S.L. 427.99 Art. 11Non-compliance subsystems with essential requirements.

(1) Technical Regulations Division shall forthwith of inform the Commission of any additional checks requested and set out the reasons therefor. The Commission shall consult the interested parties.

(2) Technical Regulations Division shall state whether the failure to fully comply with these regulations is due to:

(a) non-compliance with the essential requirements or with a TSI, or incorrect application of a TSI, in which case the Commission shall forthwith inform the Technical Regulations Division where the person who drew up the ‘EC’ declaration of verification in error resides and shall request that Technical Regulation Division to take the appropriate measures;

(b) inadequacy of a TSI, in which case the procedure for amending the TSI as referred to in Article 6 of Directive

(EU) 2016/797 shall apply.