101Fourthly, although Article 11(3) provides only that the Commission shall consider whether or not the measures taken by the Member States are ‘justified’, the general scheme of Article 11 implies that that obligation should be understood in the light of the obligations already imposed on the national authorities by Article 11(1) and Article 11(2). In that context, the examination that the Commission is to carry out depends primarily on whether it is justifiable from a legal and factual point of view, and in the light of the reasons provided by the Member State which took the initiative for a measure at the time of notification to the Commission — which reasons may result from ‘failure to satisfy the essential requirements’ laid down by the directive (Article 11(2)) — to find that machinery is ‘liable to compromise the health and safety of persons’ (Article 11(1)).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.