S.L. 627.3 Art. 21Union safeguard procedure.

Where, on completion of the procedure set out in regulation 20(3) and (4), objections are raised against a measure taken by a Member State and, having reasonable evidence to suggest that a national measure is contrary to Union law, the Commission enters into consultation with the Member States and the relevant economic operator, to evaluate the national measure, and decides whether said national measure is justified or not, after the Commission would have communicated its decision to all Member States and to the relevant economic operator:

(i) where the national measure is considered justified, the market surveillance authority shall take the measures necessary to ensure that the non-compliant product is withdrawn from the market, and shall inform the Commission accordingly;

(ii) where the national measure is considered unjustified, the market surveillance authority shall withdraw the measure;

(iii) where the national measure is considered justified and the non-compliance of the product is attributed to shortcomings in the harmonised standards referred to in paragraph (b) of regulation 20(5), the Commission shall apply the procedure provided for in article 11 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/ 23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council;

(iv) where the national measure is considered justified ACT)

and the non-compliance of the product is attributed to shortcomings in the technical specifications referred to in paragraph (b) of regulation 20(5), the Commission shall, without delay, adopt implementing acts amending or repealing the technical specification concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2) of the Directive.