S.L. 627.3 Art. 20Procedure at national level for dealing with products not complyingwiththe applicable accessibility requirements.

(1) Where the market surveillance authority has sufficient reason to believe that a product covered by these regulations does not comply with the applicable accessibility requirements:

(a) it shall carry out an evaluation in relation to the product concerned covering all requirements laid down in these regulations. The relevant economic operators shall fully cooperate with the market surveillance authority for that purpose;

(b) where, in the course of the evaluation referred to in paragraph (a), the market surveillance authority finds that the product does not comply with the requirements laid down in these regulations, it shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements within a reasonable period, commensurate with the nature of the non-compliance, as it may prescribe; ACT)

(c) the market surveillance authority shall require the relevant economic operator to withdraw the product from the market, within an additional reasonable period, only if the relevant economic operator has failed to take adequate corrective action within the period referred to in paragraph (b):

Provided that article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in paragraphs

(b) and (c).

(2) Where the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States of the results of the evaluation and of the actions which it would have required the economic operator to take.

(3) The economic operator shall ensure that all appropriate corrective action is taken in respect of all the products concerned that it has made available on the market throughout the whole Union.

(4) Where the relevant economic operator does not take adequate corrective action within the period referred to in paragraph (c) of sub-regulation (1), the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the products being made available on its national market or to withdraw the product from the market. The market surveillance authority shall inform the Commission and the other Member States, without delay, of those measures.

(5) The information communicated to the Commission and to the other Member States referred to in sub-regulation (4) shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the accessibility requirements with which the product does not comply, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authority shall indicate whether the non-compliance is due to either:

(a) the failure of the product to meet the applicable accessibility requirements; or

(b) the shortcomings in the harmonised standards or in the technical specifications referred to in regulation 15 conferring a presumption of conformity.

(6) Should the procedure initiated under this regulation have been initiated by the competent national authorities of another Member State, the market surveillance authority shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at its disposal relating to the non-compliance of the product concerned, and, in the event of disagreement with the notified national measure, of its objections.

(7) Where, within three (3) months of receipt of the information referred to in sub-regulation (4), no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by the market surveillance authority, that measure shall be deemed justified.

(8) The market surveillance authority shall ensure that appropriate restrictive measures, such as withdrawal of the product from the market, are taken in respect of the product concerned without delay.