Skip to content
EUAILaw.com
Articles / Annexes

Chapter VII — DELEGATED POWERS AND COMMITTEE PROCEDURE

Chapter VIII — CONFIDENTIALITY AND PENALTIES

Machinery Regulation·Recital 45

Recital (45)

Recitals 45 / 86

The current EU standardisation framework which is based on the New Approach principles set out in Council Resolution of 7 May 1985 on a new approach to technical harmonization and standards (14) and on Regulation (EU) No 1025/2012 represents the framework by default to elaborate standards that provide for a presumption of conformity with the relevant essential health and safety requirements of this Regulation. European standards should be market-driven, take into account the public interest, as well as the policy objectives clearly stated in the Commission’s request to one or more European standardisation organisations to draft harmonised standards, within a set deadline and be based on consensus. However, in the absence of relevant references to harmonised standards, the Commission should be able to adopt implementing acts establishing common specifications for the essential health and safety requirements of this Regulation, provided that in doing so it duly respects the role and functions of standardisation organisations, as an exceptional fall back solution to facilitate the manufacturer’s obligation to comply with those health and safety requirements, when the standardisation process is blocked or when there are delays in the establishment of appropriate harmonised standards. If such delay is due to the technical complexity of the standard in question, this should be considered by the Commission before contemplating the establishment of common specifications.