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1. Market surveillance authorities shall conduct their activities in order to ensure the following:

(a) effective market surveillance within their territory of products made available online and offline with respect to products that are subject to Union harmonisation legislation;

(b) the taking by economic operators of appropriate and proportionate corrective action in relation to compliance with that legislation and this Regulation;

(c) the taking of appropriate and proportionate measures where the economic operator fails to take corrective action.

2. Market surveillance authorities shall exercise their powers and carry out their duties independently, impartially and without bias.

3. Market surveillance authorities, as part of their activities set out in paragraph 1 of this Article, shall perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks based on adequate samples, prioritising their resources and actions to ensure effective market surveillance and taking into account the national market surveillance strategy referred to in Article 13. In deciding on which checks to perform, on which types of products and on what scale, market surveillance authorities shall follow a risk-based approach taking into account the following factors:

(a) possible hazards and non-compliance associated with the products and, where available, their occurrence on the market;

(b) activities and operations under the control of the economic operator;

(c) the economic operator's past record of non-compliance;

(d) if relevant, the risk profiling performed by the authorities designated under Article 25(1);

(e) consumer complaints and other information received from other authorities, economic operators, media and other sources that might indicate non-compliance.

4. The Commission, after consulting the Network, may adopt implementing acts determining the uniform conditions of checks, criteria for determination of the frequency of checks and amount of samples to be checked in relation to certain products or categories of products, where specific risks or serious breaches of applicable Union harmonisation legislation have been continuously identified, in order to ensure high level of protection of health and safety or other public interests protected by that legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).

5. Where economic operators present test reports or certificates attesting the conformity of their products with Union harmonisation legislation issued by a conformity assessment body accredited in accordance with Regulation (EC) No 765/2008, market surveillance authorities shall take due account of those reports or certificates.

6. Evidence that is used by a market surveillance authority in one Member State may be used as part of investigations to verify product compliance carried out by market surveillance authorities in another Member State, without any further formal requirements.

7. Market surveillance authorities shall establish the following procedures in connection with products subject to the Union harmonisation legislation:

(a) procedures for following up on complaints or reports on issues relating to risks or non-compliance;

(b) procedures for verifying that the corrective action that was to be taken by economic operators has been taken.

8. With a view to ensuring communication and coordination with their counterparts in other Member States, market surveillance authorities shall actively participate in administrative cooperation groups (ADCOs) as referred to in Article 30(2).

9. Without prejudice to any Union safeguard procedure pursuant to the applicable Union harmonisation legislation, products that have been deemed to be non-compliant on the basis of a decision of a market surveillance authority in one Member State shall be presumed to be non-compliant by market surveillance authorities in other Member States, unless a relevant market surveillance authority in another Member State concluded the contrary on the basis of its own investigation, taking into account the input, if any, provided by an economic operator.