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Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance) article 43 CELEX: 02023R1230-20230629 Procedure at national level for dealing with products within the scope of this Regulation presenting a risk
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a product within the scope of this Regulation presents a risk to the health or safety of persons, and, where appropriate, domestic animals or property, and, where applicable, to the environment, they shall carry out an evaluation in relation to the product concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose. |
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance) article 43 CELEX: 02023R1230-20230629 5. The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product within the scope of this Regulation, the origin of that product, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to any of the following: (a) the failure of the product to meet the requirements relating to the essential health and safety requirements set out in Annex III; (b) shortcomings in the harmonised standards referred to in Article 20(1); (c) shortcomings in the common specifications referred to in Article 20(6). |
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance) article 43 CELEX: 02023R1230-20230629 Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the product within the scope of this Regulation does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective action, as provided for in Article 16(3) of Regulation (EU) 2019/1020, to bring the non-compliance to an end or to eliminate hazards or, if that is not possible, minimise the risk specified by the market surveillance authorities within a reasonable period which is commensurate with the nature of the risk referred to in the first subparagraph.
The market surveillance authorities shall inform the relevant notified body accordingly. 2. Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take. |
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance) article 43 CELEX: 02023R1230-20230629 3. The economic operator shall ensure that all appropriate corrective action is taken in respect of the products within the scope of this Regulation concerned that the economic operator has made available on the market, throughout the Union. 4. Where the relevant economic operator does not take the corrective action referred to in paragraph 1, second subparagraph, within the specified period or where the non-compliance, referred to in paragraph 1, second subparagraph, or the risk referred to in paragraph 1, first subparagraph, persists, the market surveillance authorities shall ensure that the product concerned is withdrawn or recalled, or that making it available on the market is prohibited or restricted. In such cases, the market surveillance authorities shall ensure that the public, the Commission and the other Member States are informed accordingly, without delay. |
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance) article 43 CELEX: 02023R1230-20230629 6. Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the product within the scope of this Regulation concerned, and, in the event of disagreement with the adopted national measure, of their objections. 7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed to be justified. 8. Member States shall ensure that appropriate restrictive measures, such as withdrawal of the product, are taken in respect of the product within the scope of this Regulation concerned without delay. |