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art_36__para_5

5. Where the Commission establishes that an EU type-approval that has been granted is not in compliance with this Regulation, it shall consult the Member States without delay, in particular the approval authority that granted the EU type-approval and the relevant economic operator. On the basis of consultations referred to in the first subparagraph of this paragraph the Commission shall adopt an implementing act to decide on the refusal of the recognition of EU type-approval referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

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Source: EUR-Lex (Cellar) · retrieved 2026-10-15 · Text as adopted (Official Journal); later amendments are not incorporated in this text.