Recall of engines
Article 40
1. Where a manufacturer that has been granted an EU type-approval is obliged, pursuant to Article 20(1) of Regulation (EC) No 765/2008, to recall engines placed on the market, whether or not the engines are installed in non-road mobile machinery, on the basis that the engines represent a serious risk with regard to the protection of the environment or public health, that manufacturer shall: (a) immediately inform the approval authority that granted the EU type-approval; and (b) propose a set of appropriate remedies to address the serious risk to that approval authority. 2. The approval authority shall communicate the proposed remedies to the approval authorities of the other Member States and to the Commission without delay. The approval authorities shall ensure that the remedies are effectively implemented in their respective Member States. 3. Where an approval authority considers that the remedies are insufficient or have not been implemented quickly enough, it shall, without delay, inform the approval authority that granted the EU type-approval thereof. Where the manufacturer does not subsequently propose and implement effective corrective measures, the approval authority which granted the EU type-approval shall take all protective measures required, including the withdrawal of the EU type-approval. In the case of withdrawal of the EU type-approval, the approval authority shall, within one month of that withdrawal, notify the manufacturer, the approval authorities of the other Member States and the Commission thereof by registered letter or equivalent electronic means.