sec_7_4_2_1__para__4

There is a range of actions possible, including but not limited to the actions listed in Article 16(3) of Regulation (EU) 2019/1020. These range from rectifying formal non-compliance to withdrawing or recalling the products. The action must be in accordance with the degree of risk or non-compliance, and the impact on the free circulation of products may not go beyond what is necessary for achieving the objectives of market surveillance (see Section 7.4.2.2). A different approach may apply in the case of serious risk. Market surveillance authorities carry out a risk assessment in order to verify if products present a serious risk. According to Article 19(2) of Regulation (EU) 2019/1020, an appropriate risk assessment ‘takes account of the nature of the hazard and the likelihood of its occurrence’. In case the risk is deemed to be ‘serious’, market surveillance authorities must adopt a rapid intervention following the specific provisions of Articles 19 and 20 of Regulation (EU) 2019/1020. The types of actions in this case consist in withdrawing or recalling the products, except where there is another effective way to eliminate the serious risk. Market surveillance authorities may, in these urgent cases, adopt restrictive measures without waiting for the economic operator to take corrective action. In such case, the economic operator must be given an opportunity to provide its view as soon as possible after a decision, order or measure taken, which shall then be reviewed promptly by the market surveillance authority (Article 18(3) of Regulation (EU) 2019/1020).

← sec_7_4_2_1__para__3 · All articles · sec_7_4_2_1__para__5 →

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