Union Safeguard Clause Procedure
The Union safeguard procedures, based on Article 114(10) TFEU, require Member States to take provisional measures for products posing risks to health, safety, or public interest and notify these measures to the Commission and other Member States.
This detailed procedure, included in much of the Union harmonisation legislation, ensures that restrictive measures adopted by one Member State are communicated across the EU, allowing other Member States and the Commission to object and ensure the internal market’s functioning.
Unlike the Safety Gate notification procedure, which has different criteria and methods, the safeguard clause procedure operates independently but must be applied alongside Safety Gate when prohibiting or restricting products due to serious risks. This mechanism aims to maintain an equivalent level of protection throughout the EU by extending necessary restrictions to all Member States.
When is the clause applicable?
The Safeguard Procedure is initiated if:
- You receive an objection via ICSMS from another MSA within three months of your notification
- The European Commission informs you through ICSMS within the same period that the measure you have notified may be contrary to EU law.
Engaging with the European Commission upon initiating of the Safeguard Procedure
European Commission (EC) to:
- Prepare to consult with the European Commission, other objecting MSAs, and the relevant economic operators regarding the national measure you have implemented
- Collaborate with the European Commission as it evaluates the national measures and awaits the decision on whether to adopt an implementing act to determine if your measure is justified.
National measure justified?
Take the necessary actions to ensure that the non-compliant product is either withdrawn from the market or recalled across all Member States
Follow the EC's instructions to withdraw the national measure you had implemented.