Article 21 Restrictive measures

F1Market surveillance authorities must ensure that any measure taken, pursuant to F2any relevant enactment, to prohibit or restrict the product's being made available on the market, to withdraw it from the market or to recall it, is proportionate and states the exact grounds on which it is based.

Such measures F3must be communicated without delay to the relevant economic operator, which must at the same time be informed of the F4legal remedies available F5... and of the time limits to which such remedies are subject.

Prior to the adoption of a measure referred to in paragraph 1, the economic operator concerned F6must be given the opportunity to be heard within an appropriate period of not less than 10 days, unless such consultation is not possible because of the urgency of the measure to be taken, as justified by health or safety requirements or other grounds relating to the public interests covered by F7any of the relevant enactments. If action has been taken without the operator's being heard, the operator must be given the opportunity to be heard as soon as possible and the action taken must be reviewed promptly thereafter.

Any measure referred to in paragraph 1 F8must be promptly withdrawn or amended upon the economic operator's demonstrating that he has taken effective action.