CHAPTER 5

UNION MARKET SURVEILLANCE, CONTROL OF VESSELS ENTERING THE UNION MARKET AND UNION SAFEGUARD PROCEDURE

Formal non-compliance
Article 38
1
Without prejudice to Article 35, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
a
the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 16 of this Directive;
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 16 or has not been affixed;
d
the inscriptions referred to in point 1 of Annex III have not been affixed or have been affixed in violation of Article 16 or point 1 of Annex III;
e
the EU declaration of conformity has not been drawn up;
f
the EU declaration of conformity has not been drawn up correctly;
g
the technical documentation is either not available or not complete.
h
the information referred to in Article 6(6) or Article 8(3) is absent, false or incomplete;
i
any other administrative requirement provided for in Article 6 or Article 8 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measures to restrict or prohibit the vessel being made available on the market or ensure that it is recalled or withdrawn from the market.