COMMISSION IMPLEMENTING DECISION (EU) 2020/1779

of 27 November 2020

amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for certain household and similar appliances, electrical supply track systems for luminaires, luminaires for emergency lighting, switches for household and similar fixed electrical installations, circuit breakers, proximity switches, arc welding power sources and electrical equipment for measurement, control and laboratory use

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 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 M/511, CEN and Cenelec revised the following standards, the references of which are published in the C series of the Official Journal of the European Union by Commission Communication (2018/C326/02) (3): EN 60947-5-2:2007; and EN 60974-1:2012. This resulted in the adoption of, respectively, the following harmonised standards and an amendment: EN IEC 60947-5-2:2020, for switchgear and controlgear (control circuit devices and switching elements - proximity switches); and EN IEC 60974-1:2018 and EN IEC 60974-1:2018/A1:2019, for arc welding equipment (welding power sources).

(4) On the basis of the request M/511, CEN and Cenelec amended the following harmonised standards, the references of which are included in Annex I to Commission Implementing Decision (EU) 2019/1956 (4): EN 60598-2-22:2014 for luminaires for emergency lighting; and EN 60947-2:2017 for low-voltage switchgear and controlgear. This resulted in the adoption of, respectively, the following amending harmonised standards: EN 60598-2-22:2014/A1:2020; and EN 60947-2:2017/A1:2020. CEN and Cenelec also amended the following harmonised standards, the references of which are published in the C series of the Official Journal of the European Union by Communication (2018/C326/02): EN 60335-2-78:2003 for outdoor barbecues; EN 60335-2-82:2003 for amusement machines and personal service machines; EN 60335-2-105:2005 for multifunctional shower cabinets; EN 60570:2003 for electrical supply track systems for luminaires; and EN 61010-1:2010 for electrical equipment for measurement, control and laboratory use. This resulted in the adoption of, respectively, the following amending harmonised standards and a correcting standard: EN 60335-2-78:2003/A11:2020; EN 60335-2-82:2003/A2:2020; EN 60335-2-105:2005/A2:2020; EN 60570:2003/A2:2020; EN 61010-1:2010/A1:2019 and EN 61010-1:2010/A1:2019/AC:2019-04.

(5) The Commission, together with CEN and Cenelec, has assessed whether those harmonised standards and amendments and a correction thereto comply with the request M/511.

(6) Harmonised standards EN IEC 60947-5-2:2020, EN IEC 60974-1:2018 as amended by EN IEC 60974-1:2018/A1:2019, EN 60335-2-78:2003 as amended by EN 60335-2-78:2003/A11:2020, EN 60335-2-82:2003 as amended by EN 60335-2-82:2003/A2:2020, EN 60335-2-105:2005 as amended by EN 60335-2-105:2005/A2:2020, EN 60570:2003 as amended by EN 60570:2003/A2:2020, EN 60598-2-22:2014 as amended by EN 60598-2-22:2014/A1:2020, EN 60947-2:2017 as amended by EN 60947-2:2017/A1:2020, and EN 61010-1:2010 as amended by EN 61010-1:2010/A1:2019 and corrected by EN 61010-1:2010/A1:2019/AC:2019-04, and as amended or corrected by any other standards references of which are published in the Official Journal of the European Union, satisfy the safety objectives which they aim to cover and which are set out in Directive 2014/35/EU. 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.

(7) Implementing Decision (EU) 2019/1956 provides in its Annex I 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 Implementing Decision (EU) 2019/1956.

(8) CEN and Cenelec also drafted corrigendum EN 60669-1:2018/AC:2020-02 correcting harmonised standard EN 60669-1:2018 for switches for household and similar fixed electrical installations, the reference of which is included in Annex I to Implementing Decision (EU) 2019/1956. As the corrigendum introduces technical corrections to that standard and in order to ensure correct and consistent application of harmonised standards the references of which have been published, it is appropriate to include the reference of that harmonised standard together with the reference of the corrigendum in Annex I to Implementing Decision (EU) 2019/1956.

(9) It is therefore necessary to withdraw the references of the following harmonised standards, from the C series of the Official Journal of the European Union, given that they have been revised, amended or corrected, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union: EN 60947-5-2:2007; EN 60974-1:2012; EN 60335-2-78:2003; EN 60335-2-82:2003; EN 60335-2-105:2005; EN 60570:2003; and EN 61010-1:2010. 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.

(10) It is also necessary to withdraw the references of harmonised standards EN 60669-1:2018, EN 60598-2-22:2014 and EN 60947-2:2017, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union, from the L series of the Official Journal of the European Union, given that they have been corrected or amended. It is therefore appropriate to delete those references from Annex I to Implementing Decision (EU) 2019/1956.

(11) In order to give manufacturers sufficient time to prepare for application of harmonised standards EN IEC 60947-5-2:2020, EN IEC 60974-1:2018 as amended by EN IEC 60974-1:2018/A1:2019, EN 60335-2-78:2003 as amended by EN 60335-2-78:2003/A11:2020, EN 60335-2-82:2003 as amended by EN 60335-2-82:2003/A2:2020, EN 60335-2-105:2005 as amended by EN 60335-2-105:2005/A2:2020, EN 60570:2003 as amended by EN 60570:2003/A2:2020, EN 60598-2-22:2014 as amended by EN 60598-2-22:2014/A1:2020, EN 60947-2:2017 as amended by EN 60947-2:2017/A1:2020, EN 61010-1:2010 as amended by EN 61010-1:2010/A1:2019 and corrected by EN 61010-1:2010/A1:2019/AC:2019-04, and EN 60669-1:2018 as corrected by EN 60669-1:2018/AC:2020-02, and as amended or corrected by any other standards references of which are published in the Official Journal of the European Union, it is necessary to defer the withdrawal of the references of harmonised standards EN 60947-5-2:2007, EN 60974-1:2012, EN 60598-2-22:2014, EN 60947-2:2017, EN 60335-2-78:2003, EN 60335-2-82:2003, EN 60335-2-105:2005, EN 60570:2003, EN 61010-1:2010 and EN 60669-1:2018, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union.

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

(13) 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 Annex I to Implementing Decision (EU) 2019/1956 is amended in accordance with Annex I to this Decision.

Article 2 Annex II to Implementing Decision (EU) 2019/1956 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 30 May 2022. Point (5) of Annex I shall apply from 30 May 2021.

Done at Brussels, 27 November 2020. 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 Communication (2018/C326/02) 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).

(4) 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).