1.Without prejudice to Article 39, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:
(a)the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 20 of this Directive;
(b)the CE marking has not been affixed;
(c)the identification number of the notified body, where that body is involved in the production control phase, has been affixed in violation of Article 20 or has not been affixed;
(d)the EU declaration of conformity has not been drawn up;
(e)the EU declaration of conformity has not been drawn up correctly;
(f)technical documentation is either not available or not complete;
(g)the information referred to in Article 8(6) or Article 12(3) is absent, false or incomplete;
(h)any other administrative requirement provided for in Article 8 or Article 12 is not fulfilled.
2.Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the pyrotechnic article being made available on the market or ensure that it is recalled or withdrawn from the market.