COMMISSION IMPLEMENTING DECISION 2023/98

of 9 January 2023

amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for lamp controlgear, luminaires, climatic and environmental testing and other temperature conditioning equipment and power metering and monitoring devices

(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 12 of Directive 2014/35/EU of the European Parliament and of the Council (2), electrical equipment which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the safety objectives referred to in Article 3 of that Directive and set out in Annex I to that Directive, covered by those harmonised standards or parts thereof.

(2) By letter M/511 of 8 November 2012, 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 providing the first full list of the titles of harmonised standards and for the drafting, revision and the completion of harmonised standards, for electrical equipment designed for use within certain voltage limits in support of Directive 2014/35/EU (‘the request’). The safety objectives referred to in Article 3 of Directive 2014/35/EU and set out in Annex I to that Directive have not changed since the request was made to CEN, Cenelec and ETSI.

(3) On the basis of the request, CEN and Cenelec drafted harmonised standard EN IEC 61010-2-012:2022 and the amendment thereto EN IEC 61010-2-012:2022/A11:2022, for climatic and environmental testing and other temperature conditioning equipment.

(4) On the basis of the request, CEN and Cenelec revised harmonised standard EN 60598-2-22:2014, as amended by EN 60598-2-22:2014/A1:2020 and corrected by EN 60598-2-22:2014/AC:2015, EN 60598-2-22:2014/AC:2016-05 and EN 60598-2-22:2014/AC:2016-09, for luminaires for emergency lighting, the references of which are published by Commission Implementing Decision (EU) 2019/1956 (3). This resulted in the adoption of harmonised standard EN IEC 60598-2-22:2022.

(5) On the basis of the request, CEN and Cenelec also revised the following harmonised standards, the references of which are published by Commission Communication (4): EN 61557-12:2008, for performance measuring and monitoring devices; and EN 60598-1:2015, as amended by EN 60598-1:2015/A1:2018 and corrected by EN 60598-1:2015/AC:2015, EN 60598-1:2015/AC:2016 and EN 60598-1:2015/AC:2017-05, for luminaires. This resulted in the adoption of the following harmonised standards: EN IEC 61557-12:2022; and EN IEC 60598-1:2021 and the amendment thereto EN IEC 60598-1:2021/A11:2022.

(6) On the basis of the request, CEN and Cenelec amended harmonised standard EN 61347-2-7:2012, as amended by EN 61347-2-7:2012/A1:2019, for lamp control gear, the references of which are published by Implementing Decision (EU) 2019/1956. This resulted in the adoption of amending harmonised standard EN 61347-2-7:2012/A2:2022.

(7) The Commission, together with CEN and Cenelec, has assessed whether those harmonised standards and amendments thereto comply with the request.

(8) The following harmonised standards satisfy the safety objectives which they aim to cover and which are set out in Directive 2014/35/EU: EN IEC 61010-2-012:2022, as amended by EN IEC 61010-2-012:2022/A11:2022; EN IEC 61557-12:2022; EN IEC 60598-1:2021, as amended by EN IEC 60598-1:2021/A11:2022; EN IEC 60598-2-22:2022; and EN 61347-2-7:2012, as amended by EN 61347-2-7:2012/A1:2019 and EN 61347-2-7:2012/A2:2022. It is therefore appropriate to publish the references of those standards and of the amendments thereto in the Official Journal of the European Union.

(9) Implementing Decision (EU) 2019/1956 provides in Annex I thereto the references of harmonised standards conferring a presumption of conformity with Directive 2014/35/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/35/EU are listed in one act, the references of those standards should be included in that Annex.

(10) It is therefore necessary to withdraw the references of harmonised standards EN 60598-2-22:2014 and EN 61347-2-7:2012, together with the references of any amending or correcting standards thereto published in the L Series of the Official Journal of the European Union, given that they have been revised or amended. It is therefore appropriate to delete those references from Annex I to Implementing Decision (EU) 2019/1956.

(11) It is also necessary to withdraw the references of harmonised standards EN 61557-12:2008 and EN 60598-1:2015, together with the references of any amending or correcting standards thereto published in the C Series of the Official Journal of the European Union, given that they have been revised. Annex II to Implementing Decision (EU) 2019/1956 lists the references of harmonised standards drafted in support of Directive 2014/35/EU that are withdrawn from the C Series of the Official Journal of the European Union. It is therefore appropriate to include those references in that Annex.

(12) In order to allow manufacturers sufficient time to adapt their electrical equipment that is covered by harmonised standards: EN 61557-12:2008; EN 60598-1:2015, as amended by EN 60598-1:2015/A1:2018 and corrected by EN 60598-1:2015/AC:2015, EN 60598-1:2015/AC:2016 and EN 60598-1:2015/AC:2017-05; EN 60598-2-22:2014 as amended by EN 60598-2-22:2014/A1:2020 and corrected by EN 60598-2-22:2014/AC:2015, EN 60598-2-22:2014/AC:2016-05 and EN 60598-2-22:2014/AC:2016-09; and EN 61347-2-7:2012 as amended by EN 61347-2-7:2012/A1:2019, it is necessary to defer the withdrawal of the references of those harmonised standards.

(13) Implementing Decision (EU) 2019/1956 should therefore be amended accordingly.

(14) Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements, including the safety objectives, 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 Implementing Decision (EU) 2019/1956 is amended as follows: (a) Annex I is amended in accordance with Annex I to this Decision; (b) Annex II is amended in accordance with Annex II 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. Point (1) of Annex I shall apply from 11 July 2024.

Done at Brussels, 9 January 2023. For the Commission The President Ursula VON DER LEYEN

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

(2) Directive 2014/35/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 electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).

(3) Commission Implementing Decision (EU) 2019/1956 of 26 November 2019 on the harmonised standards for electrical equipment designed for use within certain voltage limits and drafted in support of Directive 2014/35/EU of the European Parliament and of the Council (OJ L 306, 27.11.2019, p. 26).

(4) Commission Communication in the framework of the implementation of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ C 326, 14.9.2018, p. 4).