S.L. 427.36 Art. 9Procedure for disputing a harmonised standard.

(1) Where the TRD considers that a harmonised standard does not entirely satisfy the essential health and safety requirements which it covers and which are set out in Schedule I, the TRD shall bring the matter before the committee set up by

Directive 98/34/EC, setting out the reasons therefor.

(2) When the TRD considers that a harmonised standard does not entirely satisfy the essential health and safety requirements which it covers and which are set out in Schedule I, the TRD may request the Commission to take measures requiring Member States to prohibit or restrict the placing on the market of machinery presenting the same risk by virtue of its technical characteristics or to make such machinery subject to special conditions.