Safeguard clause
Article 15
1
Where
an appropriate authority with the necessary competence
has justifiable grounds for believing that a specific detergent, although complying with the requirements of this Regulation, constitutes a risk to the safety or health of humans or of animals or a risk to the environment, it may take all appropriate provisional measures, commensurate with the nature of the risk, in order to ensure that the detergent concerned no longer presents that risk, is withdrawn from the market or recalled within a reasonable period or its availability is otherwise restricted.
Manufacturers and other natural or legal persons involved in the distribution, supply and sale of detergents must comply with provisional measures taken under this Article.
In any particular case, provisional measures may not be imposed for a period of more than ninety days.
After that ninety day period has ended, the General Product Safety Regulations 2005 are to apply to the specific detergents in respect of which provisional measures have been taken under this Article as if, in regulation 2 of those Regulations:
- — in the definition of “product”, at the end, there were inserted “ “
product
” includes the specific detergents in respect of which provisional measures have been taken from time to time under Article 15 of Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents;”;
- — in the definition of “safe product”, at the end of the first sentence, there were inserted “and for the environment”;
2
In this Article:
- — ‘Appropriate authority’ means the Secretary of State or the devolved authority;
- — ‘Devolved authority’ means:
  - in Scotland, the Scottish Ministers;
  - in Wales, the Welsh Ministers;
3
The Secretary of State may impose provisional measures if and to the extent that the exercise of the function to impose those measures:
- — relates to England;
- — relates to Scotland and is not within devolved competence (within the meaning of section 54 of the Scotland Act 1998 );
- — relates to Wales and is not within devolved competence (within the meaning of section 58A(7) and (8) of the Government of Wales Act 2006 );
4
The Scottish Ministers have competence to impose provisional measures if and to the extent that the exercise of the function to impose those measures is within devolved competence (within the meaning of section 54 of the Scotland Act 1998).
5
The Welsh Ministers have competence to impose provisional measures if and to the extent that the exercise of the function to impose those measures is within devolved competence (within the meaning of sections 58A(7) and (8) of the Government of Wales Act 2006).
8
When an appropriate authority takes provisional measures in accordance with paragraph 1:
- — it must immediately inform the other appropriate authorities, giving reasons for its action and submitting the scientific or technical information on which it is based;
- — the other appropriate authorities must decide whether or not to impose the same provisional measures within their respective areas of competence.
Substituted by Regulation (EU) No 259/2012 of the European Parliament and of the Council of 14 March 2012 amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorus compounds in consumer laundry detergents and consumer automatic dishwasher detergents (Text with EEA relevance).
Art. 15(3)-(8) inserted (31.12.2020) by The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/671), regs. 1, 3(4) (as amended by S.I. 2020/1617, regs. 1(2), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 15(1) substituted (31.12.2020) by The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/671), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 15(1) substituted (31.12.2020) by The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/671), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 15(1) inserted (31.12.2020) by The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/671), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 15(2) substituted (31.12.2020) by The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/671), regs. 1, 3(3) (as amended by S.I. 2020/1617, regs. 1(2), 3(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)