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Recital 53

Recital 53

(53)If the economic operators fail to comply with the decision of the lead competent authority by the end of the established timeframe, the competent authorities should ensure that the products concerned are prohibited from being placed or made available on the Union market, or from being exported or are withdrawn from the Union market and that any perishable products remaining with the relevant economic operators are donated to charitable or public interest causes. Competent authorities should ensure that non-perishable products are recycled, or, if that is not possible, that they are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law, consistent with Union law, including Union law on waste management and on ecodesign for sustainable products at the expense of the economic operators. Where possible, competent authorities should ensure that the disposal or destruction method chosen from all of the available options has the smallest environmental impact possible. Competent authorities of Member States should be responsible for the enforcement of decisions in their own territory, including decisions adopted by the Commission. After a decision is communicated via the ICSMS, all competent authorities concerned with that decision should proceed with the relevant enforcement actions provided for in this Regulation.

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