Chapter 4a, Article 22b · Directive 2014/35/EU

Contents

Article 22bPresumption of conformity based on standards and common specifications#

1.Where electrical equipment has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts listing appropriate standards or establishing common specifications for such electrical equipment to cover the safety objectives referred to in Article 3 of this Directive and set out in Annex I to this Directive in the following cases:

(a)where a reference to harmonised standards covering the safety objectives referred to in Article 3 of this Directive and set out in Annex I to this Directive has not been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; or

(b)where severe disruptions to the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 18 of Regulation (EU) 2024/2747, significantly restrict the possibilities of manufacturers to make use of the harmonised standards that cover the safety objectives referred to in Article 3 of this Directive and set out in Annex I to this Directive and the references of which have already been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 shall set out the most appropriate alternative technical solution for the purposes of providing a presumption of conformity in accordance with paragraph 5. To that end, references of European standards or references of relevant applicable national or international standards may be published in those implementing acts or, if there is no European standard or relevant applicable national or international standard, common specifications may be established by those implementing acts.

3.The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 23(2) and shall apply until the last day of the period during which the internal market emergency mode is activated, unless such implementing acts are amended or repealed in accordance with paragraph 7 of this Article.

4.Before preparing the draft implementing act referred to in paragraph 1 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 1 of this Article have been fulfilled. When preparing that draft implementing act, the Commission shall take into account the views of relevant bodies or expert groups established under this Directive and shall duly consult all relevant stakeholders.

5.Without prejudice to Articles 12, 13 and 14, electrical equipment that is in conformity with the standards or common specifications referred to in paragraph 1 this Article, or parts thereof, shall be presumed to be in conformity with the safety objectives referred to in Article 3 and set out in Annex I that are covered by those standards, common specifications or parts thereof. From the day following the expiry or deactivation of the internal market emergency mode, it shall no longer be possible for manufacturers to rely on the presumption of conformity provided by the standards or the common specifications referred to in the implementing acts referred to in paragraph 1 of this Article.

6.By way of derogation from Article 22a(3), unless there is sufficient reason to believe that electrical equipment covered by the standards or common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the electrical equipment that is in conformity with those standards or common specifications and which has been placed on the market shall be deemed to be in conformity with the safety objectives referred to in Article 3 and set out in Annex I after the expiry or repeal of an implementing act adopted pursuant to paragraph 3 of this Article and after the expiry or deactivation of the internal market emergency mode.

7.When a Member State considers that a standard or common specification referred to in paragraph 1 does not entirely satisfy the safety objectives referred to in Article 3 and set out in Annex I, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend or repeal the implementing act listing the standard or establishing the common specification in question.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Defined terms · 15

Show every defined term

authorised representative
means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
conformity assessment
means the process demonstrating whether the safety objectives referred to in Article 3 and set out in Annex I relating to electrical equipment have been fulfilled;
crisis-relevant goods
means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the Council;
distributor
means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;
economic operators
means the manufacturer, the authorised representative, the importer and the distributor;
harmonised standard
means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;
importer
means any natural or legal person established within the Union who places electrical equipment from a third country on the Union market;
internal market emergency mode
means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747.
making available on the market
means any supply of electrical equipment for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
manufacturer
means any natural or legal person who manufactures electrical equipment or has electrical equipment designed or manufactured, and markets that equipment under his name or trade mark;
placing on the market
means the first making available of electrical equipment on the Union market;
recall
means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;
technical specification
means a document that prescribes technical requirements to be fulfilled by an electrical equipment;
Union harmonisation legislation
means any Union legislation harmonising the conditions for the marketing of products;
withdrawal
means any measure aimed at preventing electrical equipment in the supply chain from being made available on the market;

Defined terms · 15

Show every defined term

authorised representative
means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
conformity assessment
means the process demonstrating whether the safety objectives referred to in Article 3 and set out in Annex I relating to electrical equipment have been fulfilled;
crisis-relevant goods
means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the Council;
distributor
means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;
economic operators
means the manufacturer, the authorised representative, the importer and the distributor;
harmonised standard
means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;
importer
means any natural or legal person established within the Union who places electrical equipment from a third country on the Union market;
internal market emergency mode
means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747.
making available on the market
means any supply of electrical equipment for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
manufacturer
means any natural or legal person who manufactures electrical equipment or has electrical equipment designed or manufactured, and markets that equipment under his name or trade mark;
placing on the market
means the first making available of electrical equipment on the Union market;
recall
means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;
technical specification
means a document that prescribes technical requirements to be fulfilled by an electrical equipment;
Union harmonisation legislation
means any Union legislation harmonising the conditions for the marketing of products;
withdrawal
means any measure aimed at preventing electrical equipment in the supply chain from being made available on the market;

Directive 2014/35/EU

Article 22bPresumption of conformity based on standards and common specifications#

Defined terms · 15

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Article 22bPresumption of conformity based on standards and common specifications#

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