Battery Regulation
Navigation log
Table of Contents
Chapter I – General provisions
Chapter II – Sustainability and safety requirements
Chapter III – Labelling, marking and information requirements
Chapter IV – Conformity of batteries
Chapter V – Notification of conformity assessment bodies
Chapter VI – Obligations of economic operators other than the obligations in Chapters VII and VIII
Chapter VII – Obligations of economic operators as regards battery due diligence policies
Chapter VIII – Management of waste batteries
Chapter IX – Digital battery passport
Chapter X – Union market surveillance and Union safeguard procedures
Chapter XI – Green public procurement and procedure for amending restrictions on substances
Chapter XII – Delegated powers and committee procedure
Chapter XIII – Amendments
Chapter XIV – Final provisions
Recitals (143)
Annexes
Chapter X – Union market surveillance and Union safeguard procedures
Article 80
Union safeguard procedure
1. Where, on completion of the procedure set out in Article 79(4), (6) and (7), objections are raised against a measure taken by market surveillance authorities, or where the Commission considers a national measure to be contrary to Union law, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. The Commission shall endeavour to conclude that evaluation within one month.
On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(3).
2. The Commission shall address the implementing act referred to in paragraph 1, second subparagraph, to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant battery is withdrawn from their market, and shall inform the Commission accordingly.
If the national measure is considered unjustified, the Member State concerned shall withdraw that measure.
3. Where the national measure is considered justified and the non-compliance of the battery is attributed to shortcomings in the harmonised standards referred to in Article 15 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of European Standardisation Regulation.
4. Where the national measure is considered justified and the non-compliance of the battery is attributed to shortcomings in the common specifications referred to in Article 16, the Commission shall, without delay, adopt an implementing act amending or repealing the common specifications concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 90(3).