Free movement
1. Member States shall not, for reasons relating to information for recycling or recycled content of permanent magnets or for reasons relating to information on the environmental footprint of critical raw material covered by this Regulation, prohibit, restrict or impede the making available on the market or the putting into service of products incorporating permanent magnets or of critical raw materials that comply with this Regulation.
2. At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of products incorporating permanent magnets or of critical raw materials which do not comply with this Regulation, provided that a visible sign clearly indicates that such products or critical raw materials do not comply with this Regulation and that they cannot be made available on the market until they have been brought into conformity with it.
Conformity and market surveillance
1. Before placing a product covered by Article 28 or 29 on the market, the natural or legal persons responsible shall ensure that the applicable conformity assessment procedure has been carried out and that the required technical documentation has been drawn up. Where compliance of a product with the applicable requirements has been demonstrated by the conformity assessment procedure, the natural or legal persons responsible shall ensure that an EU declaration of conformity has been drawn up and the CE marking has been affixed.
2. The conformity assessment procedure for products covered by the requirements set out in Article 28 of this Regulation shall be the procedure set out in Annex IV to Directive 2009/125/EC, unless those products are also covered by the requirements set out in Article 29 of this Regulation, in which case the conformity assessment procedure shall be the procedure set out in the calculation and verification rules adopted pursuant to Article 29(2) of this Regulation.
3. This Article shall not apply to products covered by type approval pursuant to Regulation (EU) 2018/858 or (EU) No 168/2013.
Implementation and alignment with Union harmonisation legislation
The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement Articles 28, 29, 31 and 33 in order to:
(a)
establish requirements for the technical design and operation of the data carrier and unique product identifier referred to in Article 28(3) and (4);
(b)
refer to technical standards to be used in relation to the data carrier and unique product identifier referred to in Article 28(3) and (4);
(c)
establish rules for the inclusion of the unique product identifier referred to in Article 28(4) in registries relevant for market surveillance and customs controls;
(d)
establish requirements related to customs controls related to the data carrier and unique product identifier referred to in Article 28(3) and (4);
(e)
establish procedures for dealing with products presenting a risk at national level or formal non-compliance, as well as related safeguard procedures where objections are raised against the market surveillance measures taken;
(f)
establish requirements related to the EU declaration of conformity and general principles and rules and conditions for affixing CE marking.
Those delegated acts shall refer to or ensure alignment with other Union harmonisation legislation, in particular Directive 2009/125/EC, and shall take into account the need to limit the administrative burden while ensuring the effective implementation of Articles 28, 29 and 31 of this Regulation.
