If a change in the product characteristics is found and the product is turned into an unsafe product as a result of normal use, based on the controls set forth in Article (4) above, the supplier shall withdraw and recall the products from the market according to the following: 1. Products shall be withdrawn or recalled from the market when they are found unsafe, particularly the following products: a. Products confirmed to be hazardous due to design or manufacture defects. b. Products found and subsequently confirmed that they do not fulfill the standards and requirements of a safe product. c. Products not in conformity to legislation and standards related to the product. d. Products not in conformity to the applicable legislation in the State, such as not using quality labels or signs, product labels or required energy efficiency labels, for which adequate remedial actions have not been taken by the relevant suppliers or manufacturers. 2. If the competent authority finds an unsafe product is put on markets, based on market survey procedures, it shall obligate the supplier to withdraw or recall such product. 3. The supplier may withdraw or recall the product if found that the product preventative mea sures against potential risks are inadequate, and where the supplier deems such withd rawal or recall is necessary, provided that the final approval of the withdrawal and recall falls within the Ministry's competence. 4. If unsafe products are reported, the c ompetent authority shall verify the product through the external examination thereof, taking and testing samples in an accredited lab or making a risk analysis for the product to verify the risk thereof. If it is established that the product is unsafe and constitutes a high risk, the supplier shall withdraw or recall it at the request of the competent authority, pursuant to the provisions of the Law and the present Resolution. 5. If the supplier fulfills remedial actions of the product that has been withdrawn or recalled and wishes to re-trade the product, the supplier shall: a. Provide full information on the remedial action that has been taken. b. Provide a new risk assessment report on the product after the remedial action, provided that it is issued by an Approved Entity. c. Provide a report indicates that the product fulfill s the conformity requirements according to the report.
Interpretation and application must be checked against the official text and current version.