Article 46 — Union safeguard procedure

1. Where, on completion of the procedure set out in Article 45(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission has reasons to believe that a national measure could be contrary to Union law, the Commission shall, without delay, enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not. The Commission shall address its decision to all Member States and shall, without delay, communicate it to them and the relevant economic operator or operators. 2. If the national measure is considered to be justified, all Member States shall take the measures necessary to ensure that the non-compliant toy is withdrawn from their market or recalled, and shall inform the Commission accordingly. If the national measure is considered to be unjustified, the Member State concerned shall withdraw it. 3. Where the national measure is considered to be justified and the non-compliance of the toy is attributed to shortcomings in the harmonised standards referred to in Article 15 of this Regulation or the common specifications referred to in Article 16 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012 or amend the common specifications, as appropriate.