S.L. 427.36 Art. 10Safeguard clause.

(1) Where it is ascertained that machinery covered by these Regulation, bearing the CE marking, accompanied by the EC

declaration of conformity and used in accordance with its intended purpose or under reasonably foreseeable conditions, is liable to endanger the health or safety of persons or, where appropriate, domestic animals or property or, where applicable, the environment, it shall take all appropriate measures to withdraw such machinery from the market, to prohibit the placing on the market and or putting into service of such machinery or to restrict the free movement thereof.

(2) The TRD shall immediately inform the Commission and the other Member States of any such measure, indicating the reason for its decision and, in particular, whether non-conformity is due to:

(a) failure to satisfy the essential requirements referred to in regulation 6(1)(a);

(b) incorrect application of the harmonized standards referred to in regulation 8(2);

(c) shortcomings in the harmonized standards themselves referred to in regulation 8(2).

(3) Where the measures referred to in sub-regulation (1) are based on a shortcoming in the harmonised standards, the TRD shall initiate the procedure referred to in regulation 9.

(4) Where machinery does not conform and bears the CE marking, the Market Surveillance Directorate shall take appropriate action against whomsoever has affixed the marking. The TRD shall so inform the Commission.