S.L. 427.41 Art. 38Formal non- compliance.

(1) Without prejudice to regulation 36, where the MSD makes one of the following findings, 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 regulation 20;

(b) the CE marking has not been affixed;

(c) the identification number of the notified body, where the conformity assessment procedure set out in Schedule IV is applied, has been affixed in violation of regulation 20 or has not been affixed;

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

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

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

(fa) the pictogram as referred to in regulation 4A(2) or the label as referred to in regulation 10(8) has not been drawn up correctly;

(fb) the label as referred to in regulation 10(8) does not accompany the radio equipment concerned;

(fc) the pictogram or the label is not affixed or displayed in accordance with regulation 4A(2) or regulation 10(8);

(g) the information referred to in regulations 10(6) or 10(7) or regulation 12(3) is absent, false or incomplete;

(h) the information referred to in regulation 10(8), the EU declaration of conformity referred to in regulation 10(9), or the information on usage restrictions referred to in regulation 10(10), does not accompany the radio equipment;

(i) requirements on identification of economic operators set out in regulation 15 are not fulfilled;

(j) regulation 4A(1) or regulation 6 is not complied with.

(2) Where the non-compliance referred to sub-regulation (1) persists, the MSD shall take all appropriate measures to restrict or prohibit corresponding radio equipment being made available on the market or ensure that it is recalled or withdrawn from the market.