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REACH - Registration, Evaluation and Authorisation of Chemicals
TITLE-XV
: TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 129
:
Safeguard clause
ARTICLE 129:
Safeguard clause
1. Where a
Member State
has justifiable grounds for believing that
urgent
action
is essential to
protect
human health
or the
environment
in
respect
of a
substance
, on its own, in a
preparation
or in an
article
, even if satisfying the
requirements
of this
Regulation
, it may take appropriate
provisional measures
. The
Member State
shall immediately inform the
Commission
, the
Agency
and the other
Member States
thereof, giving
reasons
for its
decision
and submitting the
scientific
or
technical information
on which the
provisional measure
is based.
2. The
Commission
shall take a
decision
in
accordance
with the
procedure
referred to in
Article
133
(3) within 60
days
of
receipt
of the
information
from the
Member State
. This
decision
shall either:
(a) authorise the
provisional measure
for a
time
period
defined in the
decision
; or
(b) require the
Member State
to revoke the
provisional measure
.
3. If, in the
case
of a
decision
as referred to in point (a) of paragraph 2, the
provisional measure
taken by the
Member State
consists in a
restriction
on the placing on the
market
or use of a
substance
, the
Member State
concerned
shall initiate a
Community
restrictions
procedure
by submitting to the
Agency
a
dossier
, in
accordance
with Annex XV, within three
months
of the
date
of the
Commission
decision
.
4. In the
case
of a
decision
as referred to in point (a) of paragraph 2, the
Commission
shall consider whether this
Regulation
needs to be adapted.
[
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]
Referred by:
ARTICLE 137
:
Transitional
measures
regarding
restrictions