Subject to Regulation 35(5), the contravention notice shall take effect on the later of—

(

a

) the expiration of the period for making an appeal to the District Court, or

(

b

) the day specified in the contravention notice.

(5) A person on whom a contravention notice has been served under paragraph (1) shall comply with the notice.

(6) A person on whom a contravention notice has been served who is of the opinion that the notice has been complied with, shall confirm such compliance in writing to the Authorised Officer.

(7) Where a person on whom a contravention notice has been served confirms in accordance with paragraph (6), the Authorised Officer, on being satisfied that the person has complied with the notice, shall within one month of receipt of such confirmation, give notice to the person of compliance with the contravention notice.

(8) An Authorised Officer may—

(

a

) withdraw or amend a contravention notice at any time, or

(

b

) where no appeal is made or pending under Regulation 35, extend the period specified under paragraph (2)(

d

) of this Regulation.

Appeal against contravention notice

35. (1) A person on whom a contravention notice is served may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the notice was served and in determining the appeal the judge may, if he or she considers it appropriate to do so, confirm, vary or cancel the notice.

(2) A person who appeals under paragraph (1) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

(3) Where a decision is made under paragraph (1), any person aggrieved may, within 14 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the contravention notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

(4) A decision under paragraph (3) shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(5) Where an appeal is taken and the contravention notice is not withdrawn by the Authorised Officer, the notice shall take effect on the later of—

(

a

) the day next following the day on which the contravention notice is confirmed or varied on final appeal,

(

b

) the day next following the day on which the appeal is discontinued, or

(

c

) the day specified in the contravention notice.

(6) Subject to paragraph (7), in the case of PPE which the Authorised Officer does not consider to present a serious risk requiring rapid intervention under Article 20 of Regulation (EC) No. 765/2008, the intended recipient of a contravention notice that includes a direction referred to in Regulation 34(2)(

d

)(ii), (iii), (iv) or (v) shall have the opportunity to make representations to a market surveillance authority within 10 working days of first being advised of the Authorised Officer’s intention to serve a contravention notice on that person.

(7) Where an opportunity to make representations referred to in paragraph (6) is not possible because of the urgency of the measure directed in the contravention notice as referred to in the said paragraph (6), as justified by health or safety requirements or other grounds relating to public interests, the market surveillance authority shall give the recipient of the notice the opportunity to be heard as soon as possible after the service of the notice on that person and the service of the notice shall be reviewed promptly thereafter.

Prohibition notice — PPE presenting a serious risk

36. (1) Where an Authorised Officer is of the opinion that PPE presents, or is likely to present, a serious risk to the health or safety of persons, including a serious risk the effects of which are not immediate, the Authorised Officer may serve a prohibition notice on the economic operator relating to the PPE, regardless of whether or not there is or is likely to be a contravention of the PPE Regulation or these Regulations.

(2) For the avoidance of doubt, where PPE does not have any marking (on its packaging or otherwise) or document required under the PPE Regulation or these Regulations, an Authorised Officer may form an opinion referred to in paragraph (1).

(3) A prohibition notice shall—

(

a

) state that the Authorised Officer is of the opinion referred to in paragraph (1),

(

b

) specify the grounds for the opinion,

(

c

) where in the opinion of the Authorised Officer there is or is likely to be a contravention of any provision of the PPE Regulation or these Regulations, specify every such provision (including the particular paragraph and subparagraph of such provision as appropriate),

(

d

) prohibit any activity of the economic operator that results in the PPE referred in paragraph (1) being placed on the market or made available on the market,

(

e

) inform the person on whom the prohibition notice is served that he or she may appeal the notice to the District Court in accordance with Regulation 37,

(

f

) state that if the person on whom the prohibition notice is served fails to comply with the notice, that person commits an offence, and

(

g

) be signed and dated by the Authorised Officer.

(4) A prohibition notice may include—

(

a

) directions as to the measures to be taken by the economic operator to stop the activity referred to in paragraph 3(

d

), to remedy any contravention of the PPE Regulation or these Regulations or any matter to which the prohibition notice relates, or to otherwise comply with the notice, including directions to do one or more of the following regarding the PPE referred to in paragraph (1)

(i) refrain from placing on the market the PPE;

(ii) refrain from making available on the market the PPE;

(iii) withdraw the PPE from the market;

(iv) recall the PPE;

(v) dispose of the PPE;

(vi) destroy the PPE;

(

b

) directions to bring the prohibition notice to the attention of any person who may be affected by it, or to the attention of the public generally,

and

(

c

) any other requirement that the Authorised Officer considers appropriate.

(5) Subject to Regulation 37(9), a prohibition notice shall take effect immediately at the time the notice is received by the person on whom it is served.

(6) A person on whom a prohibition notice has been served under paragraph (1) shall comply with the notice.

(7) A person on whom a prohibition notice has been served who is of the opinion that the notice has been complied with, shall confirm such compliance in writing to the Authorised Officer.

(8) Where a person on whom a prohibition notice has been served confirms in accordance with paragraph (7), the Authorised Officer, on being satisfied that the person has complied with the notice, shall within one month of receipt of such confirmation give notice to the person of compliance with the prohibition notice.

(9) An Authorised Officer may at any time withdraw a prohibition notice if—

(

a

) the Authorised Officer is satisfied that the PPE to which the prohibition notice relates no longer gives rise to a serious risk to health or safety of persons, or

(

b

) the Authorised Officer is satisfied that the prohibition notice was issued in error or is incorrect in some material respect.

Appeal against prohibition notice

37. (1) A person on whom a prohibition notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the notice was served and in determining the appeal the judge may, if he or she considers it appropriate to do so, confirm, vary or cancel the notice.

(2) A person who appeals under paragraph (1) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

(3) Where a decision is made under paragraph (1), any person aggrieved by that decision may, within 7 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the prohibition notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

(4) A decision under paragraph (3) shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(5) Subject to paragraph (6), the bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice.

(6) Where a person brings an appeal under this Regulation, the appellant may apply to the court determining the appeal (being the District Court, Circuit Court or High Court) to have the operation of the prohibition notice suspended until the determination or discontinuation of the appeal before that court and, on such application, the court may, if it thinks proper to do so, grant the application.

(7) Where, on the hearing of an appeal under this Regulation, a prohibition notice is not cancelled, notwithstanding paragraph (6), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

(8) A person who applies for the suspension of the operation of a prohibition notice shall at the same time notify the market surveillance authority of the application and the grounds for the application.

(9) Where an appeal is brought under this Regulation and the court (being the District Court, Circuit Court or High Court) has granted a suspension on the operation of the prohibition notice, the prohibition notice shall take effect on the later of—

(

a

) the day next following the day on which the notice is confirmed or varied on final appeal,

(

b

) the day next following the day on which the appeal is discontinued, or

(

c

) the day next following the expiration of the period of final suspension.

Order of High Court to direct compliance of prohibition notice

38. (1) Where a person fails to comply with a prohibition notice an Authorised Officer may apply ex parte to the High Court for an order directing immediate compliance with the notice.

(2) The High Court may, upon an application under this Regulation, if satisfied that the person on whom the prohibition notice is served has failed to comply with the notice, grant an order referred to in paragraph (1).

Seizure notice — seizure and disposal of PPE presenting a serious risk

39. (1) Where an Authorised Officer is of the opinion that PPE presents a serious risk, the Authorised Officer or any person directed by the Authorised Officer, may seize and destroy or dispose of the PPE in such manner and such time and place as the Authorised Officer may direct.

(2) The Authorised Officer may require the economic operator relating to the PPE referred to in paragraph (1), where known, to reimburse the cost or any portion of the cost of any measure taken under that paragraph.

(3) An Authorised Officer who has seized, or intends to seize, PPE under paragraph (1) shall serve a seizure notice on the economic operator relating to the PPE, which seizure notice shall—

(

a

) state that the PPE has been or is intended to be seized and that it is intended to destroy or dispose of the PPE,

(

b

) specify the grounds for the seizure and intended destruction or disposal of the PPE,

(

c

) where in the opinion of the Authorised Officer there is or is likely to be a contravention of any provision of the PPE Regulation or these Regulations, specify every such provision (including the particular paragraph and subparagraph of such provision as appropriate),

(

d

) inform the person on whom the seizure notice is served that he or she may appeal the notice to the District Court in accordance with this Regulation,

and

(

e

) be signed and dated by the Authorised Officer.

(4) A person on whom a seizure notice is served may, within 21 days beginning on the day on which the seizure notice is served on him or her, appeal against the notice to the appropriate court (as defined in paragraph (17)) and in determining the appeal, the court may, if it considers it appropriate to do so, confirm, vary or cancel the notice or make any other order as it considers appropriate.

(5) An appeal under paragraph (4) shall state the grounds on which the appeal is made and shall be made by written notice, which notice shall be lodged with the office of the appropriate court.

(6) A person who appeals under paragraph (4) shall at the same time furnish a copy of the notice referred to in paragraph (5) to the appropriate market surveillance authority and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

(7) If, during the hearing of an appeal under paragraph (4) to the District Court, that court forms the opinion that the value of the PPE the subject of the appeal exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the PPE.

(8) If, during the hearing of an appeal under paragraph (4) to the Circuit Court, that court forms the opinion that the value of the PPE, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.

(9) Paragraphs (7) and (8) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an appeal under paragraph (4) in relation to which it was, at the time of the hearing of the appeal, the appropriate court.

(10) Where a decision is made under paragraph (4), any person aggrieved may, within 21 days beginning on the day on which the decision was made, appeal the decision to the following court

(

a

) where the decision under paragraph (4) was made by the District Court, the Circuit Court;

(

b

) where the decision under paragraph (4) was made by the Circuit Court, the High Court;

(

c

) where the decision under paragraph (4) was made by the High Court, the Court of Appeal.

(11) On hearing an appeal under paragraph (10), the court may, if it considers it appropriate to do so, confirm the decision of the appropriate court, vary it or allow the appeal.

(12) A decision under paragraph (11) of the Circuit Court shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(13) A decision under paragraph (11) of the High Court shall be final, save that, by leave of the Court of Appeal, an appeal from the decision shall lie to the Court of Appeal on a specified question of law.

(14) An appeal under paragraph (4) to the District Court shall be determined by a judge of the District Court for the District Court district in which the PPE the subject of the appeal was placed on the market or the appellant ordinarily resides.

(15) An appeal under this Regulation (whether under paragraph (4) or (10)) to the Circuit Court shall be determined by a judge of the Circuit Court for the circuit in which the PPE the subject of the appeal was placed on the market or the appellant ordinarily resides.

(16) Where an appeal is made under paragraph (4), the PPE the subject of the appeal shall not be destroyed or disposed of until at least the day following the determination or discontinuation of the final appeal.

(17) In this Regulation “appropriate court” means—

(

a

) in any case where the estimated value of the PPE the subject of the appeal does not exceed €15,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the District Court,

(

b

) in any case where the estimated value of the PPE referred to in subparagraph (

a

) exceeds the jurisdiction of the District Court in tort but does not exceed €75,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the Circuit Court,

and

(

c

) in any case not coming within subparagraph (

a

) and (

b

), the High Court.

(18) In this Regulation “dispose” includes any manner of disposal which in the opinion of the Authorised Officer will least endanger the public and includes surrender of the PPE to a member of the Garda Síochána or to any other competent agency or organisation for its destruction, or the certified return of the PPE to the economic operator relating to the PPE, in order to remove it from the market, at the expense of the economic operator, manager, or person having lawful possession of the PPE at the time of seizure, where known.

Forfeiture order

40. (1) A market surveillance authority may apply for an order for the forfeiture to the market surveillance authority of any PPE on the grounds that the PPE does not comply with the PPE Regulation or these Regulations or, when properly maintained and used for its intended purpose or otherwise used under conditions which can be reasonably foreseen, is liable to be a risk to the health or safety of persons.

(2) An application under paragraph (1) shall be made to the appropriate court.

(3) Upon hearing an application under paragraph (1), the appropriate court may, if it considers it appropriate to do so, grant a forfeiture order.

(4) The appropriate court may order that the person against whom a forfeiture order is sought pay the costs of seizure and destruction or disposal of the PPE the subject of the order.

(5) A forfeiture order granted under paragraph (3) may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal.

(6) If, during the hearing of an application under paragraph (1) to the District Court, that court forms the opinion that the value of the PPE the subject of the appeal exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the PPE.

(7) If, during the hearing of an application under paragraph (1) to the Circuit Court, that court forms the opinion that the value of the PPE, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.

(8) Paragraphs (6) and (7) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under paragraph (1) in relation to which it was, at the time of the hearing of the application, the appropriate court.

(9) Where a decision is made under paragraph (3), any person aggrieved may, within 21 days beginning on the day the decision was made, appeal the decision to the following court

(

a

) where the decision under paragraph (3) was made by the District Court, the Circuit Court;

(

b

) where the decision under paragraph (3) was made by the Circuit Court, the High Court;

(

c

) where the decision under paragraph (3) was made by the High Court, the Court of Appeal.

(10) On hearing an appeal under paragraph (9), the court may, if it considers it appropriate to do so, confirm the decision of the appropriate court, vary it or allow the appeal.

(11) A decision under paragraph (10) of the Circuit Court shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(12) A decision under paragraph (10) of the High Court shall be final, save that, by leave of the Court of Appeal, an appeal from the decision shall lie to the Court of Appeal on a specified question of law.

(13) An application under paragraph (1) to the District Court shall be determined by a judge of the District Court for the District Court district in which the PPE the subject of the order sought was placed on the market or the person against whom the order is sought ordinarily resides.

(14) An application under paragraph (1) to the Circuit Court and any appeal under paragraph (9) to the Circuit Court shall be determined in the circuit in which the PPE the subject of the application under paragraph (1) was placed on the market or the person against whom the order was sought in an application under paragraph (1) ordinarily resides.

(15) Where a forfeiture order is granted and there is no stay on the coming into force of the order, the PPE the subject of the forfeiture order may be seized on behalf of the market surveillance authority by an Authorised Officer and destroyed, disposed of or released as the Authorised Officer considers appropriate.

(16) In this Regulation—

(

a

)“appropriate court” has the meaning assigned to it under Regulation 39(17); and

(

b

)“dispose” has the meaning assigned to it under Regulation 39(18).

Information notice

41. (1) A market surveillance authority, or an Authorised Officer, may serve an information notice on a person which may require the person to give to the authority or the Authorised Officer, within such period and in such form as may be specified in the notice, any information specified in the notice that the authority or the Authorised Officer may reasonably require for the proper performance of his or her functions under the PPE Regulation or these Regulations.

(2) An information notice shall—

(

a

) inform the person on whom the information notice is served that he or she may appeal the notice to the District Court in accordance with this Regulation,

(

b

) state that if the person on whom the information notice is served fails to comply with the notice, that person commits an offence, and

(

c

) be signed and dated by the Authorised Officer.

(3) The period specified in the information notice referred to in paragraph (1) may be extended at the discretion of the market surveillance authority or Authorised Officer on the written application of the person on whom the notice is served or at the volition of the authority or Authorised Officer issuing the notice.

(4) A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the notice was served and in determining the appeal the judge may, if he or she considers it appropriate to do so, confirm, vary or cancel the notice.

(5) A person who appeals under paragraph (4) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.

(6) Where a decision is made under paragraph (4), any person aggrieved by that decision may, within 7 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the information notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

(7) A decision under paragraph (6) shall be final, save that, by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(8) Where, upon the hearing of an appeal under this Regulation (whether under paragraph (4), (6) or (7)), an information notice is not cancelled by the court, the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the information notice for such period as in the circumstances of the case the judge considers appropriate.

(9) Subject to paragraph (10), a person on whom an information notice is served shall comply with the notice before the later of—

(

a

) the expiration of the period to comply specified in the information notice, or

(

b

) where the period referred to in subparagraph (

a

) is extended under paragraph (3), the expiration of that extended period.

(10) Where an appeal is brought under this Regulation, the person on whom the information notice is served shall comply with the notice before—

(

a

) the day next following the day on which the information notice is confirmed or varied on final appeal,

(

b

) the day next following the day on which the appeal is discontinued,

(

c

) the expiration of the period to comply specified in the information notice,

or

(

d

) where the operation of the information notice has been suspended, the expiration of the period of final suspension,

whichever occurs latest.

Publication of information

42. (1) A market surveillance authority may, in the interest of the protection of health or safety and in consultation, where appropriate, with another market surveillance authority of the State or another State, take such measures as it considers appropriate to bring to the attention of the public matters giving rise to any direction served under Regulation 33, contravention notice served under Regulation 34, prohibition notice served under Regulation 36, seizure notice served under Regulation 39 or forfeiture order granted under Regulation 40.

(2) The market surveillance authority may, in the interest of the protection of health or safety, take such measures as it considers appropriate to bring to the attention of the public any other matter of concern arising from the requirements of the PPE Regulation or these Regulations.

Sharing information on application of PPE Regulation

43. (1) The notifying authority shall comply with Article 31(2) of the PPE Regulation.

(2) A market surveillance authority may provide information to any European Union information network, the European Commission or a market surveillance authority of another Member State for the purpose of sharing information related to the application of the PPE Regulation and shall also raise any concern it may have of the type referred to in Article 42(2) of the PPE Regulation in accordance with that Article.

PART 7

Offences and Penalties

Offences

44. (1) A person who contravenes a provision or requirement of—

(

a

) Articles 8, 9, 10, 11, 13, 15, 17 of the PPE Regulation, or

(

b

) Regulations 5(1), 5(2) 6, 7, 8, 9, 11, 17(5), 27(2), 27(6), 29(2) of these Regulations,

commits an offence.

(2) A person who fails to comply with any requirement of a notice served on him or her under Regulation 34, 36 or 41 or any term of a forfeiture order granted under Regulation 40 that is required to be complied by him or her commits an offence.

(3) A person who, in relation to CE marking, other marking or any document required for the purposes of the PPE Regulation or these Regulations does one or more of the following commits an offence

(

a

) forges or counterfeits any such document;

(

b

) gives or signs a document knowing it to be false in any material particular or makes a marking knowing it to be false in any material particular;

(

c

) knowingly uses a marking or document that is forged or counterfeited, or that is false in any material particular;

(

d

) knowingly uses as applying to any person or PPE a marking or document which does not so apply;

(

e

) knowingly connives at any such forging, counterfeiting, giving, signing, or using referred to in subparagraphs (

a

) to (

d

);

(

f

) knowingly makes a false entry in any such document that is so required to be kept, served or sent;

(

g

) knowingly uses any false entry referred to in subparagraph (

f

);

(

h

) knowingly and without lawful authority has in his or her possession one or more of the following

(i) a forged marking;

(ii) a forged document;

(iii) an altered marking;

(iv) an altered document.

(4) Any person who obstructs or interferes with an Authorised Officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by these Regulations or by a warrant under Regulation 32(6) or who impedes or prevents the exercise by the Authorised Officer or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an Authorised Officer or such a member pursuant to a power conferred by these Regulations, or in purported compliance with such request or requirement or answer to such question asked, gives information to the Authorised Officer or member that he or she knows to be false or misleading in any material respect, commits an offence.

(5) A person who falsely represents himself or herself to be an Authorised Officer commits an offence.

(6) A person who, at any time during the period of 3 months immediately following the affixing of a notice in accordance with Regulation 48(1)(

e

) removes, alters, damages or defaces the notice without lawful authority commits an offence.

(7) A person who states to a market surveillance authority that another person has committed an offence under this Regulation or has failed to comply with a provision of these Regulations, knowing the statement to be false, commits an offence.

(8) A person who, in purported compliance with a requirement in an information notice, furnishes information to a market surveillance authority that he or she knows to be false or misleading in a material respect, commits an offence.

(9) A person who prevents or attempts to prevent any person from answering any question to which an Authorised Officer may require an answer under Regulation 32, commits an offence.

(10) A person who fails to comply with a bona fide request, instruction or direction from an Authorised Officer in the exercise of his or her functions under these Regulations, commits an offence.

(11) Where an offence under a provision of these Regulations is committed by reason of a failure to do something at or within a time fixed by or under that provision, the offence shall be deemed to continue until that thing is done.

Penalties

45. (1) A person guilty of an offence under Regulation 44 shall be liable—

(

a

) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(

b

) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.

(2) Where a person is convicted of an offence under these Regulations in proceedings brought by a market surveillance authority, or instituted following an investigation by or on behalf of the authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the authority the costs and expenses, measured by the court, incurred by the authority in relation to the investigation, detection and prosecution of the offence, including the costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by the authority.

Offences by bodies corporate

46. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she had committed the first-mentioned offence.

Prosecution of offences

47. (1) Subject to paragraph (2), summary proceedings in relation to an offence under these Regulations may be brought and prosecuted by a market surveillance authority.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851 and section 5(4) of the European Communities (Amendment) Act 1993, summary proceedings for an offence under Regulation 44 may be instituted at any time within 3 years from the date on which the offence was committed or alleged to have been committed.

PART 8

Miscellaneous

Service of notices, directions etc

48. (1) Subject to paragraphs (2) and (3), a direction, notice or other measure under Regulation 33, 34, 36, 39 or 41 shall be in writing, addressed to the person being served by name and may be served on the person by doing any of the following

(

a

) delivering it to the person;

(

b

) leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address;

(

c

) sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(

d

) where there is a facility for receiving the text of the notice by electronic means at the address at which the person carries on business or ordinarily resides, transmitting the text of the notice by such means to such address, provided that the notice is also delivered in any of the other ways referred to in this paragraph; or

(

e

) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the notice being served relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises.

(2) Where a direction, notice or other measure under Regulation 33, 34, 36, 39, or 41 is to be served on a person who is the owner or occupier of land or property and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purposes of these Regulations, a company within the meaning of the Companies Acts 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Immunity

49. None of the following persons, that is to say, a market surveillance authority, an Authorised Officer or a member of staff of a market surveillance authority shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of that person’s functions under these Regulations, unless the act or omission concerned was done in bad faith.

Indemnification

50. A market surveillance authority shall, subject to the provisions of any enactment or rule of law, indemnify an Authorised Officer appointed by it, or a member of staff of a market surveillance authority, in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under these Regulations as such Authorised Officer or member of staff, unless the act or omission concerned was done in bad faith.

Restriction on disclosure of information

51. (1) A person in receipt of information as a result of the application of these Regulations shall treat the information as confidential.

(2) Without prejudice to the generality of the foregoing, business, professional and trade secrets shall be treated as confidential unless the disclosure of such information is for one or more of the following reasons

(

a

) for the purpose of the discharge of functions under these Regulations;

(

b

) required to be provided by law;

(

c

) made with the consent of the person to whom the information applies;

(

d

) for the purposes of—

(i) any legal proceedings (including by means of a report to a coroner holding an inquest under the Coroners Acts 1962 and 2005 on the body of a person whose death may have been caused through personal injury), or

(ii) any investigation or special report under section 70 of the Act of 2005;

(

e

) necessary in order to protect the health or safety of persons;

(

f

) required by a provision or provisions of the PPE Regulation or these Regulations;

(

g

) ordered by a court of law.

Transitional provisions

52. (1) Without prejudice to paragraph (2), any product covered by the Directive that conforms with that Directive and is placed on the market at any time before the 21 April 2019 may continue to be made available on the market.

(2) Any EC type-examination certificate or approval decision issued under the Directive shall remain valid until 21 April 2023 unless it expires before that date.

Revocation

53. The European Communities (Personal Protective Equipment) Regulations 1993 (

S.I. No. 272 of 1993

), European Communities (Personal Protective Equipment) (Amendment) Regulations 1994 (

S.I. No. 13 of 1994

), the European Communities (Personal Protective Equipment) (CE Marking) Regulations 1994 (

S.I. No. 457 of 1994

) and the European Communities (Personal Protective Equipment) (Amendment) Regulations 1997 (

S.I. No. 81 of 1997

) cited together as the European Communities (Personal Protective Equipment) Regulations 1993 to 1997, are revoked.

Regulations 13 and 17

SCHEDULE 1

Text of Annex I to the PPE Regulation

RISK CATEGORIES OF PPE

This Annex lays down the categories of risk against which PPE is intended to protect users.

Category I

Category I includes exclusively the following minimal risks

(a) superficial mechanical injury;

(b) contact with cleaning materials of weak action or prolonged contact with water;

(c) contact with hot surfaces not exceeding 50 °C;

(d) damage to the eyes due to exposure to sunlight (other than during observation of the sun);

(e) atmospheric conditions that are not of an extreme nature.

Category II

Category II includes risks other than those listed in Categories I and III;

Category III

Category III includes exclusively the risks that may cause very serious consequences such as death or irreversible damage to health relating to the following

(a) substances and mixtures which are hazardous to health;

(b) atmospheres with oxygen deficiency;

(c) harmful biological agents;

(d) ionising radiation;

(e) high-temperature environments the effects of which are comparable to those of an air temperature of at least 100 °C;

(f) low-temperature environments the effects of which are comparable to those of an air temperature of –50 °C or less;

(g) falling from a height;

(h) electric shock and live working;

(i) drowning;

(j) cuts by hand-held chainsaws;

(k) high-pressure jets;

(l) bullet wounds or knife stabs;

(m) harmful noise.

Regulations 6, 8, 9, 12, 15 and 23

SCHEDULE 2

Text of Annex II to the PPE Regulation

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

PRELIMINARY REMARKS