EdLaw
Formal non-compliance, penalties and transition
The formal non-compliance grounds market surveillance acts on, national penalties, and the transitional provision.
Article 43 — Formal non-compliance
Verbatim from EUR-Lex (Directive 2014/53/EU (RED) 02014L0053-20260530), via the Publications Office Cellar API.
1. Without prejudice to Article 40, where a Member State 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 Article 20 of this Directive;
- (b) the CE marking has not been affixed;
- (c) the identification number of the notified body, where the conformity assessment procedure set out in Annex IV is applied, has been affixed in violation of Article 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 Article 3a(2), or the label as referred to in Article 10(8), has not been drawn up correctly;
- (fb) the label as referred to in Article 10(8) does not accompany the radio equipment concerned;
- (fc) the pictogram or the label is not affixed or displayed in accordance with Article 3a(2) or Article 10(8), respectively;
- (g) the information referred to in Article 10(6) or (7) or Article 12(3) is absent, false or incomplete;
- (h) the information referred to in Article 10(8), the EU declaration of conformity referred to in Article 10(9) or the information on usage restrictions referred to in Article 10(10) does not accompany the radio equipment;
- (i) requirements on identification of economic operators set out in Article 15 are not fulfilled;
- (j) Article 3a(1) or Article 5 is not complied with.
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit corresponding radio equipment being made available on the market or ensure that it is withdrawn or recalled from the market.
Article 46 — Penalties
Verbatim from EUR-Lex (Directive 2014/53/EU (RED) 02014L0053-20260530), via the Publications Office Cellar API.
Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements.
The penalties provided for shall be effective, proportionate and dissuasive.
Article 48 — Transitional provisions
Verbatim from EUR-Lex (Directive 2014/53/EU (RED) 02014L0053-20260530), via the Publications Office Cellar API.
Member States shall not impede, for the aspects covered by this Directive, the making available on the market or putting into service of radio equipment covered by this Directive which is in conformity with the relevant Union harmonisation legislation applicable before 13 June 2016 and which was placed on the market before 13 June 2017.
Sources
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