2005/323/EC: Commission Decision of 21 April 2005 on the safety requirements to be met by the European standards for floating leisure articles for use on or in the water pursuant to Directive 2001/95/EC of the European Parliament and of the Council (notified under document number C(2005) 1209) (Text with EEA relevance)

23.4.2005 EN Official Journal of the European Union L 104/39
COMMISSION DECISION
of 21 April 2005
on the safety requirements to be met by the European standards for floating leisure articles for use on or in the water pursuant to Directive 2001/95/EC of the European Parliament and of the Council
(notified under document number C(2005) 1209)
(Text with EEA relevance)
(2005/323/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a),
Whereas:
(1) Directive 2001/95/EC lays down an obligation for producers to place only safe products on the market.
(2) According to that Directive a product is to 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.
(3) According to Directive 2001/95/EC, European standards should be established by European standardisation bodies. Such standards should ensure that products satisfy the general safety requirement of the Directive.
(4) The Member States and the Commission, in close cooperation with the European standardisation bodies and after consultation of stakeholders, have identified floating leisure articles for use on or in the water as a group of products for which European standards should be drawn up on the basis of a mandate to be given by the Commission pursuant to Directive 2001/95/EC. The floating leisure articles identified exclude those floating articles covered by Council Directive 88/378/EEC (2) concerning the safety of toys, by Council Directive 89/686/EEC (3) relating to personal protective equipment and by Directive 94/25/EC of the European Parliament and of the Council (4) relating to recreational craft.
(5) Safety requirements for those products should be drawn up in the light of those consultations and discussions with Member States authorities.
(6) The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Directive 2001/95/EC,