Measures in cases of formal non-compliance of products

(1) Where the market surveillance authority establishes formal non-compliance, it calls on the economic operator to remedy the formal non-compliance within a reasonable period. Section 22(2), second sentence applies accordingly.
(2) Formal non-compliance exists where 1. the CE marking has not been affixed, or has been affixed without complying with the requirements of section 19, 2. the EU declaration of conformity under section 18 has not been drawn up, or has not been properly drawn up, 3. the technical documentation is not available or is incomplete, 4. the particulars of the manufacturer under section 7(2) or of the importer under section 10(1) are missing, incorrect or incomplete, or 5. another formal obligation under section 6, 7, 9 or 10 is not met.
(3) Where the economic operator does not take appropriate measures to bring about conformity within the period set under subsection (1), the market surveillance authority must take appropriate measures to restrict the making available of the product on the market, or must prohibit its being made available on the market until conformity has been brought about. Section 22(2), second sentence and (4), fourth and fifth sentences apply accordingly.