Article 48 — Commission action concerning toys that present a risk

1. Where the Commission becomes aware of a toy or a specific category of toys made available on the market which presents a risk to the health and safety of persons but is nonetheless in compliance with the particular safety requirements, or which presents such a risk and is raising doubts about compliance with the particular safety requirements, it is empowered to adopt implementing acts setting out measures to ensure that the toy or category of toys, when made available on the market, no longer presents that risk, to withdraw it from the market or to recall it where all of the following conditions are met: (a) it emerges from prior consultations with the market surveillance authorities that the approach to dealing with the risk differs from one market surveillance authority to another; and (b) the risk cannot, due to its nature, be dealt with in accordance with other procedures laid down by this Regulation. 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 53(3). On duly justified imperative grounds of urgency relating to the protection of the health and safety of persons, the Commission is empowered to adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 53(4).