Market surveillance measures for products that do not meet the accessibility requirements

(1) Where the market surveillance authority has reason to believe that a product does not meet the accessibility requirements of the statutory instrument to be issued under section 3(2), it examines whether the product meets those requirements. The economic operators are obliged to cooperate fully with the market surveillance authority for that purpose.
(2) Where the market surveillance authority concludes that the product does not meet the accessibility requirements of the statutory instrument to be issued under section 3(2), it must immediately call on the economic operator concerned to take, within a reasonable period set by the authority, the appropriate measures to bring about conformity. For the hearing of the economic operator concerned under section 28 of the Administrative Procedure Act, or under the corresponding hearing provisions of the Länder, the period for the hearing must not be less than ten days.
(3) The economic operator must ensure that the measures it takes to bring about conformity extend to all affected products it has made available on the market of the European Union.
(4) Where the economic operator does not take appropriate measures to bring about conformity within the period set under subsection (2), first sentence, the market surveillance authority must take the appropriate measures to restrict the making available of the product on the German market, or it must prohibit its being made available on the market, or ensure that the product is withdrawn or recalled. Where no economic operator is established in the internal market, the measures may be directed against any person supplying the product on behalf of the economic operator. Subsection (2), second sentence applies accordingly. Where a measure has been taken without the economic operator concerned having been heard, it must without delay be given the opportunity to comment. The measure must be reviewed promptly in light of any comments made.
(5) Where the market surveillance authority has reason to believe that non-compliance established under subsection (2) is not confined to German territory, it takes the measures under subsection (4) subject to the proviso that they are revoked where the European Commission determines, under Article 21(1) of Directive (EU) 2019/882, that the measures are not justified.