Article 44 - Union safeguard procedure
1. Where, within three months of receipt of the notification referred to in Article 43(4), 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 legislation, 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 43(4) and notify such decision to the Member State concerned.
2. If the national measure is considered 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all Member States shall take the measures necessary to ensure that the non-compliant product with digital elements is withdrawn from their market, and shall inform the Commission accordingly.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 considered unjustified, the Member State concerned shall withdraw the measure.
3. Where the national measure is considered 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 10 of Regulation (EU) No 1025/2012.
4. Where the national measure is considered 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 18, the Commission shall consider whether to amend or repeal the implementing act as referred to in Article 18(4) that specifies the presumption of conformity concerning that certification scheme.
5. Where the national measure is considered justified and the non-compliance of the product with digital elements is attributed to shortcomings in common specifications as referred to in Article 19, the Commission shall consider whether to amend or repeal the implementing act referred to in Article 19 setting out those common specifications.
Cyber Resilience Act Text 15.9.2022
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