COMMISSION IMPLEMENTING DECISION (EU) 2021/1407

of 26 August 2021

amending Implementing Decision (EU) 2019/919 as regards harmonised standards for fire-resistant fuel hoses, non-fire-resistant fuel hoses, seacocks and through-hull fittings, engine-mounted fuel, oil and electrical components on inboard diesel engines, and steering wheels

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 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requirements set out in Article 4(1) of Directive 2013/53/EU and in Annex I to that Directive, in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4).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, the references of which have been published by Commission Implementing Decision (EU) 2019/919 (6): EN ISO 7840:2018 on fire-resistant fuel hoses, EN ISO 8469:2018 on non-fire-resistant fuel hoses, harmonised standards EN ISO 9093-1:2018 and EN ISO 9093-2:2018 on seacocks and through-hull fittings, and EN ISO 16147:2017 on inboard diesel engines – engine-mounted fuel and electrical components. This resulted in the adoption of the following harmonised standards: EN ISO 7840:2021, EN ISO 8469:2021, EN ISO 9093:2021 and EN ISO 16147:2021.

(5) On the basis of the request set out in Implementing Decision C(2015) 8736, CEN also drafted a new harmonised standard EN ISO 23411:2021 on steering wheels.

(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 7840:2021 sets out general requirements and physical tests for fire-resistant fuel hoses for conveying petrol or petrol-blended with ethanol, and diesel fuel or diesel fuel blended with FAME, designed for a working pressure not exceeding 0,34 MPa for hoses with inner diameter up to and including 10 mm, and 0,25 MPa for hoses up to 63 mm inner diameter in small craft.

(8) The standard EN ISO 8469:2021 sets out general requirements and physical tests for non-fire-resistant fuel hoses for conveying petrol or petrol-blended with ethanol, and diesel fuel or diesel fuel blended with FAME, designed for a working pressure not exceeding 0,34 MPa for hoses with inner diameter up to and including 10 mm, and 0,25 MPa for hoses up to 63 mm inner diameter in small craft up to 24 m.

(9) The standard EN ISO 9093:2021 sets out requirements for through-hull fittings, seacocks, hose connections, their fittings and their installation in small craft up to 24 m.

(10) The standard EN ISO 16147:2021 sets out requirements for design and installation of engine-mounted fuel, oil and electrical components on diesel inboard-mounted engines for minimising fuel leakage, risk of electric shock and risk and/or spread of fire on small craft up to 24 m.

(11) The standard EN ISO 23411:2021 sets out design and testing requirements for steering wheels for small craft up to 24 m.

(12) The standards EN ISO 7840:2021, EN ISO 8469:2021, EN ISO 9093:2021, EN ISO 16147:2021 and EN ISO 23411:2021 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.

(13) Standard EN ISO 7840:2021 is to replace standard EN ISO 7840:2018. Standard EN ISO 8469:2021 is to replace standard EN ISO 8469:2018. Standard EN ISO 9093:2021 is to replace standards EN ISO 9093-1:2018 and EN ISO 9093-2:2018. Standard EN ISO 16147:2021 is to replace standard EN ISO 16147:2017. Standard EN ISO 23411:2021 is to replace standards EN ISO 9775:2017 and EN ISO 15652:2017 published by Commission Communication 2018/C 209/05 (7).

(14) It is therefore necessary to withdraw the references of standards EN ISO 7840:2018, EN ISO 8469:2018, EN ISO 9093-1:2018, EN ISO 9093-2:2018, EN ISO 9775:2017, EN ISO 15652:2017 and EN ISO 16147:2017 from the Official Journal of the European Union (8).

(15) In order to give manufacturers sufficient time to adapt their products to the revised versions of harmonised standards EN ISO 7840:2018, EN ISO 8469:2018, EN ISO 9093-1:2018, EN ISO 9093-2:2018, EN ISO 9775:2017, EN ISO 15652:2017 and EN ISO 16147:2017, it is necessary to defer the withdrawal of the references of those standards.

(16) 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 7840:2021, EN ISO 8469:2021, EN ISO 9093:2021, EN ISO 16147:2021, and EN ISO 23411:2021 should be included in that Annex. The references of harmonised standards EN ISO 7840:2018, EN ISO 8469:2018, EN ISO 9093-1:2018, EN ISO 9093-2:2018 should be deleted from that Annex.

(17) 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 references of harmonised standards EN ISO 9775:2017, EN ISO 15652:2017 and EN ISO 16147:2017 should be included in that Annex.

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

(19) 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 (2) of Annex I shall apply from 27 February 2023.

Done at Brussels, 26 August 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 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 (not yet published in the Official Journal).

(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).

(8) OJ C 209, 15.6.2018, p. 137.