21The Commission also rejects the argument that the BAM does not intervene as a notified body within the meaning of Article 10 of Directive 2007/23, but rather as a market surveillance authority within the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ 2008 L 218, p. 30) and therefore the notification procedure cannot be assessed in the light of Directive 2007/23. Even if the BAM were to be regarded as acting as a market surveillance authority, it would not be entitled to impose an additional procedure which is contrary to the free movement of pyrotechnic articles. In any event, according to the Commission, Directive 2007/23 governs both market access and market surveillance, with Article 14(4) of that directive stating that Member States are to perform surveillance of the market of pyrotechnic articles ‘taking due account of the presumption of the conformity of products bearing a CE marking’.
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