§7.6.1 EU-wide action on non-compliance

— Products deemed non-compliant in one Member State are generally presumed to be non-compliant across the EU. — Action against products found to be non-compliant has to be generally undertaken throughout the EU. — Mechanisms exist in case of disagreements between market surveillance authorities on compliance. When a market surveillance authority establishes that a product is non-compliant, it is generally considered non-compliant throughout the EU, unless a relevant market surveillance authority in another Member State concluded the contrary on the basis of its own investigation or the safeguard procedure (see point 7.6.2) of the applicable Union harmonisation legislation specifies otherwise (Article 11(9) of Regulation (EU) 2019/1020). Market surveillance authorities in the other Member States will normally not have to undertake action, because the economic operator concerned has to take corrective action throughout the EU (Article R31(3) of Annex I to Decision No 768/2008). An exception to this is the case where measures are taken against dangerous products, where all relevant market surveillance authorities across the EU have an obligation to ensure that the serious risk is eliminated (Article R31(8) of Annex I to Decision No 768/2008). Market surveillance authorities are informed of such cases through RAPEX (see Section 7.6.4). Another exception is the case where the economic operator concerned does not undertake corrective action within the period indicated by the market surveillance authority that required it to do so. Market surveillance authorities can obtain such information from ICSMS, through safeguard clause notifications (see Section 7.6.2) and, for legislation that does not contain such safeguard clause, by monitoring the case investigations for their product sector. Market surveillance authorities can rely on information from other market surveillance authorities (Article 11(6) of Regulation (EU) 2019/1020). However, market surveillance authorities are in all cases entitled to conduct their own investigation, taking into account any information received from economic operators if they consider it relevant. If they come to a different conclusion, i.e. they do not find the product to be non-compliant, then they can object in the safeguard notification for the legislation that includes such procedure. For such cases, see Section 7.6.2. In the case of other legislation or where the safeguard clause is not applicable, market surveillance authorities do not have to undertake action if they do not find the product to be non-compliant on the basis of its own investigation.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07