If the economic operator cannot provide technical documentation requested for assessment of the conformity, is the product considered non-compliant?

Upon inspection of the documents related to the product, a market surveillance authority can declare a product non-compliant without testing it if the technical documentation or the absence of it does not provide evidence that the product complies with the relevant requirements .

_{Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.}