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Directive 2009/34/EC of the European Parliament and of the CouncilShow full title
Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control (Recast) (Text with EEA relevance)
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- Revised 26/07/20191.29 MB
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Article 7
1.The Member State which has granted EC pattern approval may withdraw it:
(a)if instruments for which this approval was granted do not conform to the approved pattern or to the provisions of the relevant separate Directive;
(b)if the metrological requirements specified in the certificate of approval or the provisions of Article 5(2) are not met;
(c)if it ascertains that approval was granted in an improper manner.
2.The Member State which has granted EC pattern approval must withdraw it if the instruments constructed according to an approved pattern reveal in service a defect of a general nature which makes them unsuitable for their intended use.
3.If the Member State which granted an EC pattern approval is informed by another Member State of the occurrence of one of the cases covered by paragraphs 1 and 2, it shall also take the measures provided for in those paragraphs, after consulting with that other Member State.
4.The Member State which declares that the case referred to in paragraph 2 has arisen may forbid the placing on the market and putting into service of the instruments concerned until further notice.
It shall immediately inform the other Member States and the Commission, stating the reasons on which its decision is based.
The same procedure shall apply in the cases referred to in paragraph 1, with respect to instruments which have been exempted from EC initial verification, if the manufacturer, after due warning, does not bring the instruments into conformity with the approved pattern or with the requirements of the relevant separate Directive.
5.If the Member State which granted the EC pattern approval disputes that the case referred to in paragraph 2 of which it has been informed has arisen, or disputes that the measures taken pursuant to paragraph 4 are justified, the Member States concerned shall endeavour to settle the dispute.
The Commission shall be kept informed. It shall, where necessary, hold appropriate consultations with the aim of reaching a settlement.
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