Regulation (EU) 2024/2847 · Chapter
Article 55 — Union safeguard procedure
Union safeguard procedure: when Member States disagree about a product.
LAW Official text — verbatim from the Official Journal snapshot; only the Official Journal is authentic.
1.1. 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.
2.2. 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all Member States shall take the measures necessary to ensure that the non-compliant product with digital elements is withdrawn from their market, and shall inform the Commission accordingly.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.
3.3. 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.
4.4. 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.
5.5. 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.
sha256:27b7c6c64c773001… · CELEX 32024R2847What this article does
Article 55 resolves the disagreement case: when one Member State takes measures against a product and another objects — or the Commission considers the measure unjustified — the Commission consults the Member State and the operators concerned, evaluates the national measure and decides whether it is justified, notifying that decision to the Member State concerned. If justified, all Member States take measures to withdraw the product from their markets; if not, the Member State concerned withdraws its measure.
Why it exists
Without a referee, one authority's recall is another market's open shelf. The safeguard procedure turns a national measure into a Union-wide answer either way — which for a manufacturer means a dispute in one country is never safely ignored as local.
Verified facts this page relies on
- F-047 Market surveillance authorities may require corrective action, restriction, withdrawal or recall for non-compliant products. Chapter V (Arts. 52–60)
Facts are maintained and human-verified in the CEMarque Facts Table (v2026.09.4, verified 2026-09-10).
Editorial review: Claude (AI reviewer, delegated by the editor), 2026-10-08. Methodology and correction process: how this site works.