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where the standard or functional specification in question is technically inadequate for its purpose on the grounds that it does not provide the appropriate means of achieving information and data exchange or systems interoperability, or that the means (including testing) do not exist to establish satisfactorily conformity of a product to that standard or functional specification or where, in the case of European Pre-Standards, these lack the necessary stability for application. It shall be open to other Member States to demonstrate to the Committee referred to in Article 7 that equipment conforming to the standard had been used satisfactorily, and that use of this waiver was not justified;

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Source: EUR-Lex (Cellar) · retrieved 2026-10-31 · Text as adopted (Official Journal); later amendments are not incorporated in this text.