(1)

In accordance with Article 12 of Directive 2014/35/EU of the European Parliament and the Council (2), electrical equipment manufactured in conformity with a harmonised standard, the reference to which has been published in the Official Journal of the European Union, is to be presumed to comply with the essential health and safety requirements covered by such harmonised standard.

(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) to provide 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 request’).

(3)

On the basis of the request, CEN and Cenelec drafted harmonised standard EN 60335-2-60:2003, on whirlpool baths and whirlpool spas, as amended by EN 60335-2-60:2003/A1:2005, EN 60335-2-60:2003/A2:2008, EN 60335-2-60:2003/A12:2010 and EN 60335-2-60:2003/A11:2010; EN 60335-1:2012, on household and similar electrical appliances, as amended by EN 60335-1:2012/A11:2014, EN 60335-1:2012/A13:2017, EN 60335-1:2012/A1:2019, EN 60335-1:2012/A14:2019, EN 60335-1:2012/A2:2019, EN 60335-1:2012/A15:2021 and corrected by EN 60335-1:2012/AC:2014; and EN 60335-2-27:2013, on appliances for skin exposure to ultraviolet and infrared radiation, as amended by EN 60335-2-27:2013/A1:2020 and EN 60335-2-27:2013/A2:2020 and corrected by EN 60335-2-27:2013/AC:2021-11. The references of those standards are published in the Official Journal of the European Union by Commission Implementing Decision (EU) 2023/2723 (3).

(4)

In December 2014, the Netherlands lodged a formal objection in accordance with Article 11 of Regulation (EU) No 1025/2012 to harmonised standard EN 60335-2-60:2003, as amended by EN 60335-2-60:2003/A1:2005, EN 60335-2-60:2003/A2:2008, EN 60335-2-60:2003/A11:2010 and EN 60335-2-60:2003/A12:2010.

(5)

The formal objection states that the harmonised standard EN 60335-2-60:2003, as amended, does not meet the safety objectives set out in point 1(c) of Annex I to Directive 2014/35/EU, in conjunction with points 2(a), 2(b) and 2(d) of that Annex. The Netherlands argues that the standard takes insufficient account of the rules for installation as set out in the standards series IEC 60364 on low-voltage electrical installations. This results in products complying with the harmonised standard but still failing to comply with the safety objectives set out in Directive 2014/35/EU. The Netherlands adds that the conditions applicable to swimming pools and similar facilities, such as spas for outdoor use, must be considered. For such products, there is an increased risk of electric shock resulting from a reduction in body resistance and contact of the body with earth potential. Therefore, the Netherlands states that under harmonised standard EN 60335-2-60:2003, as amended, a fatal accident could occur the first time that a defect manifests.

(6)

Since December 2014, the formal objection has been regularly discussed in the Low Voltage Directive Working Party and the Committee on Electrical Equipment. These discussions eventually led to an agreement between CEN-Cenelec and the Netherlands on a new draft of the standard in 2021. However, this new draft standard has still not been offered for publication to the Commission. The formal objection raised by the Netherlands was discussed again by the Committee on Electrical Equipment in its meeting on 25 June 2024.

(7)

Having examined standard EN 60335-2-60:2003, as amended, together with Member States’ representatives on the Committee on Electrical Equipment, the Commission concluded that the harmonised standard fails to meet the safety objectives set out in point 1(c) of Annex I to Directive 2014/35/EU, in conjunction with points 2(a), 2(b) and 2(d) of that Annex.

(8)

On 25 May 2023, Germany raised a formal objection in accordance with Article 11 of Regulation (EU) No 1025/2012 to harmonised standard EN 60335-1:2012, as amended by EN 60335-1:2012/A11:2014, EN 60335-1:2012/A13:2017, EN 60335-1:2012/A1:2019, EN 60335-1:2012/A2:2019, EN 60335-1:2012/A14:2019 and EN 60335-1:2012/A15:2021 and corrected by EN 60335-1:2012/AC:2014.

(9)

The formal objection raised by Germany states that the harmonised standard does not meet the safety objectives set out in point 2(c) of Annex I to Directive 2014/35/EU. Germany argues that the standard provides for a test for the accessibility of moving parts with a test probe which is intended to replicate the human hand, however the referred test probe does not take into account the essential human body dimensions and does not realistically represent the human hand as it is only similar to the appropriate probe to be used for such type of test.

(10)

The formal objection raised by Germany was discussed by the Committee on Electrical Equipment in its meeting on 25 June 2024.

(11)

Having examined harmonised standard EN 60335-1:2012, as amended, together with Member States’ representatives on the Committee on Electrical Equipment, the Commission concluded that the harmonised standard fails to meet the safety objectives set out in point 2(c) of Annex I to Directive 2014/35/EU.

(12)

On 6 July 2023, France raised a formal objection in accordance with Article 11 of Regulation (EU) No 1025/2012 to harmonised standard EN 60335-2-27:2013, as amended by EN 60335-2-27:2013/A1:2020 and EN 60335-2-27:2013/A2:2020 and corrected by EN 60335-2-27:2013/AC:2021-11.

(13)

The formal objection of France states that the harmonised standard does not meet the safety objectives set out in point 1(a) of Annex I to Directive 2014/35/EU. France argues that the conditions of use indicated in the text and in the normative annex of the harmonised standard through the classification of appliances based on use and user categories are not in line with the safety objectives set out in Annex I to Directive 2014/35/EU.

(14)

The formal objection raised by France was discussed by the Committee on Electrical Equipment in its meeting on 25 June 2024.

(15)

Having examined harmonised standard EN 60335-2-27:2013, as amended, together with Member States’ representatives on the Committee on Electrical Equipment, the Commission concluded that the standard fails to meet the essential safety objectives set out in point 1(a) of Annex I to Directive 2014/35/EU.

(16)

Taking into consideration the need to improve safety aspects of harmonised standard EN 60335-2-60:2003, as amended, and pending a suitable revision of that standard, the reference of harmonised standard EN 60335-2-60:2003, together with the references of any amending standards thereto, does not provide a presumption of conformity with the basic health and safety requirements laid down in Directive 2014/35/EU. As a consequence, the reference of harmonised standard EN 60335-2-60:2003, together with the references of any amending standards thereto, should be withdrawn from the Official Journal of the European Union. In order to give manufacturers sufficient time to adapt their electrical equipment that is covered by harmonised standard EN 60335-2-60:2003 as amended, it is necessary to defer the withdrawal of the references to that standard.

(17)

Harmonised standards EN 60335-1:2012, as amended by EN 60335-1:2012/A11:2014, EN 60335-1:2012/A13:2017, EN 60335-1:2012/A1:2019, EN 60335-1:2012/A14:2019, EN 60335-1:2012/A2:2019 and EN 60335-1:2012/A15:2021 and corrected by EN 60335-1:2012/AC:2014; and EN 60335-2-27:2013 as amended by EN 60335-2-27:2013/A1:2020 and EN 60335-2-27:2013/A2:2020 and corrected by EN 60335-2-27:2013/AC:2021-11 should therefore be maintained in the Official Journal of the European Union with a restriction.

(18)

Implementing Decision (EU) 2023/2723 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.

(20)

The measures provided for in this Decision are in accordance with the opinion of the committee referred to in Article 22(1) of Regulation (EU) No 1025/2012,