Article 39 Formal non-compliance

1.Without prejudice to Article 36, where a Member State makes one of the following findings concerning products covered by this Chapter, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 15 or Article 16 of this Regulation;

(b)the CE marking or type has not been affixed;

(c)the identification number of the notified body, where the conformity assessment procedure set out in Part 9 of the Annex is applied, has been affixed in violation of Article 16 or has not been affixed;

(d)the UA class identification label has not been affixed;

(e)the indication of the sound power level if required has not been affixed;

(f)the serial number has not been affixed or has not the correct format;

(g)the manual or the information notice is not available;

(h)the EU declaration of conformity is missing or has not been drawn up;

(i)the EU declaration of conformity has not been drawn up correctly;

(j)technical documentation is either not available or not complete;

(k)manufacturer’s or importer’s name, registered trade name or registered trademark, website address or postal address are missing.

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all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is withdrawn or recalled from the market.