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

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requirements set out in Article 4(1) of Directive 2013/53/EU and Annex I to that Directive in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4).

(3) Specifically, CEN/Cenelec were requested to adopt new standards for electrical systems, protection from falling overboard, discharge prevention, builder's plate, owner's manual, visibility from main steering position, buoyancy and escape means of multihulls, gas systems, exhaust emissions and watercraft identification and to revise existing standards and draft standards under development.

(4) On the basis of the request set out in Implementing Decision C(2015) 8736, CEN/Cenelec revised several harmonised standards for small craft and inflatable boats.

(5) CEN/Cenelec revised the Annexes of harmonised standards to quote the full title of Directive 2013/53/EU as well as to indicate in a clear and detailed manner the correlation between the clauses of standards and relevant essential requirements.

(6) On the basis of the request set out in Implementing Decision C(2015) 8736 CEN/Cenelec drafted standard EN ISO 8666:2018. The standard is the reference standard in terms of principal boat dimensions and related data as well as mass specifications and various loading conditions. That standard provides technical specifications in relation to definition of hull length set out in Article 3(10) of the Directive 2013/53/EU.

(7) The Commission together with CEN/Cenelec has assessed whether the standards for small craft and inflatable boats drafted by CEN/Cenelec comply with the request set out in Implementing Decision C(2015) 8736.

(8) The standards for small craft and inflatable boats satisfy the requirements, which they aim to cover and which are set out in Article 4(1) of Directive 2013/53/EU and Annex I to that Directive. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

(9) It is therefore necessary to withdraw the references to those standards that are replaced by the new standards drafted by CEN/Cenelec.

(10) 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 to 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 The references to harmonised standards for recreational craft and personal watercraft drafted in support of Directive 2013/53/EU, listed in Annex II to this Decision, are hereby withdrawn from the Official Journal of the European Union.

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, 4 June 2019. For the Commission The President Jean-Claude JUNCKER

(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 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).