Cyber Resilience Act (CRA)
Table of Contents
Chapter I – GENERAL PROVISIONS
Chapter II – OBLIGATIONS OF ECONOMIC OPERATORS AND PROVISIONS IN RELATION TO FREE AND OPEN-SOURCE SOFTWARE
Chapter III – CONFORMITY OF THE PRODUCT WITH DIGITAL ELEMENTS
Chapter IV – NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
Chapter V – MARKET SURVEILLANCE AND ENFORCEMENT
Chapter VI – DELEGATED POWERS AND COMMITTEE PROCEDURE
Chapter VII – CONFIDENTIALITY AND PENALTIES
Chapter VIII – TRANSITIONAL AND FINAL PROVISIONS
Recitals (130)
Annexes
Chapter V – MARKET SURVEILLANCE AND ENFORCEMENT
Article 58
Formal non-compliance
Formal non-compliance
1. Where the market surveillance authority of a Member State makes one of the following findings, it shall require the relevant manufacturer to put an end to the non-compliance concerned:
(a) the CE marking has been affixed in violation of Articles 29 and 30;
(b) the CE marking has not been affixed;
(c) the EU declaration of conformity has not been drawn up;
(d) the EU declaration of conformity has not been drawn up correctly;
(e) the identification number of the notified body which is involved in the conformity assessment procedure, where applicable, has not been affixed;
(f) the technical documentation is either not available or not complete.
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product with digital elements from being made available on the market or ensure that it is recalled or withdrawn from the market.