Prerequisites
- No conformity assessment procedure should be carried out.
- You submit a complete and sufficiently substantiated application to the competent authority.
- The use of the products is necessary in the interest of protecting people, domestic animals, farm animals or property.
- The safety of the products is ensured in other ways, for example by specially trained personnel or an acceptance test by an approved inspection body (ZÜS).
- You only use the requested products in Germany.
Documents required
Your written, informal application should contain the following information:
- Description and specification of the product including the planned deviation
- Information on whether this involves placing on the market individual devices, protective systems or equipment (custom-made products)
- Information on whether the equipment, protective systems or devices already placed on the market are being modified by a service provider at the operator's premises.
Please attach the following documents to your application:
- Evidence of why a conformity assessment procedure under Directive 2014/34/EU 94/9/EC would entail a disproportionate burden or delay, or that the use of the products is in the interest of protecting people, domestic animals or property, which interest may be hampered, for example, by the delay resulting from the conformity assessment procedures,
- Evidence that the safety of the products is ensured by other means (e.g. by specially trained personnel, acceptance testing by a ZÜS).
- Evidence that the products to be approved are restricted to the territory of the Member State concerned.
Please note
This provision may be used in safety-related cases where the products concerned are urgently needed and there is not enough time to complete the full conformity assessment procedures (or to complete these procedures). With regard to the conditions for restricted application, it should be stressed that the use of this clause must remain exceptional and not become a common practice.
Deadlines
There are no special legal deadlines to be observed.