COMMISSION IMPLEMENTING DECISION (EU) 2021/377

of 2 March 2021

amending Implementing Decision (EU) 2019/436 on harmonised standards for machinery drafted in support of Directive 2006/42/EC 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,

Having regard to Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (2), and in particular Article 7(3) thereof,

Whereas:

(1) In accordance with Article 7 of Directive 2006/42/EC machinery manufactured in conformity with a harmonised standard, the reference to which has been published in the Official Journal of the European Union, is to be presumed to comply with the essential health and safety requirements covered by such a harmonised standard.

(2) By letter M/396 of 19 December 2006, the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) (‘the Request’) for the drafting, the revision and the completion of the work on harmonised standards in support of Directive 2006/42/EC to take account of changes introduced by that Directive in comparison with Directive 98/37/EC of the European Parliament and of the Council (3).

(3) On the basis of the Request, CEN drafted new harmonised standards EN ISO 3743-2:2019 on methods for special reverberation test rooms for small, movable sources in reverberant fields, EN 62841-2-11:2016/A1:2020 concerning particular requirements for hand-held reciprocating saws and EN 62745:2017 on requirements for cableless control systems of machinery. Furthermore, on the basis of the Request, CEN and Cenelec revised the following existing harmonised standards, the references of which have been published by Commission Communication 2018/C 092/01 (4) to adapt them to technological progress: EN 574:1996+A1:2008; EN 349:1993+A1:2008; EN ISO 13857:2008; EN 1612-1:1997+A1:2008; EN 12643:2014; EN ISO 7096:2008; EN 12301:2000+A1:2008; EN 12965:2003+A2:2009; EN 13525:2005+A2:2009; EN 1870-19:2013; EN 940:2009+A1:2012; EN 1870-4:2012; EN ISO 19432:2012; EN ISO 15012-4:2016; and EN 60745-2-14:2009/A1:2010. This resulted in the adoption of, respectively, the following harmonised standards: EN ISO 13851:2019 on principles for design and selection of two-hand control devices; EN ISO 13854:2019 on minimum gaps to avoid crushing of parts of the human body; EN ISO 13857:2019 on safety distances to prevent hazard zones being reached by upper and lower limbs; EN 1612:2019 on safety requirements for reaction moulding machines and plants; EN ISO 5010:2019 on steering requirements for wheeled earth-moving machinery; EN ISO 7096:2020 on laboratory evaluation of operator seat vibration of earth-moving machinery; EN 12301:2019 on safety requirements for calenders plastics and rubber machinery; EN 12965:2019 on power take-off drive shafts and their guards for tractors and machinery for agriculture and forestry; EN 13525:2020 on safety requirements for wood chippers; EN ISO 19085-9:2020 on circular saw benches (with and without sliding tables); EN ISO 19085-11:2020 on combined woodworking machines; EN ISO 19085-13:2020 on multi-blade rip sawing machines with manual loading and/or unloading; EN ISO 19432-1:2020 on safety requirements for cut-off machines for centre-mounted rotating abrasive wheels; EN ISO 21904-1:2020 on equipment for capture and separation of welding fume; and EN 62841-4-1:2020 on particular requirements for chain saws.

(4) In addition, on the basis of the Request, CEN and Cenelec amended the following standards, the references of which are included in Annex I to Commission Implementing Decision (EU) 2019/436 (5): EN ISO 19225:2017 on shearer loaders and plough systems for mobile extracting machines, EN ISO 3691-5:2015 on pedestrian-propelled industrial trucks and EN 62841-3-4:2016 on transportable bench grinders. This resulted in the adoption of, respectively, the amending harmonised standards EN ISO 19225:2017/A1:2019 and EN ISO 3691-5:2015/A1:2020 and EN 62841-3-4:2016/A12:2020.

(5) CEN and Cenelec also amended the following harmonised standards, the references of which have been published by Communication 2018/C 092/01: EN ISO 11203:2009 on the determination of emission sound pressure levels for noise emitted by machinery and equipment; EN ISO 3691-1:2015 on variable-reach trucks and burden-carrier trucks; EN ISO 4254-11:2010 on pick-up balers; EN ISO 20361:2015 on liquid pumps and pump units; EN 50636-2-107:2015 on robotic battery powered electrical lawnmowers and EN 62841-3-9:2015 on transportable mitre saws. This resulted in the adoption of, respectively, the following amending harmonised standards: EN ISO 11203:2009/A1:2020; EN ISO 3691-1:2015/A1:2020; EN ISO 4254-11:2010/A1:2020; EN ISO 20361:2019/A11:2020; EN 62745:2017/A11:2020; EN 50636-2-107:2015/A2:2020; and EN IEC 62841-3-9:2020/A11:2020.

(6) The Commission together with CEN and Cenelec has assessed whether the standards drafted, revised and amended by CEN and Cenelec comply with the Request.

(7) The harmonised standards drafted, revised and amended by CEN and Cenelec on the basis of the Request satisfy the safety requirements which they aim to cover and which are set out in Directive 2006/42/EC. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union, together with references of any relevant amending or correcting standards thereto.

(8) Implementing Decision (EU) 2019/436 provides in its Annex I the references of harmonised standards conferring a presumption of conformity with Directive 2006/42/EC and in its Annex II it provides the references of harmonised standards conferring a presumption of conformity with restrictions. In order to ensure that the references of harmonised standards drafted in support of Directive 2006/42/EC are listed in one act, the references of those standards should be included in Implementing Decision (EU) 2019/436.

(9) Annex III to Implementing Decision (EU) 2019/436 lists the references of harmonised standards drafted in support of Directive 2006/42/EC that are withdrawn from the C series of the Official Journal of the European Union as from the dates set out in that Annex.

(10) As the result of the work by CEN and Cenelec on the basis of the Request, the following harmonised standards the references of which are published by Communication 2018/C 092/01 have been replaced, revised or amended: EN 12301:2000+A1:2008; EN 574:1996+A1:2008; EN ISO 15012-4:2016; EN 12643:2014; EN 12965:2003+A2:2009; EN 13525:2005+A2:2009; EN 1612-1:1997+A1:2008; EN 1870-19:2013; EN 1870-4:2012; EN 349:1993+A1:2008; EN 50636-2-107:2015 as amended by EN 50636-2-107:2015/A1:2018; EN 60745-2-13:2009 as amended by EN 60745-2-13:2009/A1:2010; EN 62841-2-11:2016; EN 62841-3-9:2015 as amended by EN 62841-3-9:2015/A11:2017 and corrected by EN 62841-3-9:2015/AC:2016-09; EN 940:2009+A1:2012; EN ISO 11203:2009; EN ISO 13857:2008; EN ISO 19432:2012; EN ISO 20361:2015; EN ISO 3691-1:2015 as corrected by EN ISO 3691-1:2015/AC:2016; EN ISO 4254-11:2010; and EN ISO 7096:2008 as corrected by EN ISO 7096:2008/AC:2009. It is therefore necessary to withdraw the references of those standards from the Official Journal of the European Union by including those references in Annex III to Implementing Decision (EU) 2019/436.

(11) It is also necessary to withdraw the references of harmonised standards EN ISO 19225:2017 and EN ISO 3691-5:2015 published by Implementing Decision (EU) 2019/436, given that they have been corrected or amended. It is therefore appropriate to delete those references from Annex I to that Implementing Decision.

(12) In order to give manufacturers sufficient time to prepare for the application of the new standards, revised standards or amendments to standards, it is necessary to defer the withdrawal of the references of those harmonised standards.

(13) Implementing Decision (EU) 2019/436 should therefore be amended accordingly.

(14) 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 Annex I to Implementing Decision (EU) 2019/436 is amended in accordance with Annex I to this Decision.

Article 2 Annex III to Implementing Decision (EU) 2019/436 is amended in accordance with Annex II to this Decision.

Article 3 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. Points (1) and (3) of Annex I shall apply from 3 September 2022.

Done at Brussels, 2 March 2021. For the Commission The President Ursula VON DER LEYEN

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

(2) OJ L 157, 9.6.2006, p. 24.

(3) Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (OJ L 207, 23.7.1998, p. 1).

(4) Commission communication in the framework of the implementation of the Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 92, 9.3.2018, p. 1).

(5) Commission Implementing Decision (EU) 2019/436 of 18 March 2019 on the harmonised standards for machinery drafted in support of Directive 2006/42/EC of the European Parliament and of the Council (OJ L 75, 19.3.2019, p. 108).