Formal non-compliance
Article 40
1. Without prejudice to Article 37, 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 violation of Article 30 of Regulation (EC) No 765/2008 or of Article 17 of this Regulation; (b) the CE marking has not been affixed; (c) the inscriptions referred to in Annex IV have not been affixed or have been affixed in violation of Article 18; (d) the identification number of the notified body involved in the production control phase has been affixed in violation of Article 17 or has not been affixed; (e) the EU declaration of conformity has not been drawn up or has not been drawn up correctly; (f) a copy of the EU declaration of conformity does not accompany the fitting; (g) the technical documentation is either not available or not complete; (h) the information referred to in Article 7(6) or Article 9(3) is absent, false or incomplete; (i) any other administrative requirement provided for in Article 7 or Article 9 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to restrict or prohibit the appliance or fitting being made available on the market or ensure that it is recalled or withdrawn from the market.