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Chapter VII — DELEGATED POWERS AND COMMITTEE PROCEDURE

Chapter VIII — CONFIDENTIALITY AND PENALTIES

Machinery Regulation·Article 46

Formal non-compliance

Applies since January 20, 2027· Art. 54(2)

Without prejudice to Article 43, where a Member State makes one of the following findings with regard to machinery or a related product, it shall require the relevant economic operator to put an end to the non-compliance concerned:

  • the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 24 of this Regulation;
  • the CE marking has not been affixed;
  • the identification number of the notified body involved in the production control phase has been affixed in violation of Article 24(3) or has not been affixed;
  • the EU declaration of conformity has not been drawn up or has not been drawn up correctly;
  • the technical documentation is either not available or not complete;
  • the information referred to in Article 10(6) or Article 13(3) is absent, false or incomplete;
  • any other administrative requirement provided for in Article 10 or Article 13 is not fulfilled.

Without prejudice to Article 43, where a Member State makes one of the following findings with regard to partly completed machinery, it shall require the relevant economic operator to put an end to the non-compliance concerned:

  • the EU declaration of incorporation has not been drawn up or has not been drawn up correctly;
  • the technical documentation is either not available or not complete;
  • the information referred to in Article 11(5) or Article 14(3) is absent, false or incomplete;
  • any other administrative requirement provided for in Article 11 or Article 14 is not fulfilled.

Where the non-compliance referred to in paragraphs 1 and 2 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product within the scope of this Regulation concerned being made available on the market or ensure that it is recalled or withdrawn from the market.

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