(fra kommisjonsbeslutningen)

(1) Regulation (EU) 2023/988 of the European Parliament and of the Council (2) replaced Directive 2001/95/EC of the European Parliament and of the Council (3) without changing the general safety requirement laid down in Article 3 of that Directive.

(2) Article 5 of Regulation (EU) 2023/988 requires economic operators to place or make available on the market only safe consumer products.

(3) Article 7(1), point (a), of Regulation (EU) 2023/988 provides that a product is to be presumed safe when it is in conformity with relevant European standards or parts thereof as far as the risks and risk categories covered by those standards are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) No 1025/2012.

(4) Pursuant to Article 7(2) of Regulation (EU) 2023/988, the Commission is to adopt implementing acts determining the specific safety requirements to be covered by European standards in order to ensure that products which conform to those European standards satisfy the general safety requirement laid down in Article 5 of Regulation (EU) 2023/988.

(5) On the basis of Commission Decision 2011/479/EU (4) laying down the safety requirements to be met by European standards for gymnastic equipment, the Commission, by letter M/507 of 5 September 2012, requested the European Committee for Standardisation (‘CEN’) to draw up European standards for gymnastic equipment.

(6) Following that request, CEN revised standards EN 915:2008 and EN 12196:2003. This resulted in the adoption of standard EN 915:2024 for asymmetric bars and standard EN 12196:2023 for horses and bucks.

(7) On the basis of Commission Decision 2008/264/EC (5) laying down the fire safety requirements to be met by European standards for cigarettes, the Commission, by letter M/425 of 27 June 2008, requested CEN to draw up European standards on the fire safety requirements for cigarettes.

(8) Following that request, CEN revised standard EN 16156:2010. This resulted in the adoption of standard EN 16156:2024 on ignition propensity.

(9) On the basis of Commission Decision 2013/121/EU (6) laying down the safety requirements to be met by European standards for certain seats for children, the Commission, by Implementing Decision of 22 July 2014 (7), requested CEN, the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) to draft European standards on the safety of certain seats for children.

(10) Following that request, CEN revised standard EN 14988:2017+A1:2020. This resulted in the adoption of standard EN 14988:2017+A2:2024 on requirements and test for high chairs.

(11) The Commission, together with CEN has assessed whether the revised European standards, as drafted by CEN, comply with the Commission’s requests.

(12) European standards EN 915:2024, EN 12196:2023, EN 14988:2017+A2:2024 and EN 16156:2024 satisfy the general safety requirement laid down in Article 5 of Regulation (EU) 2023/988 and the specific safety requirements laid down in Decisions 2008/264/EC, 2011/479/EU and 2013/121/EU, respectively. References of those standards should therefore be published in the Official Journal of the European Union.

(13) European standards EN 915:2024, EN 12196:2023, EN 14988:2017+A2:2024 and EN 16156:2024 are to replace standards EN 915:2008, EN 12196:2003, EN 14988:2017+A1_2020 and EN 16156:2010. References to the latter standards should therefore be withdrawn from the Official Journal of the European Union.

(14) However, in order to give economic operators sufficient time to prepare for application of the revised standards, it is necessary to defer the withdrawal of references of European standards EN 915:2008, EN 12196:2003, EN 14988:2017+A1:2020 and EN 16156:2010 from the Official Journal of the European Union.

(15) For reasons of clarity and legal certainty, a complete list of references of European standards which were originally drafted in support of Directive 2001/95/EC, and which continue to provide a presumption of compliance with the general safety requirement laid down in Article 5 of Regulation (EU) 2023/988, should be published in one act. References of European standards published in Commission Implementing Decision (EU) 2019/1698 (8) should therefore be included in this Decision either by confirming their validity, or by setting a date for their withdrawal from the Official Journal of the European Union. Accordingly, Implementing Decision (EU) 2019/1698 should be repealed from the date of entry into force of this Decision, but should continue to apply in respect of references of standards that, under this Decision, are to be withdrawn at a later date.

(16) Compliance with a European standard confers, as far as the relevant risks and risk categories are concerned, a presumption of conformity with the general safety requirement laid down in Article 5 of Regulation (EU) 2023/988 as from the date of publication of a reference of that standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,