Article 5

Regulation (EU) 2023/988 is amended as follows: in Article 2(1), third subparagraph, point (b) is replaced by the following: ; Chapter IIa, Chapter III, Section 1, Chapters V and VII and Chapters IX to XI do not apply.’ in Article 3, the following points are added: (*11) Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures, related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2747/oj).’;" “crisis-relevant goods” means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the Council (*11); “internal market emergency mode” means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747. the following chapter is inserted: ‘Chapter IIa Emergency procedures Article 8a Application of emergency procedures 1. Articles 8b and 8c of this Regulation shall apply only if the Commission has adopted an implementing act pursuant to Article 28 of Regulation (EU) 2024/2747 with respect to products covered by this Regulation. 2. Articles 8b and 8c of this Regulation shall apply only to products covered by this Regulation which have been designated as crisis-relevant goods pursuant to Article 18(4) of Regulation (EU) 2024/2747. 3. Articles 8b and 8c of this Regulation shall apply only during the internal market emergency mode that has been activated in accordance with Article 18 of Regulation (EU) 2024/2747. Article 8b Presumption of conformity with the general safety requirement in the context of an internal market emergency 1. In addition to the presumption of conformity laid down in Article 7 of this Regulation, where severe disruptions to the functioning of the internal market, which were taken into consideration when the internal market emergency mode was activated in accordance with Article 18 of Regulation (EU) 2024/2747, significantly restrict the possibilities for manufacturers to make use of relevant European standards the references of which have already been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, the presumption of conformity with the general safety requirement laid down in Article 5 may also be established for the purpose of placing products on the market if the product conforms to national requirements as regards the risks and risk categories covered by health and safety requirements laid down in the national law of the Member State in which the product is made available on the market, provided that such law is in compliance with Union law. 2. In addition to the cases where the presumption of conformity with the general safety requirement laid down in Article 5 of this Regulation applies under paragraph 1 of this Article and Article 7(1) of this Regulation, Member States shall take all appropriate measures to ensure that, for the purpose of placing or making available of products on the market, their competent authorities consider that products which comply with relevant European standards other than those the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) No 1025/2012, with relevant international standards developed by a recognised international standardisation body as defined in Article 2(9) of Regulation (EU) No 1025/2012, or with relevant national standards developed by a national standardisation body as defined in Article 2(10) of Regulation (EU) No 1025/2012, are presumed to meet the general safety requirement laid down in this Regulation as far as the risks and risk categories covered by those standards are concerned, unless such standards are not adequate in view of the other elements of Articles 6 and 8 of this Regulation. 3. Article 7(3) applies to the presumption of conformity established in accordance with this Article. Article 8c Prioritisation of market surveillance activities and mutual assistance among authorities 1. Member States shall prioritise market surveillance activities for products covered by this Regulation that are listed in the implementing act referred to in Article 8a(1). 2. The market surveillance authorities of the Member States shall ensure that best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency mode.’.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.