COMMISSION IMPLEMENTING DECISION (EU) 2022/1668

of 28 September 2022

on harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres drafted in support of Directive 2014/34/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 12 of Directive 2014/34/EU of the European Parliament and of the Council (2), products 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 health and safety requirements set out in Annex II to that Directive covered by those standards or parts thereof.

(2) By letter BC/CEN/46-92 – BC/CLC/05-92 of 12 December 1994, the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) for the drafting and revision of harmonised standards in support of Directive 94/9/EC of the European Parliament and of the Council (3) (‘the request’). That Directive was replaced by Directive 2014/34/EU without changing the essential health and safety requirements set out in Annex II to Directive 94/9/EC. Those requirements are currently set out in Annex II to Directive 2014/34/EU.

(3) In particular, CEN and Cenelec were requested to draft new standards on the design and testing of equipment for use in potentially explosive atmospheres as indicated in Chapter I of the standardisation programme agreed between CEN and Cenelec and the Commission and attached to the request. CEN and Cenelec were also requested to revise the existing standards with a view to aligning them to the essential health and safety requirements of Directive 94/9/EC.

(4) On the basis of the request, CEN drafted harmonised standard ‘EN 15967:2022 – Determination of maximum explosion pressure and the maximum rate of pressure rise of gases and vapours’.

(5) The Commission together with CEN has assessed whether standard ‘EN 15967:2022’ drafted by CEN complies with the request.

(6) The standard ‘EN 15967:2022’ satisfies the requirements it aims to cover and which are set out in Annex II to Directive 2014/34/EU. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union.

(7) Standard ‘EN 15967:2022’ replaces standard EN 15967:2011. It is therefore necessary to withdraw from the C series of the Official Journal of the European Union the reference of standard ‘EN 15967:2011’ that is published by Commission communication 2018/C 371/01 (4).

(8) In order to give manufacturers sufficient time to adapt their products to the revised version of standard ‘EN 15967:2011’, it is necessary to defer the withdrawal of the reference to that standard.

(9) In the interests of clarity and rationality, a complete list of references of harmonised standards drafted in support of Directive 2014/34/EU and satisfying the requirements they aim to cover should be published in a single act. The references of harmonised standards drafted in support of Directive 2014/34/EU are currently published by Commission Implementing Decision (EU) 2019/1202 (5) and Communication 2018/C 371/01.

(10) Implementing Decision (EU) 2019/1202 has been substantially amended several times. In the interests of clarity and rationality, and since further amendment needs to be made to that Implementing Decision, that Implementing Decision should be repealed and replaced.

(11) Many of the references of harmonised standards published by Communication 2018/C 371/01 have been withdrawn. Implementing Decision (EU) 2019/1202 provides for withdrawal of the remaining references of harmonised standards that are published by that Communication. In the interests of clarity and rationality Communication 2018/C 371/01 should be repealed. In order to give manufacturers sufficient time to adapt their products to the revised versions of the standards concerned, Communication 2018/C 371/01 should continue to apply until the dates of withdrawal of the references of harmonised standards concerned published by that Communication.

(12) 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 of harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres in support of Directive 2014/34/EU, listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.

Article 2 Implementing Decision (EU) 2019/1202 is repealed.

Article 3 Communication 2018/C 371/01 is repealed. However, it shall continue to apply in respect of the references of harmonised standards listed in Annex II to this Decision until the dates of withdrawal of those references.

Article 4 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 28 September 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Directive 2014/34/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 equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 96, 29.3.2014, p. 309).

(3) Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 100, 19.4.1994, p. 1).

(4) Commission communication in the framework of the implementation of Directive 2014/34/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 371, 12.10.2018, p. 1).

(5) Commission Implementing Decision (EU) 2019/1202 of 12 July 2019 on the harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres drafted in support of Directive 2014/34/EU of the European Parliament and of the Council (OJ L 189, 15.7.2019, p. 71).