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GM1 21L.B.22 Enforcement measures

ED Decision 2023/013/R

(a) GENERAL

Decisions on the suspension or revocation of a certificate, approval, and registration and deregistration of a declaration of design compliance or declaration of design or production capability will always be actioned in such a way as to comply with any applicable national laws or regulations related to appeal rights and the conduct of appeals.

In case of Agency decisions, as competent authority, the rules for appeal are included in Regulation (EU) 2018/1139.

(b) LIMITATION

A limitation is an amendment to a certificate, approval, or to a registration of a declaration of design compliance or declaration of design or production capability that partially limits the activities of the organisation.

(c) SUSPENSION OF CERTIFICATES AND APPROVALS

A suspension is a temporary withdrawal of a natural or legal person’s (‘organisation’s’) ability to conduct their activities under a certificate or an approval. No activities that invoke the certificate or approval may take place while the suspension is in force. The normal activities of the natural or legal person may be reinstated when the circumstances that caused the suspension are corrected and the natural or legal person can once again demonstrate full compliance with the applicable requirements.

(d) DEREGISTRATION OF DECLARATIONS

In the case of declarations, point 21L.B.22 provides that a declaration may be temporarily or permanently deregistered. No activities that invoke the declaration may take place while the declaration is deregistered. The normal activities of the natural or legal person may be reinstated when the circumstances that caused the deregistration are corrected and the natural or legal person can once again demonstrate full compliance with the applicable requirements.