Recital 28

(28) In order to strike a balance between mitigating the fragmentation of the market and the legitimate interests of Member States to regulate construction works, it is necessary to provide for a mechanism to better reflect the needs of the Member States in the development of harmonised technical specifications. For the same reason, an additional mechanism of prior authorisation should be established, allowing Member States to set, based on imperative grounds of health and safety of persons or of protection of the environment, requirements other than those laid down in the harmonised technical specifications for products covered by the harmonised zone. This mechanism should give Member States the possibility, while awaiting updated harmonised technical specifications addressing their regulatory needs, to notify and seek authorisation for national measures affecting the performance of an essential characteristic not addressed by the harmonised technical specification. This mechanism should be complementary to a Member State’s possibility to notify the Commission, in accordance with Article 114 TFEU, when it deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State in contradiction with harmonised technical specifications. In order to ensure that authorised national measures only remain as temporary deviations from the harmonised zone, it is important to enable swift consultations on the need to update harmonised technical specifications in light of those regulatory needs, including, where appropriate, through standardisation requests with deadlines specifically set to address the urgency at hand.

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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.