Formal non-compliance
Article 59
1. Without prejudice to Article 56, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned: (a) the CE marking has been affixed in breach of Article 8 or 9; (b) the CE marking has not been affixed, when required, in accordance with Article 8(2); (c) without prejudice to Article 5, the declaration of performance has not been drawn up, when required, in accordance with Article 4; (d) the declaration of performance has not been drawn up in accordance with Articles 4, 6 and 7; (e) the technical documentation is either not available or not complete. 2. Where the non-compliance referred to in paragraph 1 continues, the Member State shall take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.