S.L. 627.3 Art. 22Formal non- compliance.

(1) Without prejudice to regulation 20, where the market surveillance authority 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 regulation 18 of these regulations;

(b) the CE marking has not been affixed;

(c) the EU declaration of conformity has not been drawn up;

(d) the EU declaration of conformity has not been drawn up correctly;

(e) the technical documentation is either not available or not complete;

(f) the information referred to in regulation 7(6) or regulation 9(4) is absent, false or incomplete;

(g) any other administrative requirement provided for in regulation 7 or regulation 9 is not fulfilled.

(2) Where the non-compliance referred to in sub-regulation

(1) persists, the market surveillance authority shall take all appropriate measures to restrict or prohibit the product being made available on the market or to ensure that it is withdrawn from the market.