5.3 第4条への不適合

Given that the aim of Article 4 is mainly to facilitate checks on compliance documents, the absence of the name and contact details of the economic operator referred to in Article 4 is problematic, as it hampers market surveillance. It is also an indication that the product may not be meant for the EU market and/or may not comply with EU rules.

Therefore, where market surveillance authorities find, in the course of their investigations, that the name and contact details of the economic operator referred to in Article 4 are missing, they should require the relevant economic operator (48) to take corrective action. They also have the power to impose penalties (Article 14(4)(i) of the Regulation).

The same applies where the name and contact details of the economic operator referred to in Article 4 are indicated on or with a product, but the authorities find, in the course of their investigation, that these are false, e.g. the address does not exist or no such operator exists at the address.

The requirement to indicate the name and contact details of the economic operator referred to in Article 4 is not intended as the main object of an investigation. However, market surveillance authorities could take specific action in this area in the context of awareness-raising on it, possibly through EU-wide joint actions.

As mentioned in Section 3, the economic operator referred in Article 4 itself can be sanctioned if it does not comply with its obligations, and in particular if it does not cooperate (Article 41(1) of the Regulation). Any penalties have to be effective, proportionate and dissuasive (Article 41(2) of the Regulation).