# Council Directive of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (89/686/EEC), Article 7

Extent: E+W+S+N.I.

1. If a Member State discovers that PPE bearing the CE markingand used in accordance with its intended purpose could compromise the safety of individuals, domestic animals or property, it shall take all necessary measures to remove that equipment from the market and prohibit the marketing or free movement thereof.
The Member State concerned shall immediately inform the Commission of such action, indicating the reasons for its decision and, in particular, stating whether non-conformity is due to:
(a) failure to comply with the basic requirements referred to in Article 3;
(b) the unsatisfactory application of the standards referred to in Article 5;
(c) a shortcoming in the standards referred to in Article 5.
2. The Commission shall initiate discussions with the parties concerned as soon as possible. If, after such consultation, the Commission decides that the action taken was justified, it shall immediately inform the Member State concerned and all the other Member States to that effect. If, after such consultation, the Commission decides that the action taken was not justified, it shall immediately inform the Member State concerned and the manufacturer or his authorized representative established in the Community to that effect. If the decision referred to in paragraph 1 is in response to a shortcoming in the standards, the Commission shall refer the matter to the Committee referred to in Article 6 (1) if the Member State concerned intends to adhere to its decision and shall initiate the procedure referred to in Article 6 (2).
3. If PPE which is not in conformity with the relevant requirements bears the CE marking, the Member State concerned shall take the appropriate measures with regard to those responsible for affixing the mark and shall inform the Commission and the other Member States accordingly.
4. The Commission shall ensure that the Member States are kept informed of the progress and results of the procedure provided for in this Article.

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Source: https://www.legislation.gov.uk/eudr/1989/686/article/7 (the official version)
Page: https://openlegislation.uk/eu-directive-1989-686/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.