Article 53U.K.Corrective and restrictive measures at Union level
1.The Member State taking corrective or restrictive measures in accordance with Article 52 shall notify the Commission and the other Member States without delay, by means of ICSMS. It shall also inform without delay the approval authority that granted the approval about its findings.
The information provided shall include all available details, in particular the data necessary for the identification of the concerned vehicle, system, component or separate technical unit, its origin, the nature of the alleged non-compliance and the risk involved, the nature and duration of the national corrective and restrictive measures taken, and the arguments put forward by the relevant economic operator.
2.The Member State that takes the corrective or restrictive measure shall also indicate whether the risk or the non-compliance is due to the following:
(a)the failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, to the protection of the environment or to other aspects of the protection of public interests covered by this Regulation; or
(b)shortcomings in the relevant regulatory acts listed in Annex II.
3.Member States other than the Member State that takes corrective or restrictive measures shall inform within one month after the notification referred to in paragraph 1, the Commission and the other Member States of any corrective or restrictive measures they have adopted and of any additional information at their disposal relating to the non-compliance and the risk of the vehicle, system, component or separate technical unit concerned, as well as, in the event of disagreement with the notified national measure, of their objections.
4.Where, within one month after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a notified national measure, that measure shall be deemed to be justified. The other Member States shall ensure that similar corrective or restrictive measures are taken without delay within their territories in respect of the vehicle, system, component or separate technical unit concerned.
5.Where, within one month after the notification referred to in paragraph 1, another Member State or the Commission raises an objection in respect of a notified national measure, or where the Commission considers that a notified national measure is contrary to Union law, the Commission shall consult the Member States concerned and the relevant economic operator or operators without delay.
On the basis of the consultation referred to in the first subparagraph of this paragraph, the Commission shall adopt implementing acts to decide on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The Commission shall immediately communicate the decision referred to in the second subparagraph to the relevant economic operator or operators. Member States shall implement such acts without delay and shall inform the Commission accordingly.
Where the Commission considers that a notified national measure is unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in the second subparagraph.
6.Where following tests and inspections carried out by the Commission in accordance with Article 9, the Commission establishes that a corrective or restrictive measure is necessary at Union level, it shall without delay consult the Member States concerned and the relevant economic operator or operators.
On the basis of consultation referred to in the first subparagraph of this paragraph, the Commission shall adopt implementing acts to decide on corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).
The Commission shall immediately communicate the decision referred to in the second subparagraph to the relevant economic operator or operators. Member States shall implement such acts without delay and shall inform the Commission accordingly.
7.Where the risk or non-compliance is attributed to shortcomings in regulatory acts listed in Annex II, the Commission shall propose appropriate measures as follows:
(a)where legal acts of the Union are concerned, the Commission shall propose the necessary amendments to the acts concerned;
(b)where UN Regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UN Regulations in accordance with the procedure applicable under the Revised 1958 Agreement.
8.Where a corrective measure is considered to be justified in accordance with this Article or is subject to the implementing acts as referred to in paragraph 5 or 6, that measure shall be available free of charge to holders of registrations for the affected vehicles. Where repairs have been carried out at the registration holder's expense before the adoption of the corrective measure, the manufacturer shall reimburse the cost of such repairs up to the cost of the repairs required by that corrective measure.