COMMISSION IMPLEMENTING DECISION (EU) 2021/2173

of 8 December 2021

amending Implementing Decision (EU) 2019/919 as regards harmonised standards for sewage treatment systems, electrically operated bilge pumps, builder’s plate and maximum load capacity of small crafts

(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requirements set out in Article 4(1) of Directive 2013/53/EU and in Annex I to that Directive, in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4).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 2015/C 087/01 (5).

(4) On the basis of the request set out in Implementing Decision C(2015) 8736, CEN revised the following harmonised standards: EN ISO 8849:2018 on electrically operated direct-current bilge pumps, the reference of which has been published by Commission Implementing Decision (EU) 2019/919 (6) and EN ISO 14946:2001/AC:2005 on maximum load capacity, the reference of which has been published by Commission communication 2018/C 209/05 (7). This resulted in the adoption of the following harmonised standards: EN ISO 8849:2021 and EN ISO 14946:2021.

(5) On the basis of the request set out in Implementing Decision C(2015) 8736, CEN also drafted new harmonised standards EN ISO 8099-2:2021 on sewage treatment systems and EN ISO 14945:2021 on builder’s plate.

(6) The Commission together with CEN has assessed whether those standards as drafted or revised by CEN comply with the request set out in Implementing Decision C(2015) 8736.

(7) The standard EN ISO 8099-2:2021 sets out requirements for the design, construction and installation of sewage treatment systems on small craft.

(8) The standard EN ISO 8849:2021 sets out requirements for electrically operated bilge pumps intended for use in removing bilge water.

(9) The standard EN ISO 14945:2021 sets out requirements for uniform display of information exhibited on the builder’s plate of small craft.

(10) The standard EN ISO 14946:2021 specifies the items included in the maximum load of small craft, without exceeding the limits set by other standards for stability, freeboard, flotation and man overboard prevention. It further sets requirements for seating and occupancy areas of crew members.

(11) The standards EN ISO 8099-2:2021, EN ISO 8849:2021, EN ISO 14945:2021 and EN ISO 14946:2021 satisfy the requirements which they aim 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 references of those standards in the Official Journal of the European Union.

(12) Standard EN ISO 8849:2021 is to replace standard EN ISO 8849:2018. Standard EN ISO 14946:2021 is to replace standard EN ISO 14946:2001/AC:2005.

(13) It is therefore necessary to withdraw the references of standards EN ISO 8849:2018 and EN ISO 14946:2001/AC:2005 from the Official Journal of the European Union.

(14) In order to give manufacturers sufficient time to adapt their products to the revised versions of harmonised standards EN ISO 8849:2018 and EN ISO 14946:2001/AC:2005, it is necessary to defer the withdrawal of the references of those standards.

(15) Annex I to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU. The references of harmonised standards EN ISO 8099-2:2021, EN ISO 8849:2021, EN ISO 14945:2021 and EN ISO 14946:2021 should be included in that Annex. The reference of harmonised standard EN ISO 8849:2018 should be deleted from that Annex.

(16) Annex II to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU that are withdrawn from the Official Journal of the European Union. The reference of harmonised standard EN ISO 14946:2001/AC:2005 should be included in that Annex.

(17) Implementing Decision (EU) 2019/919 should therefore be amended accordingly.

(18) 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 Implementing Decision (EU) 2019/919 is amended as follows: (1) Annex I is amended in accordance with Annex I to this Decision; (2) Annex II is amended in accordance with Annex II to this Decision.

Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. Point (1) of Annex I shall apply from 9 June 2022.

Done at Brussels, 8 December 2021. 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 of 15 December 2015 on a standardisation request to the European Committee for Standardisation and the European Committee for Electrotechnical 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 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 (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 87, 13.3.2015, p. 1).

(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).

(7) Commission communication in the framework of the implementation 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 (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 209, 15.6.2018, p. 137).