CHAPTER VUNION MARKET SURVEILLANCE, CONTROL OF EU FERTILISING PRODUCTS ENTERING THE UNION MARKET AND UNION SAFEGUARD PROCEDURE

Article 41Formal non-compliance

1.

Without prejudice to Article 38, where a Member State makes one of the following findings with regard to an EU fertilising product, 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 18 of this Regulation;

(b)

the identification number of the notified body has been affixed in violation of Article 18 or has not been affixed, where required by Article 18;

(c)

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

(d)

the technical documentation is either not available or not complete;

(e)

the information referred to in Article 6(6) or Article 8(3) is absent, false or incomplete;

(f)

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to restrict or prohibit the EU fertilising product being made available on the market or ensure that it is recalled or withdrawn from the market.

Obligations of Member States in this respect shall be without prejudice to the possibility for them to regulate fertilising products which are not EU fertilising products.