S.L. 454.15 Art. 43Formal non- compliance.

(1) Without prejudice to regulation 40, where the

Authority 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 or the supplementary metrology marking has been affixed in violation of Regulation 30 of Regulation (EC) No 765/2008 or of regulation 22 of these regulations;

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

(c) the identification number of the notified body, where that body is involved in the production control phase, has been affixed in violation of regulation 22 or has not been affixed;

(d) the EU declaration of conformity does not accompany the measuring instrument;

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

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

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

(h) any other administrative requirement provided for in regulation 9 or regulation 12 is not fulfilled.

(2) Where the non-compliance referred to in sub-regulation (1) persists the Authority shall take all appropriate measures to restrict or prohibit the measuring instrument being made available on the market or ensure that it is recalled or withdrawn from the market.