# L_2023170EN.01010501.xml

| 5.7.2023 | EN | Official Journal of the European Union | L 170/105 |
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5.7.2023

EN

Official Journal of the European Union

L 170/105

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COMMISSION IMPLEMENTING DECISION (EU) 2023/1411

of 4 July 2023

amending Implementing Decision (EU) 2021/1195 as regards a harmonised standard for sterilization of health care products

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:

| (1) | In accordance with Article 8(1) of Regulation (EU) 2017/746 of the European Parliament and of the Council (2), devices that are in conformity with the relevant harmonised standards, or the relevant parts of those standards, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements of that Regulation covered by those standards or parts thereof. |
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(1)

In accordance with Article 8(1) of Regulation (EU) 2017/746 of the European Parliament and of the Council (2), devices that are in conformity with the relevant harmonised standards, or the relevant parts of those standards, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements of that Regulation covered by those standards or parts thereof.

| (2) | Regulation (EU) 2017/746 replaced Directive 98/79/EC of the European Parliament and of the Council (3) from 26 May 2022. |
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(2)

Regulation (EU) 2017/746 replaced Directive 98/79/EC of the European Parliament and of the Council (3) from 26 May 2022.

| (3) | By Implementing Decision C(2021) 2406 (4), the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) for the revision of existing harmonised standards on in vitro diagnostic medical devices developed in support of Directive 98/79/EC and for the drafting of new harmonised standards in support of Regulation (EU) 2017/746. |
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(3)

By Implementing Decision C(2021) 2406 (4), the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) for the revision of existing harmonised standards on in vitro diagnostic medical devices developed in support of Directive 98/79/EC and for the drafting of new harmonised standards in support of Regulation (EU) 2017/746.

| (4) | On the basis of the request set out in Implementing Decision C(2021) 2406, CEN and Cenelec further revised the harmonised standard EN ISO 25424:2019, the reference of which is published in the Official Journal of the European Union, in order to take into account the latest technical and scientific progress and the need to support the requirements of Regulation (EU) 2017/746. This resulted in the adoption of amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 on sterilization of health care products. |
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(4)

On the basis of the request set out in Implementing Decision C(2021) 2406, CEN and Cenelec further revised the harmonised standard EN ISO 25424:2019, the reference of which is published in the Official Journal of the European Union, in order to take into account the latest technical and scientific progress and the need to support the requirements of Regulation (EU) 2017/746. This resulted in the adoption of amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 on sterilization of health care products.

| (5) | The Commission together with CEN and Cenelec has assessed whether amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 complies with the request set out in Implementing Decision C(2021) 2406. |
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(5)

The Commission together with CEN and Cenelec has assessed whether amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 complies with the request set out in Implementing Decision C(2021) 2406.

| (6) | Amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 satisfies the requirements which it aims to cover and which are set out in Regulation (EU) 2017/746. It is therefore appropriate to publish the reference of amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 in the Official Journal of the European Union. |
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(6)

Amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 satisfies the requirements which it aims to cover and which are set out in Regulation (EU) 2017/746. It is therefore appropriate to publish the reference of amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 in the Official Journal of the European Union.

| (7) | The Annex to Commission Implementing Decision (EU) 2021/1195 (5) lists the references of harmonised standards drafted in support of Regulation (EU) 2017/746. |
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(7)

The Annex to Commission Implementing Decision (EU) 2021/1195 (5) lists the references of harmonised standards drafted in support of Regulation (EU) 2017/746.

| (8) | In order to ensure that the references of harmonised standards drafted in support of Regulation (EU) 2017/746 are listed in one act, the reference of amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 should be included in Implementing Decision (EU) 2021/1195. |
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(8)

In order to ensure that the references of harmonised standards drafted in support of Regulation (EU) 2017/746 are listed in one act, the reference of amendment EN ISO 25424:2019/A1:2022 to harmonised standard EN ISO 25424:2019 should be included in Implementing Decision (EU) 2021/1195.

| (9) | Implementing Decision (EU) 2021/1195 should therefore be amended accordingly. |
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(9)

Implementing Decision (EU) 2021/1195 should therefore be amended accordingly.

| (10) | Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication, |
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(10)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Implementing Decision (EU) 2021/1195 is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 4 July 2023.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 316, 14.11.2012, p. 12.

1

(2)  Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

2

in vitro

(3)  Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ L 331, 7.12.1998, p. 1).

3

in vitro

(4)  Commission Implementing Decision C(2021) 2406 of 14 April 2021 on a standardisation request to the European Committee for Standardization and the European Committee for Electrotechnical Standardization as regards medical devices in support of Regulation (EU) 2017/745 of the European Parliament and of the Council and in vitro diagnostic medical devices in support of Regulation (EU) 2017/746 of the European Parliament and of the Council.

4

in vitro

(5)  Commission Implementing Decision (EU) 2021/1195 of 19 July 2021 on the harmonised standards for in vitro diagnostic medical devices drafted in support of Regulation (EU) 2017/746 of the European Parliament and of the Council (OJ L 258, 20.7.2021, p. 50).

5

in vitro

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ANNEX

In the Annex, entry No 4 is replaced by the following:

| No | Reference of the standard |
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| ‘4. | EN ISO 25424:2019
  Sterilisation of health care products – Low temperature steam and formaldehyde – Requirements for development, validation and routine control of a sterilisation process for medical devices (ISO 25424:2018)
  EN ISO 25424:2019/A1:2022’. |

No

Reference of the standard

‘4.

EN ISO 25424:2019

Sterilisation of health care products – Low temperature steam and formaldehyde – Requirements for development, validation and routine control of a sterilisation process for medical devices (ISO 25424:2018)

EN ISO 25424:2019/A1:2022’.

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