Safeguard clause

In the framework of the new approach third parties have a particular responsibility. Their task has become more difficult especially in cases where products are manufactured directly to the essential requirements. In that case competent interpretation and judgement needs to be applied in order to evaluate whether the required safety level is achieved or not. Not only safeguard clauses and their economic consequences should be avoided but also possible distortion of the market. An exchange of experience between bodies which are notified for a given directive is therefore normally organised with a view to ensuring its coherent application and to avoid such negative consequences. 

Free movement, market surveillance and safeguard clause... 

Where a Member State ascertains tliat a product, bearing the CE-marking and used in accordance with its intended use, is liable to endanger the safety of persons or health, it shall take all appropriate measures to withdraw such a product from the market. That Member State shall immediately Inform the Commission which is obliged to investigate whether or not the measure is justified. Where the Commission considers that the measure is justified, it shall immediately inform the Member State which took the initiative and also the other Member States. This entails that the other Member States must also take action against the product concerned. That latter disposition is referred to as the safeguard clause. 

An organization needs to provide safeguards for its people in order to comply with clause 4.1.7 on Impact on Society. 

The Competent Authority to which the incident was originally reported usually takes on the role of monitoring and evaluating how the incident is dealt with. When all actions are complete, including any necessary Field Safety Correction Actions, the manufacturer must submit a final report to the Competent Authority. Under a safeguard clause. Competent Authorities may take unilateral action to remove a device from their market, if they believe that it poses an unacceptable health risk, but the Commission must be informed of such actions. In less-urgent situations, concerns may be referred to the Committee for Medical Devices for consideration. 

Other of such standards which are useful are the EN 764-7 and EN 12952-10 Water-tube boilers and auxiliary installations - Requirements for safeguards against excessive pressure. Although its Annex ZA shows that it supports the PED clauses 2.11 and 7.3, this standard does not give any indication on the set pressure and the overpressure of the Safety Relief Valves, in which case one can refer back to the above. 

Without any prejudice to the provisions of Article 1, the general safeguard clause referred to in Article 37 of the Act of Accession shall apply until 31 December 2012 if energy supply is disrupted in Lithuania. 

Geiss R (2005) Humanitarian safeguards in economic sanctions regimes a call for automatic suspension clauses, periodic monitoring, and follow-up assessment of long-term-effects. Harv HRJ 18 167-199... 

During this year clauses relating to the fencing of machinery and the providing of other safeguards were incorporated into the Factory Act of 1802. The reporting of certain accidents was also included in the act. 

When a member state ascertains that a product does not comply with the requirements, it may invoke the safeguard clause included in the directives and require the manufacturer to end the infringement under conditions imposed by the state. The manufacturer/agent shall be obliged to ... 

The safeguard clause included in the primary directives allows the total ban of nonconforming products and possible fines and/or imprisonment of the responsible person. 

A clause for operability of the plant in the range of 80 to 130 % of the capacity in an efficient and safe manner shall be written in the agreement. This is to safeguard when the demand for products is less (to run at 80 % capacity), or at overload of rated capacity (to run up to 130 %) if higher demand for product is to be met urgently. 

It is important to understand that the OSHA PELs and substance-specific standards do not include all hazardous chemicals. It is the laboratory manager s responsibility under the Laboratory Standard and the "general duty" clause to apply scientific knowledge in safeguarding workers against risks, even though there may be no specifically applicable OSHA standard. 

In what if analysis, questions are taken from start to end within the defined boundary. As stated in point 5 of Clause 2.5, in each step what if questions are posed linked with procedural failure, hardware or software failure, etc. Therefore a list of questions and answers concerning the hazards and their consequences will be generated. This list shall also include recommendations regarding the safeguard/control measure. So, a tabular listing will be produced as discussed later. 

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