Regulation (EU) 2024/2847 · Chapter
Article 58 — Formal non-compliance
Formal non-compliance: the paperwork enforcement track.
LAW Official text — verbatim from the Official Journal snapshot; only the Official Journal is authentic.
1.1. Where the market surveillance authority of a Member State makes one of the following findings, it shall require the relevant manufacturer to put an end to the non-compliance concerned:
(a) the CE marking has been affixed in violation of Articles 29 and 30;
(b) the CE marking has not been affixed;
(c) the EU declaration of conformity has not been drawn up;
(d) the EU declaration of conformity has not been drawn up correctly;
(e) the identification number of the notified body which is involved in the conformity assessment procedure, where applicable, has not been affixed;
(f) the technical documentation is either not available or not complete.
2.2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product with digital elements from being made available on the market or ensure that it is recalled or withdrawn from the market.
sha256:27b7c6c64c773001… · CELEX 32024R2847What this article does
Article 58 is the tidy-up provision for defects that are formal rather than technical: CE marking affixed wrongly or missing F-027, declaration of conformity absent or incorrect F-021, technical documentation incomplete or unavailable. The market surveillance authority has the relevant manufacturer end the non-compliance; where it persists, the product's availability gets restricted or the product recalled F-047.
The lesson in it
Formal defects are among the easiest findings for an authority to make — no lab needed, just a checklist. Which makes them the least dignified way to lose market access: everything hard done right, undone by a missing document.
Verified facts this page relies on
- F-027 CE marking is affixed visibly, legibly and indelibly to the product, or where not possible to the packaging or the declaration of conformity/accompanying documents; for software, on the declaration of conformity or the website accompanying the product. Art. 29–30
- F-021 EU declaration of conformity (Annex V) and simplified declaration (Annex VI). Art. 28, Art. 13(12), (20), Annex V, Annex VI
- F-047 Market surveillance authorities may require corrective action, restriction, withdrawal or recall for non-compliant products. Chapter V (Arts. 52–60)
Facts are maintained and human-verified in the CEMarque Facts Table (v2026.09.4, verified 2026-09-10).
Editorial review: Claude (AI reviewer, delegated by the editor), 2026-10-08. Methodology and correction process: how this site works.