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Finally, the economic operator referred to in Article 4 must take certain actions when asked to do so by the market surveillance authorities: provide that authority with the EU declaration of conformity; provide the authority with technical documentation, or where the economic operator referred to in Article 4 does not keep this documentation, ensure that the technical documentation is provided to the authority (in particular by the manufacturer); provide other information and documentation to demonstrate the conformity of the product (this may include e.g. certificates and decisions from a notified body) in a language which can be easily understood by that authority (to be negotiated with the authority – this could be a language other than the national language(s)). cooperate with the authority. The action required will depend on the authority’s request, which has to be in accordance with the principle of proportionality; and make sure that the necessary corrective action is taken to remedy any non-compliance with the Union harmonisation legislation applicable to the product in question or, if that is not possible, to mitigate the risks presented by that product. The action could involve bringing the product into conformity, withdrawing it or recalling it, as appropriate (169). The economic operator referred to in Article 4 does not have to take corrective action or mitigate the risk itself if that economic operator is not obliged to do so under the sector-specific legislation, but must ensure that action is taken, e.g. by asking the manufacturer to respond to the request and verifying that it has done so.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.