COMMISSION IMPLEMENTING DECISION (EU) 2021/1402

of 25 August 2021

on harmonised standards for gas meters and other measuring instruments drafted in support of Directive 2014/32/EU of the European Parliament and of the Council

(Text with EEA relevance)

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 14 of Directive 2014/32/EU of the European Parliament and of the Council (2), measuring instruments which are in conformity with harmonised standards or parts thereof, 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 essential requirements set out in Annex I and in the relevant instrument-specific Annexes covered by those harmonised standards or parts thereof.

(2) By Commission Implementing Decision C(2015) 8558 (3) of 15 December 2015, the Commission made a request to the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec), and the European Telecommunications Standards Institute (ETSI) for the drafting, the revision and the completion of the work on harmonised standards in support of Directive 2014/32/EU for certain measuring instruments.

(3) On the basis of the request set out in Implementing Decision C(2015) 8558, CEN and Cenelec revised harmonised standards EN 1359, EN 12261, EN 12405-1 and EN 14236. This resulted in the adoption of respective harmonised standards EN 1359:2017 on diaphragm gas meters; EN 12261:2018 on turbine gas meters; EN 12405-1:2018 on gas volume conversion devices; and EN 14236:2018 on ultrasonic domestic gas meters.

(4) The Commission, together with CEN and Cenelec, has assessed whether the standards EN 1359:2017, EN 12261:2018, EN 12405-1:2018, and EN 14236:2018 comply with the request set out in Implementing Decision C(2015) 8558.

(5) The standards EN 1359:2017, EN 12261:2018, EN 12405-1:2018, and EN 14236:2018 satisfy the requirements which they aim to cover and which are set out in Directive 2014/32/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

(6) However, it is necessary to clarify which versions of international and European standards referred to in Clause 2 ‘Normative references’ of standards EN 1359:2017, EN 12261:2018, EN 12405-1:2018, EN 14236:2018 are to be applied for the purposes of presumption of conformity.

(7) As the result of the work by CEN and Cenelec on the basis of the request of the Commission, the following harmonised standards published in the C series of the Official Journal of the European Union (4) have been revised: EN 1359:1998/A1:2006; EN 12261:2002/A1:2006; EN 12405-1:2005+A2:2010; and EN 14236:2007. It is therefore necessary to withdraw the references of those standards from the Official Journal of the European Union. In order to give manufacturers sufficient time to prepare for application of the revised standards or amendments to standards, it is necessary to defer the withdrawal of the references to those harmonised standards.

(8) Harmonised standards EN 14154-1:2005+A2:2011, EN 14154-2:2005+A2:2011, and EN 14154-3:2005+A2:2011 for water meters were withdrawn by CEN and Cenelec. Those standards no longer represent the state-of-the-art and should be considered obsolete. It is therefore necessary to withdraw the references to those standards from the Official Journal of the European Union (5). In order to provide manufacturers the necessary time to adapt, it is necessary to defer the withdrawal of the references to those standards for a period of 6 months.

(9) For reasons of clarity and legal certainty, a complete list of references of harmonised standards drafted in support of Directive 2014/32/EU and satisfying the essential requirements they aim to cover should be published in one act. The other references of standards originally published in Commission Communication 2012/C 218/08 (6) should therefore also be included in this Decision either by confirming their validity or setting a date for their withdrawal from the Official Journal of the European Union. That Communication should therefore be repealed from the date of entry into force of this Decision. However, it should continue to apply in respect of the references of the standards that are withdrawn by this Decision, given that it is necessary to defer the withdrawal of those references.

(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 date of its publication,

HAS ADOPTED THIS DECISION:

Article 1 The references to harmonised standards for measuring instruments in support of Directive 2014/32/EU listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.

Article 2 Commission communication 2012/C 218/08 is repealed. It shall continue to apply in respect of the references of the standards listed in Annex II to this Decision until the dates set out in that Annex.

Article 3 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 25 August 2021. For the Commission The President Ursula VON DER LEYEN

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

(2) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instrument (OJ L 96, 29.3.2014, p. 149).

(3) Commission Implementing Decision C(2015) 8558 final of 15 December 2015 on a standardisation request to the European Committee for Standardisation, to the European Committee for Electrotechnical Standardisation and to the European Telecommunications Standards Institute pursuant to Regulation (EU) No 1025/2012 of the European Parliament and of the Council as regards certain measuring instruments.

(4) Commission communication in the framework of the implementation of the Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (OJ C 218, 24.7.2012, p. 7).

(5) OJ C 218, 24.7.2012, p. 7.

(6) OJ C 218, 24.7.2012, p. 7.