Handling non-compliant products

  1. Call for removal of formal non-compliance

In the situation that as a result of an inspection formal non-compliance is  found, the President of the Office of Electronic Communications calls on the economic operator to remove formal non-compliance and to present, within a specified period (on average 7-30 days), evidence confirming its removal.

  1. Call for corrective action

In the situation where the inspection finds that the supplier/dealer fails to comply with the obligations in the field of energy labelling of products, the President of the Office of Electronic Communications calls on the supplier/vendor to take corrective action within a specified period (on average 7-30 days).

  1. Temporary prohibition of making the product available

In the situation where it is found during the inspection that the product does not meet the requirements or poses a risk, the President of the Office of Electronic Communications may issue a decision prohibiting the product from being made available for a period not longer than 3 months.

The President of the Office of Electronic Communications may extend the period of validity of the temporary prohibition until the end of the proceeding regarding non-compliant products placed on the market or put into service or until the end of the proceeding regarding hazardous products placed on the market or put into service.

  1. Proceedings regarding formal non-compliance

If the economic operator fails to submit evidence confirming the removal of formal non-compliance, the President of the Office of Electronic Communications shall initiate ex officio administrative proceedings on formal non-compliance.

The President of the Office of the Electronic Communications by way of resolution, calls on the economic operator to take corrective actions, setting a deadline (on average 7-30 days) for the presentation of evidence confirming the implementation of these actions. In justified cases this period may be longer.

If the economic operator takes corrective action within the prescribed period, the President of the Office of Electronic Communications shall discontinue the proceedings.

If the economic operator fails to take corrective action within the prescribed period, the President of the Office of Electronic Communications shall issue a decision ordering: e.g. removal of formal non-compliance of the product, withdrawal of the product from the market or recovery of the product.

  1. Proceedings regarding products not complying with the requirements or posing a risk

If it is found during the inspection that the product does not meet the requirements or poses a risk, the President of the Office of Electronic Communications initiates ex officio administrative proceedings on products that do not comply with the requirements or pose a risk.

The President of the Office of Electronic Communications, by way of resolution, calls on the economic operator to take corrective actions, setting a deadline (on average 14-60 days) for the presentation of evidence confirming the implementation of these actions. In justified cases this period may be longer.

If the economic operator takes corrective action within the prescribed period, the President of the Office of Electronic Communications shall discontinue the proceedings.

If the economic operator fails to take corrective action within the prescribed period, the President of the Office of Electronic Communications shall issue a decision ordering: e.g. removal of the product non-compliance with the requirements or removal of the risk, withdrawal of the product from the market or recovery of the product.

  1. Proceedings in the case of failure to perform obligations in the area of energy labelling

If the supplier/dealer fails to take corrective action within the prescribed period, the President of the Office of Electronic Communications shall issue a decision ordering: e.g. suspension of product sale, removal of product non-compliance, withdrawal of the product from the market or recovery of the product.

Metrics
Entity providing information: Urząd Komunikacji Elektronicznej
Responsible person: Marcin Dec
Person publishing the information: Wojciech Gunia
Publication date: 08.04.2020 11:35