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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 45 CELEX: 02023R1230-20230629 Compliant products within the scope of this Regulation which present a risk
1. Where, having carried out an evaluation under Article 43(1), a Member State finds that although a product within the scope of this Regulation is in compliance with the essential health and safety requirements set out in Annex III, it presents a risk to the health and safety of persons and, where appropriate, domestic animals or to property, and, where applicable, to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the product concerned, when placed on the market, no longer presents that risk, to withdraw that product or to recall it within a reasonable period, commensurate with the nature of the risk. 2. The economic operator shall ensure that all appropriate corrective action is taken in respect of all the products within the scope of this Regulation concerned that the economic operator has made available on the market, throughout the Union. |
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 45 CELEX: 02023R1230-20230629 3. The Member State shall immediately inform the Commission and the other Member States about the product which presents a risk, as referred to in paragraph 1. That information shall include all available details, in particular the data necessary for the identification of the product concerned, the origin and the supply chain of that product, the nature of the risk involved and the nature and duration of the national measures taken. 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken.
On the basis of the results of that evaluation, the Commission shall adopt an implementing act in the form of a decision determining whether the national measure is justified or not and, where necessary, order appropriate measures.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 48(3). |
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 45 CELEX: 02023R1230-20230629 On duly justified imperative grounds of urgency relating to the protection of the health and safety of persons, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 48(4). 5. The Commission shall address its decision to all Member States and shall immediately communicate it to them and to the relevant economic operator or operators. |