Duties of the market surveillance authority regarding measures of other Member States, for products that infringe accessibility requirements

(1) Where the market surveillance authority is informed by the Federal Institute for Occupational Safety and Health that another Member State has taken a measure under Article 20(4) of Directive (EU) 2019/882, it immediately examines whether that measure is justified. The market surveillance authority informs national economic operators of the other Member State's measure in a suitable manner and gives them the opportunity to comment. The period for comment is four weeks from when the opportunity to become aware of the measure arose.
(2) Where the market surveillance authority concludes that the measure is not justified, it immediately communicates its objections to the Federal Institute for Occupational Safety and Health under Article 20(6) of Directive (EU) 2019/882. The Federal Institute for Occupational Safety and Health immediately forwards those objections to the European Commission and the other Member States.
(3) Where neither the European Commission nor any Member State of the European Union raises objections within a period of three months, the measure is deemed justified. In that case, the market surveillance authority takes appropriate measures to restrict the product's being made available on the market, or prohibits its being made available on the market, or ensures that the product is withdrawn or recalled. The market surveillance authority makes the measures publicly known in a suitable manner.
(4) Subsection (3) also applies in cases where the European Commission has determined, under Article 21(1) of Directive (EU) 2019/882, that the measure of another Member State is justified.