§7.6.2.2 Notification to the Commission and other Member States

As soon as a market surveillance authority restricts or forbids the free movement of a product in such way that the safeguard clause is applied, the Member State must notify (305) without delay the Commission and the other Member States of the provisional measures, indicating the reasons and justification for the decision. The information has to include all available details, in particular: — name and address of the manufacturer, the authorised representative, and in addition – if necessary – the name and address of the importer or other person responsible for making the product available on the market; — the data necessary for the identification of the product concerned and the origin of the product; — the nature of the alleged non-compliance and the risk involved; — the nature and duration of the national measures taken; — a reference to the Union harmonisation legislation, and in particular to the essential requirements, against which the non-compliance has been established; — An indication of whether the non-compliance is due to either: a) failure of the product to meet requirements relating to the health or safety of persons or to other aspects of public interest protection; or b) shortcomings in the harmonised standards conferring a presumption of conformity. — the arguments put forward by the relevant economic operator; and — a copy of the decision taken by the Member State authorities. If possible, the notification should also include: — information on the supply chain of the product; — a comprehensive assessment and evidence to justify the measure (for example harmonised standards or other technical specifications used by the authority, the test reports and identification of the testing laboratory); — a copy of the declaration of conformity; and — the name and number of any notified body that intervened in the conformity assessment procedure, if applicable.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07