Safeguard Clause

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Identification
Safeguard Clause
Source
New Approach
Responsibility
Member State
Description
The application of the safeguard clause requires that the competent national authority decides to:

restrict or forbid the placing on the market of a product and, possibly, the putting into service of a product, or
withdraw a product from the market.

Scope of products
The safeguard clause:

shall be applied:
to products that fall within the scope of a New Approach directive and bear the CE marking provided by such a directive.

cannot be applied:
to products that are not CE marked in accordance with the directive providing for the safeguard procedure in question.

Conditions for invoking
the safeguard clause
on Products that are
CE Marked and covered
by New Approach directives
The safeguard clause for Products which are CE Marked and covered by New Approach directives:

must be applied when:
the non-conformity has to be established regarding a systematic failure in the design of a whole series of products manufactured, however limited the series. Have binding legal effects.

cannot be applied when:
For an isolated error, limited to the territory of the Member State that has discovered the non-compliance, there is no need to invoke the safeguard clause, since there is no need to take action on Community level.

Resume
Identification	Safeguard Clause
Source	New Approach
Responsibility	Member State
Description	The application of the safeguard clause requires that the competent national authority decides to: restrict or forbid the placing on the market of a product and, possibly, the putting into service of a product, or withdraw a product from the market.
Scope of products	The safeguard clause: shall be applied: to products that fall within the scope of a New Approach directive and bear the CE marking provided by such a directive. cannot be applied: to products that are not CE marked in accordance with the directive providing for the safeguard procedure in question.
Conditions for invoking the safeguard clause on Products that are CE Marked and covered by New Approach directives	The safeguard clause for Products which are CE Marked and covered by New Approach directives: must be applied when: the non-conformity has to be established regarding a systematic failure in the design of a whole series of products manufactured, however limited the series. Have binding legal effects. cannot be applied when: For an isolated error, limited to the territory of the Member State that has discovered the non-compliance, there is no need to invoke the safeguard clause, since there is no need to take action on Community level.