Commission Implementing Decision (EU) 2022/404 of 3 March 2022 amending Implementing Decision (EU) 2019/919 as regards harmonised standards for steering gear – cable over pulley systems (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:

(1) In accordance with Article 14 of Directive 2013/53/EU of the European Parliament and of the Council (2), products which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, are presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 4(1) of Directive 2013/53/EU and Annex I to that Directive.

(2) By Implementing Decision C(2015) 8736 (3), the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting and revision of harmonised standards in support of Directive 2013/53/EU addressing the stricter essential requirements set out in Article 4(1) of Directive 2013/53/EU and in Annex I to that Directive, in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4).

(3) By Implementing Decision C(2015) 8736 CEN and Cenelec were also requested to revise standards the references of which were published by Commission communication 2015/C 087/01 (5).

(4) On the basis of the request set out in Implementing Decision C(2015) 8736, CEN revised harmonised standard EN ISO 8847:2017 on steering gear – cable and pulley systems, which had replaced the previous harmonised standard EN ISO 8847:2004 and the reference of which has been published by Commission communication 2017/C 435/06 (6). This resulted in the adoption of harmonised standard EN ISO 8847:2021.

(5) The Commission together with CEN has assessed whether that standard as revised by CEN complies with the request set out in Implementing Decision C(2015) 8736.

(6) The standard EN ISO 8847:2021 sets out requirements for the design, installation and testing of cable over pulley steering systems on small craft with or without propulsion engine and on small craft with outboard engine up to and including 37 kW of total power.

(7) The standard EN ISO 8847:2021 satisfies the requirements which it aims to cover and which are set out in Article 4(1) of Directive 2013/53/EU, as well as in Part A of Annex I to that Directive. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union.

(8) Standard EN ISO 8847:2021 is to replace standard EN ISO 8847:2017.

(9) It is therefore necessary to withdraw the reference of standard EN ISO 8847:2017 from the Official Journal of the European Union.

(10) In order to give manufacturers sufficient time to adapt their products to the revised version of harmonised standard EN ISO 8847:2017, it is necessary to defer the withdrawal of the reference of that standard.

(11) Annex I to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU. The reference of harmonised standard EN ISO 8847:2021 should be included in that Annex.

(12) Annex II to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU that are withdrawn from the C-series of Official Journal of the European Union. The reference of harmonised standard EN ISO 8847:2017 should be included in that Annex.

(13) Implementing Decision (EU) 2019/919 should therefore be amended accordingly.

(14) 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,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2019/919 is amended as follows:

(1) Annex I is amended in accordance with Annex I to this Decision;

(2) Annex II is amended in accordance with Annex II to this Decision.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 3 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 316, 14.11.2012, p. 12.

(2) Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90).

(3) Commission Implementing Decision C(2015) 8736 of 15 December 2015 on a standardisation request to the European Committee for Standardisation and the European Committee for Electro-technical Standardisation as regards recreational craft and personal watercraft in support of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC.

(4) Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 164, 30.6.1994, p. 15).

(5) Commission communication in the framework of the implementation of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 87, 13.3.2015, p. 1).

(6) Commission communication in the framework of the implementation of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 435, 15.12.2017, p. 144).

ANNEX I

In Annex I to Implementing Decision (EU) 2019/919, the following entry is added:

No | Reference of the standard

‘44. | EN ISO 8847:2021 | Small craft – Steering gear – Cable over pulley systems’.

###ANNEX II###

In Annex II to Implementing Decision (EU) 2019/919, the following entry is added:

No | Reference of the standard | Date of withdrawal

‘37. | EN ISO 8847:2017 | Small craft – Steering gear – Cable over pulley systems | 10 September 2023.’