art_11__para_6

6. The Commission shall adopt an implementing act, authorising the national measure notified under paragraph 5 where: the notified measure appears duly justified in the light of imperative grounds of health and safety of persons or protection of the environment, including the climate; the regulatory need is not covered by harmonised technical specifications or by other Union law; the notified measure does not discriminate against economic operators of other Member States; the notified measure is able to cover the respective regulatory need; the notified measure does not constitute a serious obstacle to the functioning of the internal market; and the notified measure is not expected to be covered by a harmonised standard which is to be delivered within one year from the date of the notification referred to in paragraph 5 of this Article, following a standardisation request issued pursuant to Article 5(2), or, at the moment of that notification, no implementing act referred to in Article 6(1) has been presented to the committee referred to in Article 90(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 90(3). They shall be withdrawn once the regulatory need is covered by harmonised technical specifications or by other Union law. On duly justified imperative grounds of urgency relating to health and safety of persons or the protection of the environment, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 90(4).

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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.