The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

EU safeguard procedure

57.—(1) Where another Member State has initiated the procedure under Article 35 of the ATEX Directive (as amended from time to time), the Executive shall, without delay, inform the European Commission, Great Britain and the other Member States of—

(a) any measures taken by the Executive in respect of the product;

(b) any additional information which the Executive has at its disposal relating to the lack of conformity of the product; and

(c) any objections that the Executive may have to the measure taken by the Member State initiating the procedure.

(2) Where a measure taken by another Member State in respect of a product is considered justified under Article 35(7) of the ATEX Directive (as amended from time to time), the Executive shall ensure that appropriate measures, such as withdrawal, are taken in respect of the product without delay.

(3) Where a measure taken by another Member State in respect of a product is considered justified by the European Commission under Article 36(1) of the ATEX Directive (as amended from time to time), the Executive shall take the necessary measures to ensure that the product is withdrawn from the market in Northern Ireland.

(4) Where the Executive has taken action under paragraph (2) or (3), the Executive shall inform the European Commission of the action taken.

(5) If a measure taken by the Executive pursuant to regulation 56 is considered unjustified by the European Commission under Article 36(1) of the ATEX Directive (as amended from time to time), the Executive shall withdraw that measure.