Regulation 25 Formal non-compliance
Where the Executive has made a finding under paragraph (1) of Article 43 of Regulation 2016/424/EU and has required the relevant economic operator to put an end to the non-compliance concerned but that non-compliance persists, the Executive must serve a notice on the relevant economic operator—
prohibiting or restricting the subsystem or safety component from being made available on the market; or
requiring it to withdraw or recall the subsystem or safety component from that market.
A notice served under paragraph (1) must be in writing and must specify the date by which the relevant economic operator must comply with it.
Any notice served under paragraph (1) may be withdrawn by the Executive serving written notice on the relevant economic operator.
Where a notice has been served on a relevant economic operator under paragraph (1), the relevant economic operator must comply with it.
In this regulation, a “relevant economic operator” means any economic operator who has placed or made available, or who is proposing to place or make available on the market, a subsystem or safety component in relation to which there has been a finding of non-compliance as referred to in paragraph (1).