COMMISSION IMPLEMENTING DECISION (EU) 2019/1698

of 9 October 2019

on European standards for products drafted in support of Directive 2001/95/EC of the European Parliament and of the Council on general product safety

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular the first subparagraph of Article 4(2) thereof,

Whereas:

(1) In accordance with the second subparagraph of Article 3(2) of Directive 2001/95/EC, a product is to be presumed safe, as far as the risks and risk categories covered by the relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards, the references of which have been published by the Commission in the Official Journal of the European Union in accordance with Article 4 of that Directive.

(2) On 27 July 2011 the Commission adopted Decision 2011/479/EU (2) on the safety requirements to be met by the European standards for gymnastic equipment.

(3) By letter M/507 of 5 September 2012, the Commission made a request to CEN for drawing up European standards to address the main risks associated with gymnastic equipment pursuant to the safety requirements. On the basis of that request, CEN adopted a standard: EN 913:2008 for gymnastic equipment — general safety requirements and test methods. The reference of that standard was published in the Official Journal of the European Union (3) on 11 July 2014 on the basis of Commission Implementing Decision 2014/357/EU (4).

(4) Taking into account new knowledge and the development of the market, CEN drafted new European standard EN 913:2018.

(5) European standard EN 913:2018 complies with the general safety requirement set out in Directive 2001/95/EC. Its reference should therefore be published in the Official Journal of the European Union.

(6) On 29 November 2011 the Commission adopted Decision 2011/786/EU (5) on the safety requirements to be met by the European standards for bicycles, bicycles for young children, and luggage carriers for bicycles.

(7) By letter M/508 of 6 September 2012, the Commission made a request to CEN for drawing up European standards to address the main risks associated with bicycles, bicycles for young children and luggage carriers for bicycles pursuant to the safety requirements. On the basis of that request, CEN adopted a series of standards: EN ISO 4210-2:2014 for requirements for city and trekking, young adult, mountain and racing bicycles and EN ISO 4210-6:2014 for frame and fork test methods. The references of those standards were published in the Official Journal of the European Union (6) on the basis of Commission Implementing Decision (EU) 2015/681 (7).

(8) Taking into account new knowledge and the development of the market, CEN drafted new European standards EN ISO 4210-2-2015 and EN ISO 4210-6-2015.

(9) European standards EN ISO 4210-2-2015 and EN ISO 4210-6-2015 comply with the general safety requirement set out in Directive 2001/95/EC. Their reference should therefore be published in the Official Journal of the European Union.

(10) On the basis of the request M/508 of 6 September 2012 of the Commission, CEN adopted a standard: EN 14872:2006 for bicycles — Accessories for bicycles — Luggage carriers. The reference of that standard was published in the Official Journal of the European Union (8) on the basis of Commission Decision 2006/514/EC (9).

(11) Taking into account new knowledge and the development of the market, CEN drafted new European standard EN ISO 11243:2016.

(12) European standard EN ISO 11243:2016 complies with the general safety requirement set out in Directive 2001/95/EC. Its reference should therefore be published in the Official Journal of the European Union.

(13) On 25 March 2008 the Commission adopted Decision 2008/264/EC (10) on the safety requirements to be met by the European standards for cigarettes.

(14) By letter M/425 of 27 June 2008, the Commission made a request to the European Committee for Standardisation (CEN) for drawing up European standards to address the main risks associated with cigarettes pursuant to the fire safety requirements. On the basis of that request, CEN adopted the standard: EN ISO 12863:2010 on test method for assessing the ignition propensity of cigarettes. The reference of that standard was published in the Official Journal of the European Union (11) on the basis of Commission Decision 2011/496/EU (12).

(15) Taking into account new knowledge and the development of the market, CEN amended standard EN ISO 12863:2010 by adopting the amendment EN ISO 12863:2010/A1:2016.

(16) The amendment EN ISO 12863:2010/A1:2016 complies with the general safety requirement set out in Directive 2001/95/EC. Its reference should therefore be published in the Official Journal of the European Union.

(17) On 27 July 2011 the Commission adopted Decision 2011/476/EU (13) on the safety requirements to be met by the European standards for stationary training equipment.

(18) By letter M/506 of 5 September 2012, the Commission made a request to CEN for drawing up European standards to address the main risks associated with stationary training equipment pursuant to the safety requirements. On the basis of that request, CEN adopted a series of standards: EN 957-4:2006+A1:2010 for strength training benches, additional specific safety requirements and test methods; EN 957-5:2009 for stationary exercise bicycles and upper body crank training equipment, additional specific safety requirements and test methods, EN 957-8:1998 for steppers, stairclimbers and climbers — additional specific safety requirements and test methods, EN 957-9:2003 for elliptical trainers, additional specific safety requirements and test methods, and EN 957-10:2005 for exercise bicycles with a fixed wheel or without freewheel, additional specific safety requirements and test methods. The references of those standards were published in the Official Journal of the European Union (14) on the basis of Implementing Decision 2014/357/EU.

(19) Taking into account new knowledge and the development of the market, CEN drafted new standards EN ISO 20957-4:2016, EN ISO 20957-5:2016, EN ISO 20957-8:2017, EN ISO 20957-9:2016 and EN ISO 20957-10:2017.

(20) European standards EN ISO 20957-4:2016, EN ISO 20957-5:2016, EN ISO 20957-8:2017, EN ISO 20957-9:2016 and EN ISO 20957-10:2017 comply with the general safety requirement set out in Directive 2001/95/EC. Their references should therefore be published in the Official Journal of the European Union.

(21) On 21 April 2005 the Commission adopted Decision 2005/323/EC (15) on the safety requirements to be met by the European standards for floating leisure articles for use on and in the water.

(22) By letter M/372 of 5 September 2012, the Commission made a request to CEN for drawing up European standards to address the main risks associated with floating leisure articles for use on and in the water pursuant to the safety requirements. On the basis of that request, CEN adopted a series of standards: EN 15649-1:2009+A2:2013, EN 15649-2:2009+A2:2013, EN 15649-3:2009+A1:2012, EN 15649-4:2010+A1:2012, EN 15649-5:2009, EN 15649-6:2009+A1:2013, EN 15649-7:2009 for floating leisure articles for use on and in the water. The references of that series of standards were published in the Official Journal of the European Union (16) on the basis of Commission Implementing Decisions 2014/359/EU (17), 2014/875/EU (18) and 2013/390/EU (19).

(23) Taking into account new knowledge and the development of the market, CEN drafted new series of European standard EN ISO 25649:2017 (parts 1 – 7).

(24) European standards EN ISO 25649:2017 (parts 1 – 7) comply with the general safety requirement set out in Directive 2001/95/EC. Their references should therefore be published in the Official Journal of the European Union.

(25) European standards EN 913:2008, EN 957-4:2006+A1:2010, EN 957-5:2009, EN 957-8:1998, EN 957-9:2003, EN 957-10:2005, EN ISO 4210-2:2014, EN ISO 4210-6:2014, EN 14872:2006 and EN 15649 series are replaced by new or amended European standards the references of which are to be published by this Decision. It is therefore necessary to withdraw the references of those standards from the Official Journal of the European Union (20).

(26) In the interests of clarity, a complete list of references of European standards drafted in support of Directive 2001/95/EC and satisfying the requirements they aim to cover should be published in one act. The references of European standards currently published in the Official Journal of the European Union (21) should therefore be included in this Decision. Consequently, it is necessary to repeal the relevant Commission Decisions on publication of those standards.

(27) Compliance with the relevant national standard transposing European standard the references of which have been published in the Official Journal of the European Union confers a presumption of safety as far as the risks and risk categories covered by the relevant national standard are concerned from the date of publication of the reference of the European standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication.

(28) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Directive 2001/95/EC,

HAS ADOPTED THIS DECISION:

Article 1 The references of European standards for products drafted in support of Directive 2001/95/EC, listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.

Article 2 The references of European standards for products drafted in support of Directive 2001/95/EC, listed in Annex II to this Decision, are hereby withdrawn from the Official Journal of the European Union.

Article 3 Commission Decision C(2004) 1493 (22), Commission Decision 2005/718/EC (23), Decision 2006/514/EC, Commission Decision 2009/18/EC (24), Decision 2011/496/EU, Commission Implementing Decision 2012/29/EU (25), Implementing Decision 2013/390/EU, Implementing Decision 2014/357/EU, Commission Implementing Decision 2014/358/EU (26), Implementing Decision 2014/359/EU, Commission Implementing Decision 2014/531/EU (27), Implementing Decision 2014/875/EU, Implementing Decision (EU) 2015/681, Commission Implementing Decision (EU) 2015/1345 (28) and Commission Implementing Decision (EU) 2017/1014 (29) are repealed.

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, 9 October 2019. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 11, 15.1.2002, p. 4.

(2) Commission Decision 2011/479/EU of 27 July 2011 on the safety requirements to be met by European standards for gymnastic equipment pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 197, 29.7.2011, p. 13).

(3) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(4) Commission Implementing Decision 2014/357/EU of 13 June 2014 on the compliance of European standards series EN 957 (parts 2 and 4-10) and EN ISO 20957 (part 1) for stationary training equipment and of ten European standards for gymnastic equipment with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the references of those standards in the Official Journal of the European Union (OJ L 175, 14.6.2014, p. 40).

(5) Commission Decision 2011/786/EU of 29 November 2011 on the safety requirements to be met by European standards for bicycles, bicycles for young children, and luggage carriers for bicycles pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 319, 2.12.2011, p. 106).

(6) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(7) Commission Implementing Decision (EU) 2015/681 of 29 April 2015 on the publication of the references of standard EN ISO 4210, parts 1-9, for city and trekking bicycles, mountain bicycles and racing bicycles, and of standard EN ISO 8098 for bicycles for young children in the Official Journal of the European Union pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 111, 30.4.2015, p. 30).

(8) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(9) Commission Decision 2006/514/EC of 20 July 2006 on compliance of certain standards with the general safety requirement of Directive 2001/95/EC and the publication of their references in the Official Journal (OJ L 200, 22.7.2006, p. 35).

(10) Commission Decision 2008/264/EC of 25 March 2008 on the fire safety requirements to be met by European standards for cigarettes pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 83, 26.3.2008, p. 35).

(11) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(12) Commission Decision 2011/496/EU of 9 August 2011 on the compliance of standard EN 16156:2010 ‘Cigarettes — Assessment of the ignition propensity — Safety requirement’ and of standard EN ISO 12863:2010 ‘Standard test method for assessing the ignition propensity of cigarettes’ with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the references of standard EN 16156:2010 ‘Cigarettes — Assessment of the ignition propensity — Safety requirement’ and of standard EN ISO 12863:2010 ‘Standard test method for assessing the ignition propensity of cigarettes’ in the Official Journal of the European Union (OJ L 205, 10.8.2011, p. 31).

(13) Commission Decision 2011/476/EU of 27 July 2011 on the safety requirements to be met by European standards for stationary training equipment pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 196, 28.7.2011, p. 16).

(14) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(15) Commission Decision 2005/323/EC of 21 April 2005 on the safety requirements to be met by the European standards for floating leisure articles for use on or in the water pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 104, 23.4.2005, p. 39).

(16) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(17) Commission Implementing Decision 2014/359/EU of 13 June 2014 on the compliance of European standards EN 15649-1:2009+A2:2013 and EN 15649-6:2009+A1:2013 for floating leisure articles for use on and in the water with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the references of those standards in the Official Journal of the European Union (OJ L 175, 14.6.2014, p. 45).

(18) Commission Implementing Decision 2014/875/EU of 4 December 2014 on the publication of the references of standard EN 15649-2:2009+A2:2013 for floating leisure articles for use on and in the water and of standard EN 957-6:2010+A1:2014 for stationary training equipment in the Official Journal of the European Union pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 349, 5.12.2014, p. 65).

(19) Commission Implementing Decision 2013/390/EU of 18 July 2013 on the compliance of European standards series EN 15649 (parts 1-7) for floating leisure articles for use on and in the water with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the references of those standards in the Official Journal of the European Union (OJ L 196, 19.7.2013, p. 22).

(20) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(21) Commission communication 2017/C 267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ C 267, 11.8.2017, p. 7).

(22) Commission Decision C(2004)1493 of 23 April 2004 on compliance of certain standards with the general safety requirement of Directive 2001/95/EC and the publication of their references in the Official Journal.

(23) Commission Decision 2005/718/EC of 13 October 2005 on compliance of certain standards with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and the publication of their references in the Official Journal (OJ L 271, 15.10.2005, p. 51).

(24) Commission Decision 2009/18/EC of 22 December 2008 on the compliance of standard EN 1273:2005 on baby walking frames with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the reference of the standard in the Official Journal (OJ L 8, 13.1.2009, p. 29).

(25) Commission Implementing Decision 2012/29/EU of 13 January 2012 on the compliance of standard EN 60065:2002/A12:2011 ‘Audio, video and similar electronic apparatus — Safety requirements’ and of standard EN 60950-1:2006/A12:2011 ‘Information technology equipment — Safety — Part 1: General requirements’ with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and on the publication of the references of those standards in the Official Journal of the European Union (OJ L 13, 17.1.2012, p. 7).

(26) Commission Implementing Decision 2014/358/EU of 13 June 2014 on the compliance of European standard EN 16281:2013 for consumer fitted child resistant locking devices for windows and balcony doors with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the reference of that standard in the Official Journal of the European Union (OJ L 175, 14.6.2014, p. 43).

(27) Commission Implementing Decision 2014/531/EU of 14 August 2014 on the compliance of European standards EN 16433:2014 and EN 16434:2014 and of certain clauses of European standard EN 13120:2009+A1:2014 for internal blinds with the general safety requirement of Directive 2001/95/EC of the European Parliament and of the Council and publication of the references of those standards in the Official Journal of the European Union (OJ L 243, 15.8.2014, p. 54).

(28) Commission Implementing Decision (EU) 2015/1345 of 31 July 2015 on the publication of the references of standards on cords and drawstrings on children’s clothing, on carry cots and stands, on safety barriers and on changing units for domestic use in the Official Journal of the European Union pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 207, 4.8.2015, p. 73).

(29) Commission Implementing Decision (EU) 2017/1014 of 15 June 2017 on the publication of the references of the European standards EN 13869:2016 on child safety requirements for lighters and EN 13209-2:2015 on baby carriers in the Official Journal of the European Union pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 153, 16.6.2017, p. 36).