lexiara

sec_7_6_3_1__para__3

Requests for enforcement measures are meant only for exceptional cases. When a market surveillance authority establishes a non-compliance, it should itself request the relevant economic operator to take corrective action and when that economic operator does not comply, the authority should take measures and inform other Member States so that they also take measures if the product is on their market (see Sections 7.6.1 and 7.6.2). Requests for enforcement measures by an authority in another Member State are meant only for cases where these procedures do not resolve a non-compliance. For example, in the case where an economic operator in the another Member State does not cooperate and keeps offering the product to end-users, but not in the Member State where it resides and thus the authorities of that Member States would normally not undertake action (as the product is not on their market).

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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.