Commission Implementing Decision (EU) 2026/80

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC^note, and in particular Article 10 thereof,Whereas:

(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 Standardization (CEN) and the European Committee for Electrotechnical Standardization (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^note.

(3)On the basis of the request M/396, Cenelec drafted harmonised standard EN 50434:2014 on the safety of household and similar appliances with particular requirements for mains operated shredders and chippers. The reference of that standard is published in the Official Journal of the European Union by Commission Implementing Decision (EU) 2023/1586^note.

(4)On 24 May 2023, Germany raised a formal objection in accordance with Article 10 of Directive 2006/42/EC against harmonised standard EN 50434:2014 on mains operated shredders and chippers explaining that the harmonised standard fails to satisfy the essential health and safety requirements set out in points 1.1.2. (a) and 2.3. (b) of Annex I to Directive 2006/42/EC. In particular, Germany argues that harmonised standard EN 50434:2014 does not adequately address the requirement, set out in 1.1.2. (a) of that Annex, that machinery must be designed and constructed so that it is fitted for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen, but also taking into account any reasonably foreseeable misuse thereof. In addition, Germany argues that harmonised standard EN 50434:2014 fails to address the risk of ejection of inserted branches or parts of them and therefore does not meet the requirement set out in point 2.3. (b) of Annex I to Directive 2006/42/EC. Moreover, as regards that harmonised standard, Germany identified several non-critical shortcomings regarding certain protective devices, contents of the instructions for use and provisions for the marking of the equipment in question.

(5)The formal objection was first discussed in the Commission Expert Group on Machinery^note in its meetings on 9 November 2023, 12 April 2024, 17 October 2024 and 11 April 2025.

(6)Having examined harmonised standard EN 50434:2014, together with the representatives of the Commission Expert Group on Machinery, the Commission identified that from the points set out in Annex I to Directive 2006/42/EC, point 1.1.2. (a) of that Annex, which is mentioned in the objection submitted by Germany, and point 1.3.3. of that Annex are relevant for the product category in question. The Commission concluded that EN 50434:2014 fails to meet the essential health and safety requirements set out in those points, for shredder and chipper machines with certain characteristics.

(7)The committee established by Article 22 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council^note was consulted by written procedure on 10 October 2025 and was further informed on the case on 18 November 2025. The said Committee agreed that harmonised standard EN 50434:2014 fails to meet the essential health and safety requirements set out in points 1.1.2. (a) and 1.3.3. of Annex I to Directive 2006/42/EC, as regards shredder and chipper machines with certain characteristics.

(8)Harmonised standard EN 50434:2014 should therefore be maintained in the Official Journal of the European Union with a restriction.

(9)The reference of harmonised standard EN 50434:2014 is 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 reference of that harmonised standard should therefore be maintained, by deleting it from that Annex and reintroducing it therein, with the appropriate restrictions.

(10)Implementing Decision (EU) 2023/1586 should therefore be amended accordingly.

(11)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,

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