Commission Implementing Decision (EU) 2022/1844 of 28 September 2022 amending Implementing Decision (EU) 2019/1616 as regards harmonised standards for metallic industrial piping, portable fire extinguishers, non-destructive testing, pipe fittings, industrial valves, water-tube boilers, GRP tanks and vessels, expansion joints and valves for the refrigerating systems and heat pumps (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 12 of Directive 2014/68/EU of the European Parliament and of the Council⁽²⁾, pressure equipment or assemblies referred to in Article 4(1) and (2) of that Directive 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 to be presumed to be in conformity with the essential safety requirements covered by those standards or parts thereof referred to in Annex I to that Directive.

2. By letter M/071 of 1 August 1994 the Commission made a request to the European Committee for Standardisation (CEN) for drawing up, in relation to the pressure equipment, the product related standards and the standards of a horizontal nature in support of Directive 97/23/EC of the European Parliament and of the Council⁽³⁾. That Directive was replaced by Directive 2014/68/EU without changing the essential safety requirements referred to in Annex I to Directive 97/23/EC.

3. On the basis of the request M/071 and in order to reflect the state of the art, CEN revised and amended some of the existing harmonised standards. Specifically, CEN revised harmonised standards EN 3-8:2006/AC:2007, EN ISO 9712:2012 and EN 10253-2:2007 the references of which have been published by Commission Communication 2016/C 293/01⁽⁴⁾ which resulted in adoption of harmonised standards EN 3-8:2021, EN ISO 9712:2022 and EN 10253-2:2021, respectively, on portable fire extinguishers, non-destructive testing and pipe fittings.

4. CEN also revised the following harmonised standards on water-tube boilers the references of which have been published by Communication 2016/C 293/01: EN 12952-2:2011, EN 12952-5:2011, EN 12952-6:2011 and EN 12952-10:2002. This resulted in the adoption of, respectively, the following harmonised standards: EN 12952-2:2021, EN 12952-5:2021, EN 12952-6:2021 and EN 12952-10:2021.

5. In addition, CEN revised the following harmonised standards the references of which have been published by Communication 2016/C 293/01: EN 13121-1:2003, EN 14917:2009+A1:2012 and EN 12284:2003. This resulted in adoption of, respectively, the following harmonised standards: EN 13121-1:2021 on GRP tanks and vessels, EN 14917:2021 on expansion joints and EN ISO 21922:2021 on valves for refrigerating systems and heat pumps.

6. On the basis of the request M/071, CEN also amended the following standards on metallic industrial piping, the references of which are included in Annex I to Commission Implementing Decision (EU) 2019/1616⁽⁵⁾: EN 13480-2:2017, EN 13480-5:2017 and EN 13480-3:2017. This resulted in the adoption of, respectively, the following amendments to harmonised standards: EN 13480-2:2017/A8:2021, EN 13480-5:2017/A2:2021 and EN 13480-3:2017/A4:2021. Additionally, CEN amended the harmonised standard EN 12516-2:2014 the reference of which have been published by Communication 2016/C 293/01. This resulted in adoption of the harmonised standard EN 12516-2:2014+A1:2021.

7. The Commission together with CEN has assessed whether those standards on the pressure equipment as amended or revised by CEN comply with the request M/071.

8. The standards on the pressure equipment as amended or revised by CEN satisfy the requirements which they aim to cover and which are referred to in Annex I to Directive 2014/68/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

9. Annex I to Implementing Decision (EU) 2019/1616 lists the references of harmonised standards drafted in support of Directive 2014/68/EU. The references of harmonised standards EN 13480-2:2017, EN 13480-5:2017 and EN 13480-3:2017 together with the amendments thereof should be included in that Annex.

10. Annex II to Implementing Decision (EU) 2019/1616 lists the references of harmonised standards drafted in support of Directive 2014/68/EU that are withdrawn from the Official Journal of the European Union. The following harmonised standards the references of which are published by Communication 2016/C 293/01 have been replaced, revised or amended: EN 10253-2:2007, EN 12284:2003, EN 12516-2:2014, EN 12952-10:2002, EN 12952-2:2011, EN 12952-5:2011, EN 12952-6:2011, EN 13121-1:2003, EN 14917:2009+A1:2012, EN 3-8:2006/AC:2007 and EN ISO 9712:2012. The references of those standards should therefore be included in Annex II to Implementing Decision (EU) 2019/1616.

11. It is also necessary to withdraw the references of harmonised standards EN 13480-2:2017, EN 13480-5:2017 and EN 13480-3:2017 together with any amendments thereof published by Implementing Decision (EU) 2019/1616, given that they have been replaced. It is therefore appropriate to delete those references from Annex I to that Implementing Decision.

12. In order to give manufacturers sufficient time to prepare for the application of the revised standards or amended standards, it is necessary to defer the withdrawal of the references of harmonised standards.

13. Implementing Decision (EU) 2019/1616 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: