Version in force , Modified +38 −14§
Amended by Regulation (EU) 2024/2865 32024R2865 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
Paragraph 2 now describes the Commission action as adopting implementing acts in accordance with the examination procedure referred to in Article 54(2), rather than acting in accordance with the regulatory procedure referred to in Article 54(2).
The wording for the two possible outcomes was also adjusted from authorising or requiring revocation directly to authorising or requiring revocation through those implementing acts, with a minor phrasing change from a time period to a period.
Cited: Art. 52, v1 (external, EUR-Lex) · Art. 52, v2 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 1 December 2023 02008R1272-20231201 → this version, in force 10 December 2024 02008R1272-20241210
Article 52
Safeguard clause
1. Where a Member State has justifiable grounds for believing that a substance or a mixture, although satisfying the requirements of this Regulation, constitutes a serious risk to human health or the environment due to reasons of classification, labelling or packaging, it may take appropriate provisional measures. The Member State shall immediately inform the Commission, the Agency and the other Member States thereof, giving the reasons for its decision.
2. Within 60 days of receipt of the information from the Member State, the Commission shall adopt implementing acts in accordance with the regulatory examination procedure referred to in Article 54(2) either to authorise the provisional measure for a time period defined in the decision or to require the Member State to revoke the provisional measure.
3. In the case of an authorisation of a provisional measure related to classification or labelling of a substance as referred to in paragraph 2, the competent authority of the Member State concerned shall in accordance with the procedure laid down in Article 37 submit a proposal to the Agency for harmonised classification and labelling, within three months of the date of the Commission decision.