Article 9

1.If, for safety reasons, a Member State prohibits the placing on the market of any electrical equipment or impedes its free movement, it shall immediately inform the other Member States concerned and the Commission, indicating the grounds for its decision and stating in particular:

(a)whether its non-conformity with Article 2 is attributable to a shortcoming in the harmonised standards referred to in Article 5, the provisions referred to in Article 6 or the standards referred to in Article 7;

(b)whether its non-conformity with Article 2 is attributable to faulty application of such standards or publications or to failure to comply with good engineering practice as referred to in that Article.

2.If other Member States raise objections to the decision referred to in paragraph 1, the Commission shall immediately consult the Member States concerned.

3.If an agreement has not been reached within three months from the date of communication of the information as laid down in paragraph 1, the Commission shall obtain the opinion of one of the bodies notified in accordance with Article 11, first paragraph, point (b), having its registered office outside the territory of the Member States concerned and which has not been involved in the procedure provided for in Article 8. The opinion shall state the extent to which the provisions of Article 2 have not been complied with.

4.The Commission shall communicate the opinion of the body referred to in paragraph 3 to all Member States which may, within a period of one month, make their observations known to the Commission. The Commission shall at the same time note any observations by the parties concerned on that opinion.

5.Having taken note of these observations the Commission shall, if necessary, formulate the appropriate recommendations or opinions.