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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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harmonisation measure
[
Global Index
]
ARTICLE-III-172
[
go to this ARTICLE
]
... If, after the
adoption
of a
harmonisation measure
by means of a
European law
or
framework law
or by means of a
European regulation
of the
Commission
, a
Member State
deems it necessary to maintain
national
provisions
on grounds of
major
needs referred to in
Article
III-154
, or relating to the
protection of the environment
or the
working
environment
, it shall notify the
Commission
of these
provisions
as well as the grounds for maintaining them. ...
... Moreover, without
prejudice
to paragraph 4, if, after the
adoption
of a
harmonisation measure
by means of a
European law
or
framework law
or by means of a
European regulation
of the
Commission
, a
Member State
deems it necessary to introduce
national
provisions
based on new
scientific evidence
relating to the
protection of the environment
or the
working
environment
on grounds of a
problem
specific
to that
Member State
arising after the
adoption
of the
harmonisation measure
, it shall notify the
Commission
of the envisaged
provisions
and the
reasons
for them. ...
... Moreover, without
prejudice
to paragraph 4, if, after the
adoption
of a
harmonisation measure
by means of a
European law
or
framework law
or by means of a
European regulation
of the
Commission
, a
Member State
deems it necessary to introduce
national
provisions
based on new
scientific evidence
relating to the
protection of the environment
or the
working
environment
on grounds of a
problem
specific
to that
Member State
arising after the
adoption
of the
harmonisation measure
, it shall notify the
Commission
of the envisaged
provisions
and the
reasons
for them. ...
... When, pursuant to paragraph 6, a
Member State
is authorised to maintain or introduce
national
provisions
derogating from a
harmonisation measure
, the
Commission
shall immediately examine whether to
propose
an
adaptation
to that
measure
. ...
... When a
Member State
raises a
specific
problem
on
public health
in a
field
which has been the
subject
of
prior
harmonisation measures
, it shall bring it to the
attention
of the
Commission
which shall immediately examine whether to
propose
appropriate
measures
. ...
... The
harmonisation measures
referred to in this
Article
shall, in appropriate
cases
,
include
a
safeguard clause
authorising the
Member States
to take, for one or more of the
noneconomic
reasons
referred to in
Article
III-154
,
provisional measures
subject
to a
Union
control
procedure
. ...
ARTICLE-III-233
[
go to this ARTICLE
]
... In this
context
,
harmonisation measures
answering
environmental protection requirements
shall
include
, where appropriate, a
safeguard clause
allowing
Member States
to take
provisional
steps
, for
noneconomic
environmental
reasons
,
subject
to a
procedure of inspection
by the
Union
. ...
ARTICLE-III-271
[
go to this ARTICLE
]
... If the approximation of
criminal laws
and
regulations
of the
Member States
proves essential to ensure the effective
implementation
of a
Union policy
in an
area
which has been
subject
to
harmonisation measures
,
European
framework laws
may
establish
minimum
rules
with
regard
to the
definition
of
criminal offences
and
sanctions
in the
area
concerned
. Such
framework laws
shall be
adopted
by the same
procedure
as was followed for the
adoption
of the
harmonisation measures
in
question
, without
prejudice
to
Article
III-264
. ...
... If the approximation of
criminal laws
and
regulations
of the
Member States
proves essential to ensure the effective
implementation
of a
Union policy
in an
area
which has been
subject
to
harmonisation measures
,
European
framework laws
may
establish
minimum
rules
with
regard
to the
definition
of
criminal offences
and
sanctions
in the
area
concerned
. Such
framework laws
shall be
adopted
by the same
procedure
as was followed for the
adoption
of the
harmonisation measures
in
question
, without
prejudice
to
Article
III-264
. ...
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