Art. 55 Union safeguard procedure | CRA regulation | CRA

This article acts as a direct continuation of Article 54, kicking in specifically when a Member State objects to another Member State's market measure, or when the Commission believes that measure conflicts with Union law.

It establishes a dispute resolution and escalation mechanism, placing the Commission at the centre as the arbiter.

The Commission must consult with the relevant parties and reach a decision on whether the national measure is justified within nine months of the original notification.

Importantly, if the non-compliance that triggered the measure turns out to stem from flaws in the underlying technical standards or certification schemes, the article directs the Commission to address those root causes through the appropriate regulatory channels.

Important points:

The Commission is required to evaluate disputed national market measures and decide on their justification within nine months of the original notification under Article 54.
If a national measure is found justified, all Member States must withdraw the non-compliant product from their markets; if not justified, the Member State that imposed it must withdraw the measure.
Where justified non-compliance is traced back to shortcomings in harmonised standards, cybersecurity certification schemes, or common specifications, the Commission must take steps to address those underlying deficiencies.

1. Where, within three months of receipt of the notification referred to in Article 54(5), objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State and the economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within nine months from the notification referred to in Article 54(5) and notify that decision to the Member State concerned.
1. If the national measure is considered to be justified, all Member States shall take the measures necessary to ensure that the non-compliant product with digital elements is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is not considered to be justified, the Member State concerned shall withdraw the measure.
1. Where the national measure is considered to be justified and the non-compliance of the product with digital elements is attributed to shortcomings in the harmonised standards, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
1. Where the national measure is considered to be justified and the non-compliance of the product with digital elements is attributed to shortcomings in a European cybersecurity certification scheme as referred to in Article 27, the Commission shall consider whether to amend or repeal any delegated act adopted pursuant to Article 27(9) that specifies the presumption of conformity concerning that certification scheme.
1. Where the national measure is considered to be justified and the non-compliance of the product with digital elements is attributed to shortcomings in common specifications as referred to in Article 27, the Commission shall consider whether to amend or repeal any implementing act adopted pursuant to Article 27(2) setting out those common specifications.

Article 55 Union safeguard procedure

Relevant recitals