Article 39 Compliant appliances or fittings which present a risk

Where, having carried out an evaluation under Article 37(1), F1the enforcement authority finds that although an appliance or fitting is in compliance with this Regulation, it presents a risk to the health or safety of persons or to domestic animals or property, it shall require the relevant economic operator to take all appropriate measures to ensure that the appliance or fitting concerned, when placed on the market, no longer presents that risk, to withdraw the appliance or fitting from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.

The economic operator shall ensure that corrective action is taken in respect of all the appliances or fittings concerned that he has made available on the market F2....

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