Member States market surveillance authorities have the powers to investigate the compliance of any product made available on the Union market. In order to do so, they can require economic operators to provide the technical documentation and other relevant information demonstrating compliance. They can also obtain samples and carry out the necessary physical checks on the products.
In case of non-compliance, they can require the economic operator to take necessary actions such as bringing the product into compliance, preventing the product from being made available on the market or withdrawing or recalling the product. Their powers includes the adoption of effective, proportionate and dissuasive sanctions, where appropriate.
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.