art_11__para_5

5. Where a Member State deems it necessary on imperative grounds of health and safety of persons or protection of the environment and in order to address immediate regulatory needs, to take measures applicable to products within the harmonised zone in relation to characteristics not laid down in harmonised technical specifications, it shall notify the Commission thereof, justifying the need for the measures taken and explaining the regulatory need it aims to address. To that end, Member States shall use the procedure set up by Directive (EU) 2015/1535 of the European Parliament and of the Council (26). When doing so, Member States shall make reference to this paragraph and specify which elements are part of the measure. The Commission shall reply to the notification within the time limits established in the procedure set up by Directive (EU) 2015/1535. The Commission shall within six months of the notification either put forward a proposal for authorisation in accordance with paragraph 6 of this Article or communicate its grounds for rejecting the national measure. Upon receipt of a notification as referred to in the first subparagraph, the Commission shall, irrespective of whether it intends to authorise the measure, without delay submit the matter to the CPR Acquis Expert Group for consultations on whether updates to existing performance harmonised standards need to be requested as a priority.

← art_11__para_4 · All articles · art_11__para_5__para →

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