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First, the contested decisions infringe the first and second sentence of Article 17(5) of Regulation (EU) No 305/2011. Contrary to those provisions, the defendant does not appear to have assessed the extent to which the harmonised standards at issue conform to the relevant mandates. Consequently, it failed to recognise that there is in fact no such conformity.

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Second, the contested decisions infringe Article 18(2), in conjunction with Article 3(1) and (2) and the first sentence of Article 17(3), of Regulation (EU) No 305/2011. The defendant disregarded the fact that the contested harmonised standards include no methods or criteria for assessing performance in relation to the essential characteristics for the mechanical resistance, stability, breaking resistance and load-bearing capacity of tanks for use coming within the scope of the standards in earthquake and flood areas, and that they are therefore insufficient in respect of three essential characteristics of construction products and consequently jeopardise compliance with the basic requirements for construction works.

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Third, the defendant committed an error of assessment by rejecting as inadmissible the applicant’s request that it add, in each case, a restriction when publishing the references for the contested harmonised standards, thereby infringing Article 18(2) of Regulation (EU) No 305/2011.

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Lastly, the defendant committed a further error of assessment when adopting the contested acts by reason of the fact that it rejected the applicant’s alternative request that it withdraw the references for the contested standards from the Official Journal of the European Union on the basis of the possibility, which in the Commission’s view was extant, of a restriction or prohibition on the part of the Member States.