The Notifying Authority decides on a conformity assessment body's application within 30 days and notifies it within 10 days
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Fact-level verified↗A conformity assessment body established in Cyprus applies to the Notifying Authority, composed of a representative of the Coordinating Authority and of the competent authority for the product, on the form published by the Minister. The Notifying Authority examines the application and decides within 30 days whether to approve or reject it; the decision is communicated to the applicant within 10 days of being taken and, if approved, notified to the European Commission within 30 days.
Conditions
- General national rule for notified-body approval under the Market Surveillance Law; for medical devices the designation assessment also follows the joint-assessment procedure and periods of MDR Articles 38–39 / IVDR Articles 34–35.
- Applications are accepted only from legal persons established in the Republic (Article 11(3)).
Effective from 2022-12-22
Greek source. Translation: '(4) The Notifying Authority examines the application of an interested conformity assessment body and decides within thirty (30) days whether to approve or reject it. (5)(a) The decision provided for in subsection (4) is communicated to the interested conformity assessment body within ten (10) days of its adoption. (b) Where the application is approved, the Notifying Authority notifies its decision to the Commission within thirty (30) days.' Revocation of an approval may be challenged by hierarchical appeal to the Minister within 30 days, decided within 60 days (Article 15).
Hierarchical appeal against administrative fines or cost recovery: 30 days to lodge, Minister decides within 90 days, court within 75 days
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Fact-level verified↗Any decision imposing an administrative fine and/or recovering costs under the Law may be challenged by hierarchical appeal to the Minister within 30 days of the interested person becoming aware of it. The Minister examines the appeal immediately, may hear the appellant, and notifies the decision, which may confirm, annul or amend the fine, within 90 days of the appeal being lodged; a person dissatisfied with that decision may apply to the Administrative Court within 75 days. Unpaid fines are recovered as a civil debt to the Republic.
Conditions
- Administrative fines under Article 30 of the Law are the sanction CYMDA's notices refer to for non-compliant devices; criminal offences under Article 33 are separate.
Effective from 2022-12-22
Greek source. Translation: '(1) Any decision imposing an administrative fine and/or recovering costs issued under this Law is subject to hierarchical appeal before the Minister within thirty (30) days of the date on which the interested person becomes aware of the decision. (3)(b) The Minister decides on every appeal as quickly as possible and notifies the decision to the appellant within ninety (90) days of the date the appeal was lodged. (5) A person not satisfied with the decision issued by the Minister under subsection (4) may apply, within seventy-five (75) days, to the Administrative Court.'
Hierarchical appeal against market-surveillance measures: 15 days to lodge, Minister decides within 60 days, court within 75 days
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Fact-level verified↗An interested person may lodge a hierarchical appeal to the Minister against a competent-authority decision imposing measures under Articles 24 and 25 within 15 days of notification of the measure. The Minister examines the appeal immediately, may hear the appellant, and notifies the decision, which may confirm, annul or amend the contested decision, within 60 days of the appeal being lodged. A person dissatisfied with the Minister's decision may apply to the Administrative Court within 75 days.
Conditions
- The 'Minister' under the Law is the Minister of Energy, Commerce and Industry (Article 2), even where the competent authority is CYMDA in the Ministry of Health.
- The Minister may require the operator to produce evidence within a set period and treat factual claims as inaccurate if it is not produced in time (Article 27(2)).
Effective from 2022-12-22
Greek source. Translation: '(1) An interested person may lodge a hierarchical appeal against a decision of the competent authority to take measures under Articles 24 and 25 before the Minister within fifteen (15) days of the date the measure is notified to the interested person. (3)(b) The Minister decides on every appeal as quickly as possible and notifies the decision to the appellant within sixty (60) days of the date the appeal was lodged. (5) A person not satisfied with the decision issued by the Minister under subsection (4) may apply within seventy-five (75) days to the Administrative Court.' The existing Article 146 constitutional-recourse fact records the general 75-day court route.
Restrictive market-surveillance measures are notified within 15 days and preceded by a hearing period of at least 10 working days
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Fact-level verified↗Measures taken by the competent authority under Part IV of the Law that restrict the making available or putting into service of products must be adequately reasoned and are notified to the economic operator within 15 days of the decision, with a statement of the remedies and their deadlines. Before a measure is applied the interested party may submit its views in writing or orally within the period set in the notice, which may not be shorter than 10 working days, except where the measure is taken urgently for public health, safety or other public-interest reasons, in which case the operator is heard as soon as possible and the measure is reviewed immediately.
Conditions
- Applies to CYMDA acting as competent authority for medical devices and IVDs under the Annex to the Law; the urgent-measure exception in Article 25 covers products presenting a serious risk.
Effective from 2022-12-22
Greek source. Translation: '(2) The measures provided for in subsection (1) are notified to the economic operator at the latest within fifteen (15) days of the decision, with reference to the judicial or other remedies available to challenge the competent authority's decision and the deadlines within which they must be exercised. (3) The interested party is entitled to submit its opinion in writing or orally before the competent authority prior to the application of the measure and within the period set in the notice, which may not be shorter than ten (10) working days, except in the case of urgent adoption of the measure for reasons of public health or safety and/or any other public-interest reasons as provided in the relevant legislation and/or Article 25 of this Law.'