Topic
Market surveillance
Who enforces the Regulation, and with what.
Market surveillance authorities are the enforcement arm: for non-compliant products they may demand corrective action, restrict or prohibit availability, and order withdrawal or recall F-047. Behind them stands Article 64's financial ceiling — up to EUR 15,000,000 or 2.5% of total worldwide annual turnover, whichever is higher, for non-compliance with the Annex I essential requirements or the Article 13 and 14 obligations F-033.
How enforcement actually arrives
In practice, complaints, competitor reports, security research and incident coverage are plausible entry points. The procedural chapter — evaluation at national level, Union-level escalation, formal non-compliance handling — turns those signals into decisions.
The cheap insurance
Authorities can make a reasoned request for the information and documentation needed to demonstrate conformity (Article 13(22)), and the technical documentation is kept at their disposal for at least ten years after placing on the market or for the support period, whichever is longer F-016. A technical file that is current and retrievable makes that request straightforward to answer.
Verified facts this page relies on
- F-047 Market surveillance authorities may require corrective action, restriction, withdrawal or recall for non-compliant products. Chapter V (Arts. 52–60)
- F-033 Fines up to EUR 15,000,000 or 2.5% of total worldwide annual turnover, whichever is higher (essential requirements in Annex I; obligations in Arts. 13 and 14); up to EUR 10,000,000 or 2% (other listed obligations, incl. Arts. 18–23, 28, 30, 31, 32); up to EUR 5,000,000 or 1% (incorrect, incomplete or misleading information to notified bodies or authorities). Microenterprises and small enterprises are not fined for missing the 24-hour early-warning deadline; open-source software stewards are not subject to fines. Art. 64(2)–(4), (10)
- F-016 Technical documentation (Annex VII) is drawn up before placing on the market and kept, with the EU declaration of conformity, for at least ten years after placing on the market or the support period, whichever is longer. Art. 13(12)–(13), Art. 31
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.
Related in the reference
- Article 52 — Market surveillance and control of products with digital elements in the Union market
- Article 64 — Penalties
- Topic: Technical documentation