(1)

In accordance with Article 7 of Directive 2006/42/EC, machinery 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/396 of 19 December 2006, the Commission made a request (‘request M/396’) to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting, the revision and the completion of the work on harmonised standards in support of Directive 2006/42/EC to take account of changes introduced by that Directive in comparison with Directive 98/37/EC of the European Parliament and of the Council (2).

(3)

On the basis of the request M/396, CEN and Cenelec drafted harmonised standards EN 12525:2000+A2:2010, on agricultural machinery and safety of front loaders, EN 15997:2011, as corrected by EN 15997:2011/AC:2012, on all terrain vehicles and safety of quads, EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015 and amended by EN 62841-1:2015/A11:2022, on electric motor-operated hand-held tools and general requirements for safety of transportable tools and lawn and garden machinery, and EN 62841-2-11:2016, as amended by EN 62841-2-11:2016/A1:2020, on electric motor-operated hand-held tools, transportable tools and lawn and garden machinery and particular requirements for hand held reciprocating saws. The references of those standards are published in the Official Journal of the European Union by Commission Implementing Decision (EU) 2023/1586 (3).

(4)

On 6 June 2022, Germany raised a formal objection in accordance with Article 10 of Directive 2006/42/EC against harmonised standard EN 12525:2000+A2:2010 explaining that the harmonised standard fails to satisfy the essential health and safety requirements set out in points 1.1.2. and 1.7.4.2. (l) of Annex I to Directive 2006/42/EC. Germany argues that the standard on front loaders for agricultural vehicles imposes organisational measures instead of technical measures, as regards the requirements set out in point 1.1.2. of Annex I to that Directive. Moreover, Germany argues that the presence of a roll-over protection structure is not deemed sufficient to cover the requirements set out in point 1.7.4.2. (l) of Annex I to Directive 2006/42/EC as a falling object protective structure corresponding to the Organisation for Economic Cooperation and Development (OECD) code 10 (4) should be present instead.

(5)

The formal objection was discussed in the Commission Expert Group on Machinery (5) in its meetings on 10 October 2022 and 23 March 2023. It was discussed by the Committee established by Article 22 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (6) on European standardisation on 15 December 2023.

(6)

Having examined harmonised standard EN 12525:2000+A2:2010 together with the representatives of the Commission Expert Group on Machinery and the representatives of the committee established by Article 22 of Regulation (EU) No 1025/2012, the Commission concluded that the standard fails to meet the essential health and safety requirements set out in points 1.1.2. and 1.7.4.2. (l) of Annex I to Directive 2006/42/EC.

(7)

On 30 September 2022, France raised a formal objection in accordance with Article 10 of Directive 2006/42/EC against harmonised standard EN 15997:2011, as corrected by EN 15997:2011/AC:2012, explaining that it fails to satisfy the essential health and safety requirements set out in points 1.1.2., 1.3.1., and 3.4.1. of Annex I to Directive 2006/42/EC. France argues that the standard, covering all terrain vehicles and quads, does not adequately address the principles of safety integration and the reasonably foreseeable misuse set out in point 1.1.2 of Annex I to Directive 2006/42/EC. France also argues that it also has serious shortcomings relating to the loss of stability as it lacks requirements for lateral stability and longitudinal forward stability set out in point 1.3.1 of Annex I to the Directive. In addition, France argues that that harmonised standard does not have specifications to prevent uncontrolled movements set out in point 3.4.1 of Annex I to the Directive 2006/42/EC. According to France, roll-over event and rider ejection are considered to be the most relevant accident scenarios.

(8)

The formal objection was discussed in the Commission Expert Group on Machinery in its meeting on 23 March 2023. It was discussed by the Committee established by Article 22 of Regulation (EU) No 1025/2012 on European standardisation on 15 December 2023.

(9)

Having examined harmonised standard EN 15997:2011, as corrected by EN 15997:2011/AC:2012, together with the representatives of the Commission Expert Group on Machinery and the representatives of the committee established by Article 22 of Regulation (EU) No 1025/2012, the Commission concluded that the standard fails to meet the essential health and safety requirements set out in points 1.1.2., 1.3.1., and 3.4.1. of Annex I to Directive 2006/42/EC.

(10)

On 20 May 2022, Germany raised a formal objection in accordance with Article 10 of Directive 2006/42/EC against harmonised standard EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015, and harmonised standard EN 62841-2-11:2016, as amended by EN 62841-2-11:2016/A1:2020, explaining that those harmonised standards fail to satisfy the essential health and safety requirements set out in points 1.2.3. and 2.2.1. of Annex I to Directive 2006/42/EC. Germany argues that harmonised standard EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015, and harmonised standard EN 62841-2-11:2016, as amended by EN 62841-2-11:2016/A1:2020, both covering hand-held electrical machines such as jigsaws, do not provide sufficient protection against unintentional starting after voltage loss, as regards the requirements set out in point 1.2.3. (second paragraph, first indent, applied with the first paragraph) and point 2.2.1. (first paragraph, third indent) of Annex I to Directive 2006/42/EC.

(11)

The formal objection was discussed in the Commission Expert Group on Machinery in its meeting on 10 October 2022 and in the Committee established by Article 22 of Regulation (EU) No 1025/2012 on European standardisation on 15 December 2023.

(12)

Having examined harmonised standard EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015, and harmonised standard EN 62841-2-11:2016, as amended by EN 62841-2-11:2016/A1:2020, together with the representatives of the Commission Expert Group on Machinery and the committee established by Article 22 of Regulation (EU) No 1025/2012, the Commission concluded that the standard fails to meet the essential health and safety requirements set out in points 1.2.3. and 2.2.1. of Annex I to Directive 2006/42/EC.

(13)

Given that the reference of amendment EN 62841-1:2015/A11:2022 was published in the Official Journal of the European Union, by Implementing Decision (EU) 2023/1586, after the objection raised by Germany, the Commission considered also harmonised standard EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015 and amended by EN 62841-1:2015/A11:2022, and concluded that the standard still fails to meet the essential health and safety requirements set out in point 1.2.3. (second paragraph, first indent, applied with the first paragraph) and point 2.2.1. (first paragraph, third indent) of Annex I to Directive 2006/42/EC.

(14)

Harmonised standards EN 12525:2000+A2:2010; EN 15997:2011, as corrected by EN 15997:2011/AC:2012; EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015 and amended by EN 62841-1:2015/A11:2022; and EN 62841-2-11:2016, as amended by EN 62841-2-11:2016/A1:2020, should therefore be maintained in the Official Journal of the European Union with a restriction.

(15)

The references of harmonised standards EN 12525:2000+A2:2010; EN 15997:2011, as corrected by EN 15997:2011/AC:2012; EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015 and amended by EN 62841-1:2015/A11:2022; and EN 62841-2-11:2016, as amended by EN 62841-2-11:2016/A1:2020, are listed in Annex I to Implementing Decision (EU) 2023/1586. That Annex also includes the references of harmonised standards drafted in support of Directive 2006/42/EC, but that are published in the Official Journal of the European Union with restrictions. The references of those harmonised standards should therefore be maintained, by deleting them from that Annex and reintroducing them therein, with the appropriate restrictions.

(16)

The reference of harmonised standard EN 62841-1:2015, as corrected by EN 62841-1:2015/AC:2015, is listed in Annex II to Implementing Decision (EU) 2023/1586, which lists the references of harmonised standards that are withdrawn after specific dates. That Annex also includes the references of harmonised standards drafted in support of Directive 2006/42/EC with restrictions. The reference of that harmonised standard should therefore be maintained, by deleting it from that Annex and reintroducing it therein, with the appropriate restriction.

(17)

For reasons of clarity and certainty, Article 3 of Implementing Decision (EU) 2023/1586 should provide that the applicability of standards, the references of which are listed in that Annex, is subject to any restrictions set out in Annex III to that Implementing Decision. Article 3 of that Implementing Decision should therefore be corrected.

(18)

Implementing Decision (EU) 2023/1586 should therefore be amended and corrected 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,

(1)

Article 1 is replaced by the following:

(2)

in Article 2, the second paragraph is replaced by the following:

‘However, it shall continue to apply to the references of harmonised standards listed in Annex II to this Decision until the dates of withdrawal of those references set out in that Annex, subject to any restrictions set out in that Annex.’; and

(3)

Annexes I and II are amended in accordance with the Annex to this Decision.