Recitals
COMMISSION IMPLEMENTING DECISION (EU) 2015/1320
of 30 July 2015
on the withdrawal of the references of the standards on soother holder, on soothers, on buoyancy aids for swimming instructions and on barbecues from the Official Journal of the European Union pursuant to Directive 2001/95/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
- Having regard to the Treaty on the Functioning of the European Union,
- Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety(1), and in particular the third and fourth subparagraphs of Article 4(2) thereof,
- After consulting the committee established by Article 22 of 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(2),
Whereas:
- Article 3(1) of Directive 2001/95/EC requires producers to place only safe products on the market.
- Under the second subparagraph of Article 3(2) of Directive 2001/95/EC, a product is to be presumed safe, as far as the risks and risk categories covered by the relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards, the references of which have been published by the Commission in the Official Journal of the European Union in accordance with Article 4 of that Directive.
- In accordance with Commission Decision C(2004) 1493(3), the Commission published in the C series of the Official Journal of the European Union the references of standards EN 12586:1999 and EN 12586:1999/AC:2002 on soother holder and EN 1400:2002 (parts 1, 2 and 3) on soothers.
- In accordance with Commission Decision 2005/718/EC(4), the Commission published in the C series of the Official Journal of the European Union the references of standards EN 13138-2:2002 on buoyancy aids for swimming instructions and EN 1860-1:2003 on barbecues.
- The European Committee for Standardisation has withdrawn standards EN 12586:1999, EN 12586:1999/AC:2002, EN 1400:2002 (parts 1, 2 and 3), EN 13138-2:2002 and EN 1860-1:2003. These standards which no longer exist do not ensure compliance with the general safety requirement.
- References of these standards should therefore be withdrawn from the Official Journal of the European Union.
- The measures provided for in this Decision are in accordance with the opinion of the committee established by Directive 2001/95/EC,
HAS ADOPTED THIS DECISION: