Flexibility Provisions

The following instructions are provided to ensure uniform application of the flexibility provisions established in Basic Regulation Articles 14(1), 14(4) and 14(6). Complying with these will enhance efficiency in the processing of the relevant information:
  1.  When applying Article 14(1) of the Basic Regulation, the notification provided by the Member State shall include at least :
    1. a description of the safety problem;
    2. the affected requirements of Basic Regulation and its implementing rules
    3. the identification of the product, part, appliance, person or organisation concerned;
    4. the identification of the affected activity;
    5. the measure required and its justification;
    6. the time limit for compliance with the measure required; and
    7. the date or period of applicability of the measure.
  2. When applying Article 14(4) of the Basic Regulation, the notification sent by the Member State shall include at least:
    1. the affected requirements of the Basic Regulation and its implementing rules;
    2. a description of the unforeseen urgent operational circumstances or of the needs being the reason for granting the exemption;
    3. the identification of the product, part, appliance, person or organisation to which the exemption applies, including a description of the type of operation or activity concerned;
    4. the type of operation or the activity concerned;
    5. the date or period of applicability of the exemption;
    6. a reference to previous similar exemptions, if any; and
    7. an assessment and evidence demonstrating that the level of safety is not adversely affected, including, if applicable, a description of the related mitigation measures.
  3. When applying Article 14(6) of the Basic Regulation, the notification sent by the Member State shall include at least:
    1. the requirements for which the Member State intends to grant a derogation;
    2. the reason(s) demonstrating the need to derogate;
    3. the identification of the product, part, appliance, person or organisation to which the derogation applies, including a description of the type of operation or activity concerned;
    4. the conditions that the Member State has put in place to ensure that an equivalent level of protection is achieved; and
    5. an assessment and evidence demonstrating that an equivalent level of protection is ensured.

 

Notification forms for Articles 14(1) and 14(6) are under development.