TITLE-XV: TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 129: Safeguard clause
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| ARTICLE 129: | Safeguard clause |
1. Where a Member State has justifiable grounds for believing that urgent action is essential to protect human health or the
environment in respect of a substance, on its own, in a preparation or in an article, even if satisfying the requirements
of this Regulation, it may take appropriate provisional measures. The Member State shall immediately inform the Commission,
the Agency and the other Member States thereof, giving reasons for its decision and submitting the scientific or technical information on which the provisional
measure is based.
2. The Commission shall take a decision in accordance with the procedure referred to in Article 133(3) within 60 days of receipt of the information from the Member State. This decision shall either:
(a) authorise the provisional measure for a time period defined in the decision; or
(b) require the Member State to revoke the provisional measure.
3. If, in the case of a decision as referred to in paragraph 2(a), the provisional measure taken by the Member State consists
in a restriction on the placing on the market or use of a substance, the Member State concerned shall initiate a Community restrictions procedure
by submitting to the Agency a dossier, in accordance with Annex XV, within three months of the date of the Commission decision.
4. In the case of a decision as referred to in paragraph 2(a), the Commission shall consider whether this Regulation needs
to be adapted.
- Referred by:
- ARTICLE 137: Transitional measures regarding restrictions