# Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Text with EEA relevance), Article 59: Formal non-compliance

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

1. Without prejudice to Article 56, where a market surveillance authority makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
(a) the UK marking has been affixed in breach of Article 8 or 9;
(b) the UK marking has not been affixed, when required, in accordance with Article 8(2);
(c) without prejudice to Article 5, the declaration of performance has not been drawn up, when required, in accordance with Article 4;
(d) the declaration of performance has not been drawn up in accordance with Articles 4, 6 and 7;
(e) the technical documentation is either not available or not complete.
2. Where the non-compliance referred to in paragraph 1 continues, the market surveillance authority shall take all appropriate measures to restrict or prohibit the making available on the market of the construction product or ensure that it is recalled or withdrawn from the market.

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Source: https://www.legislation.gov.uk/eur/2011/305/article/59 (the official version)
Page: https://openlegislation.uk/eu-regulation-2011-305/article-59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.