Article 16U.K.Safeguard clause
1.Where a Member State disagrees with the provisional measures taken by another Member State pursuant to Article 14(6) or where the Commission considers that such measures are contrary to Community legislation, the Commission shall consult, without delay, all parties concerned, evaluate the measures and take a position as to whether or not the measures are justified. The Commission shall notify its position to the Member States and inform the interested parties.
If the Commission considers that the national measures are justified, the other Member States shall take the necessary measures to ensure that the unsafe article is withdrawn from their national market and inform the Commission thereof.
If the Commission considers that the national measures are not justified, the Member State concerned shall withdraw them.
2.Where the provisional measures referred to in paragraph 1 are based on a shortcoming in harmonised standards, the Commission shall refer the matter to the Standing Committee set up by Directive 98/34/EC if the Member State at the origin of the measures maintains its position, and the Commission or that Member State shall initiate the procedure referred to in Article 8.
3.Where a pyrotechnic article does not conform but bears a CE marking, the competent Member State shall take appropriate action against whomever affixed the marking and shall inform the Commission thereof. The Commission shall inform the other Member States.