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1. Should a Member State or the Commission consider that the harmonized standards referred to in Article 5 do not completely satisfy the relevant basic requirements referred to in Article 3, the Commission or the Member State concerned shall refer the matter to the committee created pursuant to Directive 83/189/EEC(1), setting out its reasons. The committee shall deliver an opinion without delay.
In the light of the committee’s opinion, the Commission shall notify Member States of whether or not it is necessary to withdraw the standards concerned from publications made pursuant to Article 5.
2. The Standing Committee set up by Article 6(2) of Directive 89/392/EEC(2) may be apprised, in accordance with the procedure described below, of any matter to which the implementation and practical application of this Directive give rise.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
OJ No.L109, 26.4.1983, p.8.
OJ No.L183, 29.6.1989, p.9.
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