COMMISSION IMPLEMENTING DECISION (EU) 2021/1015

of 17 June 2021

amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for refrigerating, ice-cream and ice makers appliances, laboratory equipment for the heating of materials, automatic and semi-automatic laboratory equipment for analysis and other purposes, electrical equipment with ratings related to electrical supply, appliances for skin exposure to ultraviolet and infrared radiation, room heaters, electric irons, stationary cooking ranges, hobs, ovens and similar appliances, fabric steamers, electromechanical control circuit devices, blankets, pads, clothing and similar flexible heating appliances and certain other electrical equipment designed for use within certain voltage limits

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 12 of Directive 2014/35/EU of the European Parliament and of the Council (2), electrical equipment which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the safety objectives referred to in Article 3 of that Directive and set out in Annex I to that Directive, covered by those harmonised standards or parts thereof.

(2) By letter M/511 of 8 November 2012, the Commission made a request to the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) for providing the first full list of the titles of harmonised standards and for the drafting, revision and the completion of harmonised standards, for electrical equipment designed for use within certain voltage limits in support of Directive 2014/35/EU. The safety objectives referred to in Article 3 of Directive 2014/35/EU and set out in Annex I to that Directive have not changed since the request was made to CEN, Cenelec and ETSI.

(3) On the basis of the request M/511, CEN and Cenelec drafted harmonised standard, and amendments thereto, EN 60335-2-24:2010, EN 60335-2-24:2010/A1:2019, EN 60335-2-24:2010/A2:2019 and EN 60335-2-24:2010/A11:2020, for refrigerating appliances, ice-cream appliances and ice makers.

(4) On the basis of the request M/511, CEN and Cenelec revised harmonised standards EN 61010-2-010:2014 and EN 61293:1994, the references of which are published by Commission Communication (2018/C 326/02) (3). This resulted in the adoption of, respectively, harmonised standards EN IEC 61010-2-010:2020 for laboratory equipment for the heating of materials and EN IEC 61293:2020 for electrical equipment with ratings related to electrical supply.

(5) On the basis of the request M/511, CEN and Cenelec amended harmonised standards EN 60335-2-17:2013 for blankets, pads, clothing and similar flexible heating appliances and EN 60335-2-85:2003 for fabric steamers, the references of which are included in Annex I to Commission Implementing Decision (EU) 2019/1956 (4). This resulted in the adoption of, respectively, amending harmonised standards EN 60335-2-17:2013/A1:2020 and EN 60335-2-85:2003/A2:2020. CEN and Cenelec also amended the following harmonised standards, the references of which are published by Communication (2018/C 326/02): EN 60335-2-27:2013 for appliances for skin exposure to ultraviolet and infrared radiation; EN 60335-2-30:2009 for room heaters; and EN 60335-2-6:2015 for stationary cooking ranges, hobs, ovens and similar appliances. This resulted in the adoption of, respectively, the following amending harmonised standards: EN 60335-2-27:2013/A1:2020 and EN 60335-2-27:2013/A2:2020; EN 60335-2-30:2009/A12:2020 and EN 60335-2-30:2009/A1:2020; and EN 60335-2-6:2015/A11:2020 and EN 60335-2-6:2015/A1:2020.

(6) On the basis of the request M/511, CEN and Cenelec also revised harmonised standard EN 61010-2-081:2015 for automatic and semi-automatic laboratory equipment for analysis and other purposes and amended harmonised standard EN 60335-2-3:2016 for electric irons. This resulted in the adoption of, respectively, harmonised standard EN IEC 61010-2-081:2020 and amending harmonised standard EN 60335-2-3:2016/A1:2020.

(7) The Commission, together with CEN and Cenelec, has assessed whether those harmonised standards and amendments thereto comply with the request M/511.

(8) Harmonised standards EN IEC 61010-2-010:2020, EN IEC 61010-2-081:2020, EN IEC 61293:2020, EN 60335-2-17:2013 (as amended by EN 60335-2-17:2013/A1:2020), EN 60335-2-27:2013 (as amended by EN 60335-2-27:2013/A1:2020 and EN 60335-2-27:2013/A2:2020), EN 60335-2-30:2009 (as amended by EN 60335-2-30:2009/A12:2020 and EN 60335-2-30:2009/A1:2020), EN 60335-2-3:2016 (as amended by EN 60335-2-3:2016/A1:2020), EN 60335-2-6:2015 (as amended by EN 60335-2-6:2015/A11:2020 and EN 60335-2-6:2015/A1:2020) and EN 60335-2-85:2003 (as amended by EN 60335-2-85:2003/A2:2020), and as amended or corrected by any other standards references of which are published in the Official Journal of the European Union, satisfy the safety objectives which they aim to cover and which are set out in Directive 2014/35/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union, together with references of any relevant amending or correcting standards thereto.

(9) Annex I to Implementing Decision (EU) 2019/1956 lists the references of harmonised standards conferring a presumption of conformity with Directive 2014/35/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/35/EU are listed in one act, the references of those standards should be included in Implementing Decision (EU) 2019/1956.

(10) Table ZZA.1 of harmonised standard EN 60335-2-24:2010 (as amended by EN 60335-2-24:2010/A1:2019, EN 60335-2-24:2010/A2:2019 and EN 60335-2-24:2010/A11:2020) provides an explanation of the text ‘an area exceeding 75 cm2’, which is used in its clauses 30.2 and 30.2.101. In order to ensure clarity and coherence, the reference of that standard, together with the references of the amending standards thereto, should be published with restriction as regards that text.

(11) Article 1 of Implementing Decision (EU) 2019/1956 provides that the references of harmonised standards for electrical equipment drafted in support of Directive 2014/35/EU are listed in Annex I to that Decision. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/35/EU which are published with restriction are listed in the same act, it is necessary to amend that Article and insert a separate Annex containing the references of such harmonised standards.

(12) CEN and Cenelec also drafted corrigendum EN 60947-5-1:2017/AC:2020-05 correcting harmonised standard EN 60947-5-1:2017 for control circuit devices and switching elements, the reference of which is included in Annex I to Implementing Decision (EU) 2019/1956. As the corrigendum introduces technical corrections to that standard and in order to ensure correct and consistent application of harmonised standards the references of which have been published, it is appropriate to include the reference of that harmonised standard, together with the reference of the corrigendum, in Annex I to Implementing Decision (EU) 2019/1956.

(13) It is therefore necessary to withdraw the references of the following harmonised standards, from the C series of the Official Journal of the European Union, given that they have been revised or amended, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union: EN 61010-2-010:2014; EN 61293:1994. EN 60335-2-27:2013; EN 60335-2-30:2009; and EN 60335-2-6:2015.

(14) Annex II to Implementing Decision (EU) 2019/1956 lists the references of harmonised standards drafted in support of Directive 2014/35/EU that are withdrawn from the C series of the Official Journal of the European Union. It is therefore appropriate to include those references in that Annex.

(15) It is also necessary to withdraw the references of harmonised standards EN 60335-2-17:2013, EN 60335-2-85:2003 and EN 60947-5-1:2017, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union, from the L series of the Official Journal of the European Union, given that they have been amended or corrected. It is therefore appropriate to delete those references from Annex I to Implementing Decision (EU) 2019/1956.

(16) In order to give manufacturers sufficient time to prepare for application of harmonised standards EN IEC 61010-2-010:2020, EN IEC 61293:2020, EN 60335-2-17:2013 (as amended by EN 60335-2-17:2013/A1:2020), EN 60335-2-27:2013 (as amended by EN 60335-2-27:2013/A1:2020 and EN 60335-2-27:2013/A2:2020), EN 60335-2-30:2009 (as amended by EN 60335-2-30:2009/A12:2020 and EN 60335-2-30:2009/A1:2020), EN 60335-2-6:2015 (as amended by EN 60335-2-6:2015/A11:2020 and EN 60335-2-6:2015/A1:2020), EN 60335-2-85:2003 (as amended by EN 60335-2-85:2003/A2:2020), and EN 60947-5-1:2017 (as corrected by EN 60947-5-1:2017/AC:2020-05), and as amended or corrected by any other standards references of which are published in the Official Journal of the European Union, it is necessary to defer the withdrawal of the references of harmonised standards EN 61010-2-010:2014, EN 61293:1994, EN 60335-2-27:2013, EN 60335-2-30:2009, EN 60335-2-6:2015, EN 60335-2-85:2003, EN 60335-2-17:2013 and EN 60947-5-1:2017, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union.

(17) The reference of harmonised standard EN 61010-2-081:2015 was first published by Commission Communication (2016/C 249/03) (5), but by error was omitted from Commission Communication (2018/C 209/04) (6) and Communication (2018/C 326/02). The reference of that standard should therefore be published in the Official Journal of the European Union with retroactive effect. That publication should maintain its effect for a period that allows the manufacturers to prepare for application of harmonised standard EN IEC 61010-2-081:2020.

(18) The reference of harmonised standard EN 60335-2-3:2016 was first published by Communication (2016/C 249/03), but by error was omitted from Communication (2018/C 326/02). The reference of that standard should therefore be published in the Official Journal of the European Union with retroactive effect. That publication should maintain its effect for a period that allows the manufacturers to prepare for application of harmonised standard EN 60335-2-3:2016 (as amended by EN 60335-2-3:2016/A1:2020).

(19) The references of harmonised standards EN 60664-1:2007, EN 60051-1:1998, EN 60127-3:1996, EN 60664-3:2003, EN 60695-10-3:2002, EN 60695-11-2:2014, EN 60695-11-5:2005, EN ISO 11252:2013, HD 597 S1:1992, EN 60664-4:2006, EN 60695-2-10:2013, EN 60695-2-11:2014, EN 60695-10-2:2014, EN 60695-11-3:2012, EN 60695-11-4:2011, EN 60695-11-10:2013, EN 60695-11-20:2015, EN 61010-2-091:2012, EN 61557-8:2015, EN 61557-15:2014 and EN 61557-16:2015, and the references of any amendments or corrections thereto, were first published by Communication (2016/C 249/03), but by error were not included in Communications (2018/C 209/04) and (2018/C 326/02). The references of harmonised standards EN 50288-2-1:2013, EN 50288-2-2:2013, EN 50288-3-1:2013, EN 50288-3-2:2013, EN 50288-4-1:2013, EN 50288-4-2:2013, EN 50288-5-1:2013, EN 50288-5-2:2013, EN 50288-6-1:2013, EN 50288-6-2:2013, EN 50288-10-2:2015, EN 50288-11-2:2015, EN 62493:2010, EN 50288-1:2013, EN 61010-2-061:2015, EN 61230:2008 and EN 62026-7:2013, and the references of any amendments or corrections thereto, were first published by Communication (2016/C 249/03), but by error were not included in Communication (2018/C 326/02). The references of those standards should therefore be published in the Official Journal of the European Union with retroactive effect.

(20) By Commission Implementing Decision (EU) 2020/1146 (7), the reference of harmonised standard EN 50178:1997 was included in Annex II to Implementing Decision (EU) 2019/1956, which lists the references of harmonised standards drafted in support of Directive 2014/35/EU that are withdrawn from the C series, without indicating the date of withdrawal. It is therefore necessary to replace the relevant entry of Annex II to Implementing Decision (EU) 2019/1956 with a new entry containing a reference to EN 50178:1997 and the date of withdrawal. Given that EN 50178:1997 was revised by EN 62477-1:2012 and its amendment EN 62477-1:2012/A11:2014, the references of which are published in the C series of the Official Journal of the European Union by Communication (2018/C 326/02), it is necessary to give manufacturers some further time to prepare for application of harmonised standard EN 62477-1:2012 and the amendment thereto. The withdrawal of EN 50178:1997 should therefore be deferred.

(21) Implementing Decision (EU) 2019/1956 should therefore be amended accordingly.

(22) Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements, including the safety objectives, 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. Several references of harmonised standards need to be published in the Official Journal of the European Union with retroactive effect. This Decision should therefore enter into force on the day of its publication,

HAS ADOPTED THIS DECISION:

Article 1 Implementing Decision (EU) 2019/1956 is amended as follows: (1) in Article 1, the following paragraphs are added: ‘The reference of harmonised standard EN 60335-2-24:2010 drafted in support of Directive 2014/35/EU, and set out in Annex IA to this Decision, is hereby published with restriction in the Official Journal of the European Union. The references of harmonised standards for electrical equipment designed for use within certain voltage limits drafted in support of Directive 2014/35/EU, and listed in Annex IB to this Decision, are hereby published in the Official Journal of the European Union. Those references shall be deemed to have been published in the Official Journal of the European Union from the dates set out in that Annex. The references of harmonised standards for electrical equipment designed for use within certain voltage limits drafted in support of Directive 2014/35/EU, listed in Annex IC to this Decision, are hereby published in the Official Journal of the European Union. Those references shall be deemed to have been published in the Official Journal of the European Union for the periods set out in that Annex.’; (2) Annex I is amended in accordance with Annex I to this Decision; (3) Annex IA, as set out in Annex II to this Decision, is inserted; (4) Annex IB, as set out in Annex III to this Decision, is inserted; (5) Annex IC, as set out in Annex IV to this Decision, is inserted; (6) Annex II is amended in accordance with Annex V 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 22 December 2022. Point (3) of Annex I shall apply from 22 December 2021. Point (5) of Annex I shall apply from 22 December 2022.

Done at Brussels, 17 June 2021. For the Commission The President Ursula VON DER LEYEN

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

(2) Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).

(3) Commission Communication (2018/C 326/02) in the framework of the implementation of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ C 326, 14.9.2018, p. 4).

(4) Commission Implementing Decision (EU) 2019/1956 of 26 November 2019 on the harmonised standards for electrical equipment designed for use within certain voltage limits and drafted in support of Directive 2014/35/EU of the European Parliament and of the Council (OJ L 306, 27.11.2019, p. 26).

(5) Commission Communication (2016/C 249/03) in the framework of the implementation of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ C 249, 8.7.2016, p. 62).

(6) Commission Communication (2018/C 209/04) in the framework of the implementation of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ C 209, 15.6.2018, p. 37).

(7) Commission Implementing Decision (EU) 2020/1146 of 31 July 2020 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for certain household appliances, thermal-links, equipment in cable networks for television signals, sound signals and interactive services, circuit breakers, arc quenching and welding, installation couplers intended for permanent connection in fixed installations, transformers, reactors, power supply units and combinations, electric vehicle conductive charging system, cable ties and management, control circuit devices, switching elements, emergency lighting, electronic circuits used with luminaires and discharge lamps (OJ L 250, 3.8.2020, p. 121).