COMMISSION IMPLEMENTING DECISION (EU) 2019/1923

of 18 November 2019

on the harmonised standards for cableway installations drafted in support of Regulation (EU) 2016/424 of the European Parliament and of the Council

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 17 of Regulation (EU) 2016/424 of the European Parliament and of the Council (2), subsystems and safety components for cableway installations 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 requirements set out in Annex II to that Regulation covered by those standards or parts thereof.

(2) By letter M/300 of 15 February 2000 the Commission made a request to the CEN, Cenelec and ETSI for drafting standards for the safety components of installations designed to carry persons in support of Directive 2000/9/EC of the European Parliament and of the Council (3). That Directive was replaced by Regulation (EU) 2016/424 without making amendments to the essential safety requirements.

(3) On the basis of the request M/300 CEN drafted several harmonised standards related to the safety requirements for cableway installations designed to carry persons. In particular, CEN drafted EN 17064:2018 and revised standards EN 1709:2004, EN 12927-1:2004, EN 12927-3:2004, EN 12927-4:2004, EN 12927-5:2004 and EN 12927-8:2004, replacing them with standards EN 1709:2019 and EN 12927:2019.

(4) The Commission together with the CEN has assessed whether the standards EN 17064:2018, EN 1709:2019 and EN 12927:2019 drafted by CEN comply with the mandate M/300.

(5) The standards EN 17064:2018, EN 1709:2019 and EN 12927:2019 satisfy the requirements which they aim to cover and which are set out in Annex II to Regulation (EU) 2016/424. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

(6) Standard EN 1709:2019 replaces standard EN 1709:2004 and standard EN 12927:2019 replaces standards EN 12927-1:2004, EN 12927-3:2004, EN 12927-4:2004, EN 12927-5:2004 and EN 12927-8:2004. It is therefore necessary to withdraw the references of those standards from the Official Journal of the European Union. In order to give manufacturers sufficient time to prepare for application of standards EN 1709:2019 and EN 12927:2019, it is necessary to defer the withdrawal of the references of the standards that are replaced.

(7) 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 cableway installations drafted in support of Regulation (EU) 2016/424 listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.

Article 2 The references of harmonised standards for cableway installations drafted in support of Regulation (EU) 2016/424 listed in Annex II to this Decision, are hereby withdrawn from the Official Journal of the European Union as from the dates set out in that Annex.

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, 18 November 2019. For the Commission The President Jean-Claude JUNCKER

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

(2) Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (OJ L 81, 31.3.2016, p. 1).

(3) Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons (OJ L 106, 3.5.2000, p. 21).