COMMISSION IMPLEMENTING DECISION (EU) 2022/910

of 9 June 2022

amending Implementing Decision (EU) 2019/1326 as regards the harmonised standards for electromagnetic compatibility of low-voltage switches, disconnectors, switch-disconnectors and fuse-combination units, and for external power supply for mobile phones

(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 13 of Directive 2014/30/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 essential requirements set out in Annex I to that Directive covered by those standards or parts thereof.

(2) By Implementing Decision C(2016) 7641 (3), 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 and revision of harmonised standards for electromagnetic compatibility in support of Directive 2014/30/EU.

(3) On the basis of the request set out in Implementing Decision C(2016) 7641, Cenelec revised the harmonised standard EN IEC 60947-3:2009 and the amendment thereto, EN IEC 60947-3:2009/A1:2012, for low-voltage switches, disconnectors, switch-disconnectors and fuse combination units, the references of which are published by Commission Communication (2018/C 246/01) (4).

(4) This resulted in the adoption of the harmonised standard EN IEC 60947-3:2021 for low voltage switchgear and controlgear: switches, disconnectors, switch-disconnectors and fuse-combination units.

(5) The Commission, together with Cenelec, has assessed whether the harmonised standard EN IEC 60947-3:2021 complies with the request set out in Implementing Decision C(2016) 7641.

(6) The harmonised standard EN IEC 60947-3:2021 satisfies the essential requirements which it aims to cover and which are set out in Directive 2014/30/EU. It is therefore appropriate to publish the references of that harmonised standard in the Official Journal of the European Union.

(7) Annex I to Commission Implementing Decision (EU) 2019/1326 (5) lists the references of harmonised standards conferring a presumption of conformity with Directive 2014/30/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/30/EU are listed in one act, the reference of the harmonised standard EN IEC 60947-3:2021 should be included in that Annex.

(8) It is therefore necessary to withdraw from the Official Journal of the European Union the references of the harmonised standard EN IEC 60947-3:2009 and of its amendment EN IEC 60947-3:2009/A1:2012.

(9) By letter of 15 November 2021 ETSI informed the Commission that harmonised standard EN 61204-3:2000 on the electromagnetic compatibility of low voltage power supplies, d.c. output, the reference of which is published by Communication (2018/C 246/01), covers chargers falling within the scope of harmonised standard EN 301 489-34 V1.4.1. The Commission, together with ETSI, has assessed that the harmonised standard EN 61204-3:2000 can be used instead of the harmonised standard EN 301 489-34 V1.4.1 because the additional protection requirements in standard EN 301 489-34 V1.4.1 to protect the charger from fields generated by the mobile phone are no longer necessary.

(10) It is therefore necessary to withdraw from the Official Journal of the European Union the reference of the harmonised standard EN 301 489-34 V1.4.1.

(11) Annex II to Implementing Decision (EU) 2019/1326 lists the references of harmonised standards drafted in support of Directive 2014/30/EU that are withdrawn from the C series of the Official Journal of the European Union. It is therefore appropriate to include the references of harmonised standard EN IEC 60947-3:2009 and of its amendment EN IEC 60947-3:2009/A1:2012 and of harmonised standard EN 301 489-34 V1.4.1 in that Annex.

(12) In order to give manufacturers sufficient time to prepare for the application of harmonised standard EN IEC 60947-3:2021, it is necessary to defer the withdrawal of the references of harmonised standard EN IEC 60947-3:2009 and of its amendment EN IEC 60947-3:2009/A1:2012.

(13) In order to give manufacturers sufficient time to prepare for the application of harmonised standard EN 61204-3:2000 instead of harmonised standard EN 301 489-34 V1.4.1 it is necessary to defer the withdrawal of the reference of that harmonised standard.

(14) Implementing Decision (EU) 2019/1326 should therefore be amended accordingly.

(15) 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 Annex I to Implementing Decision (EU) 2019/1326 is amended in accordance with Annex I to this Decision.

Article 2 Annex II to Implementing Decision (EU) 2019/1326 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.

Done at Brussels, 9 June 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Directive 2014/30/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 electromagnetic compatibility (OJ L 96, 29.3.2014, p. 79).

(3) Commission Implementing Decision C(2016) 7641 of 30 November 2016 on a standardisation request to the European Committee for Standardisation, to the European Committee for Electrotechnical Standardisation and to the European Telecommunications Standards Institute as regards harmonised standards in support of Directive 2014/30/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 electromagnetic compatibility.

(4) Commission communication in the framework of the implementation of Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 246, 13.7.2018, p. 1).

(5) Commission Implementing Decision (EU) 2019/1326 of 5 August 2019 on the harmonised standards for electromagnetic compatibility drafted in support of Directive 2014/30/EU of the European Parliament and of the Council (OJ L 206, 6.8.2019, p. 27).