Formal non-compliance
Article 45
1. Without prejudice to Article 42, 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 or the supplementary metrology marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 22 of this Directive; (b) the CE marking or the supplementary metrology marking has not been affixed; (c) the identification number of the notified body, where that body is involved in the production control phase, has been affixed in violation of Article 22 or has not been affixed; (d) the EU declaration of conformity does not accompany the measuring instrument; (e) the EU declaration of conformity has not been drawn up correctly; (f) technical documentation is either not available or not complete. (g) the information referred to in Article 8(6) or Article 10(3) is absent, false or incomplete; (h) any other administrative requirement provided for in Article 8 or Article 10 is not fulfilled. 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to restrict or prohibit the measuring instrument being made available on the market or ensure that it is recalled or withdrawn from the market.