Article 47 — Formal non-compliance

1. Without prejudice to Article 45, where a market surveillance authority makes one of the following findings with regard to a toy, 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 17 or 18; (b) the CE marking has not been affixed; (c) the digital product passport has not been drawn up in accordance with Article 19; (d) the data carrier through which the digital product passport is accessible has not been affixed in accordance with Article 19(7); (e) the technical documentation referred to in Article 27 is either not available or not complete. 2. Where the non-compliance referred to in paragraph 1 persists, the market surveillance authority concerned shall take appropriate measures to restrict or prohibit the making available on the market of the toy, or ensure that the toy is recalled or withdrawn from the market.