Article 8

1. A Member State may, after examining the common conformity specification and the test results, suspend recognition of a certificate of conformity issued for the purpose of type approval: if it discovers shortcomings regarding the application of the common conformity specification; if it discovers that the common conformity specification itself fails to meet the essential requirements which it is supposed to cover. If it exercises this option, the Member State concerned shall immediately inform the Commission and the other Member States, stating the reasons for its decision. 2. Where the decision of the Member State concerns the electrcal safety of users of terminal equipment, the procedures set out in Article 9 of Directive 73/23/EEC shall apply. 3. If the reasons given for the Member State's decision are as described in paragraph 1 (a), the Commission shall immediately consult the Member States concerned. If no agreement is reached without four weeks, the Commission shall seek the opinion of one of the approved laboratories notified in accordance with Article 7 which is based outside the territory of the Member States concerned. The Commission shall communicate the opinion of this laboratory to all the Member States, which may submit their comments to it within a period of one month. After taking note of any such comments the Commission shall, if necessary, formulate appropriate recommendations or opinions. If in preparing its opinion a laboratory consulted unavoidably incurs expenditure, which may if necessary include additional tests, the Commission will defray that expenditure on production of documentary evidence. If, however, further to an opinion a decision to suspend recognition of a certificate of conformity is not maintained, the Member State which took it shall reimburse the Commission, in accordance with the procedures for payment then negotiated with the Member State. 4. If the reasons invoked in support of the Member State's decision are as described in paragraph 1 (b), the Commission shall refer the matter to the Committee referred to in Article 5, which shall express its opinion as a matter of urgency. On the basis of that opinion the Commission shall decide whether or not to withdraw the common specification in question from the list published in the Official Journal of the European Communities. If it withdraws the specification, the Commission shall inform the CEPT and may entrust it with a further brief. 5. If a Member State considers that terminal equipment which has already been approved does not meet one or more of the essential requirements, it may revoke the type approval granted and shall in that case immediately apply the procedures set out in paragraphs 1 and 2.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.