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5.
Within its own territory, the Member State in which the
material or article is marketed may, in accordance with the rules
of the Treaty, stipulate that those labelling particulars shall be
given in one or more languages which it shall determine from
among the official languages of the Community.
6.
Paragraphs 4 and 5 shall not preclude the labelling particu-
lars from being indicated in several languages.
7.
At the retail stage, the information required under para-
graph 1 shall be displayed on:
(a) the materials and articles or on their packaging;
or
(b) labels affixed to the materials and articles or to their
packaging;
or
(c) a notice in the immediate vicinity of the materials and articles
and clearly visible to purchasers; for the information referred
to in paragraph 1(c), however, this option shall be open only
if, for technical reasons, that information or a label bearing it
cannot be affixed to the materials and articles at either the
manufacturing or the marketing stage.
8.
At the marketing stages other than the retail stage, the infor-
mation required by paragraph 1 shall be displayed on:
(a) the accompanying documents;
or
(b) the labels or packaging;
or
(c) the materials and articles themselves.
9.
The information provided for in paragraph 1(a), (b) and (e)
shall be confined to materials and articles which comply with:
(a) the criteria laid down in Article 3 and, where they apply,
Article 4;
and
(b) the specific measures referred to in Article 5 or, in their
absence, with any national provisions applicable to these
materials and articles.
Article 16
Declaration of compliance
1.
The specific measures referred to in Article 5 shall require
that materials and articles covered by those measures be accom-
panied by a written declaration stating that they comply with the
rules applicable to them.
Appropriate documentation shall be available to demonstrate
such compliance. That documentation shall be made available to
the competent authorities on demand.
2.
In the absence of specific measures, this Regulation shall not
prevent Member States from retaining or adopting national pro-
visions for declarations of compliance for materials and articles.
Article 17
Traceability
1.
The traceability of materials and articles shall be ensured at
all stages in order to facilitate control, the recall of defective prod-
ucts, consumer information and the attribution of responsibility.
2.
With due regard to technological feasibility, business opera-
tors shall have in place systems and procedures to allow identifi-
cation of the businesses from which and to which materials or
articles and, where appropriate, substances or products covered
by this Regulation and its implementing measures used in their
manufacture are supplied. That information shall be made avail-
able to the competent authorities on demand.
3.
The materials and articles which are placed on the market
in the Community shall be identifiable by an appropriate system
which allows their traceability by means of labelling or relevant
documentation or information.
Article 18
Safeguard measures
1.
When a Member State, as a result of new information or a
reassessment of existing information has detailed grounds for
concluding that the use of a material or article endangers human
health, although it complies with the relevant specific measures,
it may temporarily suspend or restrict application of the provi-
sions in question within its territory.
It shall immediately inform the other Member States and the
Commission and give reasons for the suspension or restriction.
L 338/12
EN
Official Journal of the European Union
13.11.2004