2005/718/EC: Commission Decision 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 (notified under document number C(2005) 3803)   (Text with EEA relevance)
Date: 2005-10-13
Institutions: European Commission
Subjects: European standard, dissemination of EU information, product safety, safety standard

15.10.2005

EN

Official Journal of the European Union

L 271/51

COMMISSION DECISION

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

(notified under document number C(2005) 3803)

(Text with EEA relevance)

(2005/718/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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

After consulting the Standing Committee set up in accordance
with Article 5 of Directive 98/34/EC of the European Parliament
of the Council of 22 June 1998 laying down a procedure for
the provision of information in the field of technical standards
and regulations (2),

Whereas:

Article 3(1) of Directive 2001/95/EC lays down an obli-
gation on producers to place only safe products on the
market.

According to Article 3(2) of Directive 2001/95/EC a
product shall be presumed safe as far as the risks and
risk categories covered by 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.

(1)

(2)

(3)

those

standards

the Directive.

Article 4(2) of the Directive lays down a procedure for
publication of references of standards adopted by the
European standardisation bodies before the entry into
ensure
force of
If
compliance with the general safety requirement,
the
Commission shall decide to publish their references in
the Official Journal of the European Union. In these cases,
the Commission shall, on its initiative or at the request of
a Member State, decide in accordance with the procedure
laid down in Article 15(2) of that Directive whether the
safety
standard
requirement. The Commission shall decide to publish
its references after consulting the Committee established
by Article 5 of the Directive 98/34/EC. The Commission
shall notify the Member States of its decision.

question meets

general

the

in

(5)

(6)

(7)

and to recognise

Some standards have however been adopted by the
European standardisation bodies since the entry into
force of the Directive without a mandate under Article
4(1) of the Directive. The intention of the legislator was
to ensure cooperation with the European standardisation
bodies
standards
applicable to products falling under the scope of the
Directive for which a Commission mandate was not
issued in accordance with the
relevant provisions
It is therefore appropriate to
referred to in Article 4.
consider
such
the references of
standards and to that aim to proceed according to the
procedure provided for in Article 4(2).

the publication of

suitable

safety

This decision on compliance of the standards listed in the
Annex with the general safety requirement is taken at the
initiative of the Commission.

The measures provided for
accordance with the opinion of
Directive 2001/95/EC,

in this Decision are in
the Committee of

According to Article 4(1) of
the Directive, European
standards should be established by European standardi-
sation bodies under mandate set by the Commission. The
such
Commission will publish the
standards.

references of

HAS ADOPTED THIS DECISION:

Article 1

(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive

98/48/EC (OJ L 217, 5.8.1998, p. 18).

The standards listed in the Annex meet
the general safety
requirement of Directive 2001/95/EC for the risks that they
cover.

L 271/52

EN

Official Journal of the European Union

15.10.2005

The references of the standards in the Annex shall be published in the C series of the Official Journal of the
European Union.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 13 October 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

15.10.2005

EN

Official Journal of the European Union

L 271/53

ANNEX

Standards referred to in Articles 1 and 2 of this Decision:

1. EN 13899:2003 — Roller sports equipment — Roller skates — Safety requirements and test methods

2. EN 13138-2:2003 — Buoyant aids for swimming instruction — Part 2: Safety requirements and test methods for

buoyant aids to be held

3. EN 13319:2000 — Diving accessories — Depth gauges and combined depth and time measuring devices —

Functional and safety requirements, test methods

4. EN 1651:1999 — Paragliding equipment — Harnesses — Safety requirements and strength tests

5. EN 12491:2001 — Paragliding equipment — Emergency parachutes — Safety requirements and test methods

6. EN 913:1996 — Gymnastic equipment — General safety requirements and test methods

7. EN 12655:1998 — Gymnastic equipment — Hanging rings — Functional and safety requirements, test methods

8. EN 12197:1997 — Gymnastic equipment — Horizontal bars — Safety requirements and test methods

9. EN 12346:1998 — Gymnastic equipment — Wall bars, lattice ladders and climbing frames — Safety requirements

and test methods

10. EN 12432:1998 — Gymnastic equipment — Balancing beams — Functional and safety requirements, test methods

11. EN 916:2003 — Gymnastic equipment — Vaulting boxes — Requirements and test methods including safety

12. EN 12196:2003 — Gymnastic equipment — Horses and bucks — Functional and safety requirements, test methods

13. EN 1860-1:2003 — Appliances, solid fuels and firelighters for barbecueing — Part 1: Barbecues burning solid fuels

— Requirements and test methods

14. EN 1129-1:1995 — Furniture — Foldaway beds — Safety requirements and testing — Part 1: Safety requirements

15. EN 1129-2:1995 — Furniture — Foldaway beds — Safety requirements and testing — Part 2: Test methods

16. EN 14344:2004 — Child use and care articles — Child seats for cycles — Safety requirements and test methods

17. EN 14350-1:2004 — Child use and care articles — Drinking equipment — Part 1: General and mechanical

requirements and tests