5.
The information referred to in the second subparagraph of paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant apparatus, the origin of the apparatus, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either of the following: failure of the apparatus to meet the requirements relating to aspects of public interest protection covered by this Directive; or shortcomings in the harmonised standards referred to in Article 13 conferring a presumption of conformity.
← art_38__para_4__text_2 · All articles · art_38__para_5__text_1 →
Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.