COMMISSION IMPLEMENTING DECISION (EU) 2022/1954

of 12 October 2022

on harmonised standards for recreational craft and personal watercraft drafted in support of Directive 2013/53/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 14 of Directive 2013/53/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 presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 4(1) of Directive 2013/53/EU and Annex I to that Directive.

(2) By Implementing Decision C(2015) 8736 (3), the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting and revision of harmonised standards in support of Directive 2013/53/EU addressing the stricter essential requirements set out in Article 4(1) of Directive 2013/53/EU and in Annex I to that Directive in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4).

(3) By Implementing Decision C(2015) 8736 CEN and Cenelec were also requested to revise standards the references of which were published by Commission communication 2018/C 209/05 (5).

(4) On the basis of the request set out in Implementing Decision C(2015) 8736, CEN revised harmonised standard EN ISO 10087:2019 on craft identification and coding system for small craft, the reference of which is included in Annex I to Commission Implementing Decision (EU) 2019/919 (6) . This resulted in the adoption of the harmonised standard EN ISO 10087:2022 on craft identification and coding system for small craft.

(5) The Commission together with CEN has assessed whether this harmonised standard complies with the request set out in Implementing Decision C(2015) 8736.

(6) The standard EN ISO 10087:2022 satisfies the requirements which it aims to cover and which are set out in Article 4(1) of Directive 2013/53/EU, as well as in Part A of Annex I to that Directive. It is therefore appropriate to publish the reference of this standard in the Official Journal of the European Union.

(7) Standard EN ISO 10087:2022 is to replace standard EN ISO 10087:2019. It is therefore necessary to withdraw the reference of standard EN ISO 10087:2019 from the Official Journal of the European Union.

(8) In order to give manufacturers sufficient time to adapt their products to the revised version of harmonised standard EN ISO 10087:2019, it is necessary to defer the withdrawal of the reference of this standard.

(9) In the interests of clarity and rationality, a complete list of references of harmonised standards drafted in support of Directive 2013/53/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 2013/53/EU are currently published by Implementing Decision (EU) 2019/919 and Communication 2018/C 209/05.

(10) Implementing Decision (EU) 2019/919 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 replaced.

(11) Many of the references of harmonised standards published by Communication 2018/C 209/05 have been withdrawn. Implementing Decision (EU) 2019/919 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 209/05 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 209/05 should continue to apply until the dates of withdrawal of the references of harmonised standards concerned published by that Communication. 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 recreational craft and personal watercraft drafted in support of Directive 2013/53/EU, listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.

Article 2 Implementing Decision (EU) 2019/919 is repealed.

Article 3 Communication 2018/C 209/05 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 set out in that Annex.

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, 12 October 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90).

(3) Commission Implementing Decision C(2015) 8736 final of 15 December 2015 on a standardisation request to the European Committee for Standardisation and the European Committee for Electro-technical Standardisation as regards recreational craft and personal watercraft in support of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC.

(4) Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 164, 30.6.1994, p. 15).

(5) Commission communication in the framework of the implementation of Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft and repealing Directive 94/25/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 209, 15.6.2018, p. 137).

(6) Commission Implementing Decision (EU) 2019/919 of 4 June 2019 on the harmonised standards for recreational craft and personal watercraft drafted in support of Directive 2013/53/EU of the European Parliament and of the Council (OJ L 146, 5.6.2019, p. 106).