Duties of the market surveillance authority and the Federal Institute for Occupational Safety and Health in cases of non-compliance of products not confined to German territory

(1) Where the market surveillance authority, following its examination under section 22(1), takes the view that the products objected to are also made available on the market in other Member States of the European Union, it immediately informs the Federal Institute for Occupational Safety and Health. It also informs the Federal Institute for Occupational Safety and Health of the outcome of the examination under section 22(1) and of the measures it has called on the economic operator to take.
(2) Where the market surveillance authority takes measures under section 22(4), it immediately informs the Federal Institute for Occupational Safety and Health of the measures taken. That information includes all available particulars, in particular the data needed to identify the product concerned, the origin of the product, the nature of the alleged non-compliance, the nature and duration of the measures taken, and the arguments put forward by the economic operator concerned. That information also states whether the alleged non-compliance is due to 1. the product not meeting the accessibility requirements of the statutory instrument to be issued under section 3(2), or 2. shortcomings in the harmonised standards or technical specifications the compliance with which gives rise to a presumption of conformity under sections 4 and 5.
(3) The Federal Institute for Occupational Safety and Health checks the information received under subsections (1) and (2) for completeness and coherence. It forwards that information immediately to the European Commission and the other Member States of the European Union.
(4) The market surveillance authority lifts the reservation of revocation under section 22(5) where 1. the period of three months under Article 20(7) of Directive (EU) 2019/882 has elapsed without a Member State of the European Union having raised objections to the measures, or 2. the European Commission has determined, under Article 21(1) of Directive (EU) 2019/882, that the measures are justified.
(5) The market surveillance authority revokes the measures taken under section 22(4) where the European Commission determines, under Article 21(1) of Directive (EU) 2019/882, that the measures are not justified.