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Article 71 – Formal non-compliance

ESPR Ecodesign for Sustainable Products Regulation (EU) 2024/1781 · Consolidated version of 28 Jun 2024 · Official text on EUR-Lex

CHAPTER XII – SAFEGUARD PROCEDURES

1. Where a Member State makes one of the following findings, it shall require the relevant economic operator to bring the non-compliance concerned to an end:

(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 46 of this Regulation;

(b) the CE marking has not been affixed;

(c) the identification number of the notified body has been affixed in violation of Article 46 or has not been affixed where required;

(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 not available, not complete or contains errors;

(g) the information referred to in Article 27(6) or Article 29(3) is absent, false or incomplete;

(h) any other administrative requirement provided for in Article 27 or Article 29 or in the applicable delegated act adopted pursuant to Article 4 is not fulfilled.

2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.

“Formal non-compliance” in other acts

Contents of the act: Ecodesign for Sustainable Products Regulation