26.11.2015   

EN

Official Journal of the European Union

L 309/10

(1)

Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex II to Directive 89/686/EEC, equipment manufactured in accordance with this standard is presumed to meet the basic health and safety requirements concerned.

(2)

On 12 February 2000, the European Commission, upon publication of the list of harmonised standards in the Official Journal of the European Union, issued a warning for harmonised standard EN 795:1996. It specifies that ‘this publication does not concern the equipment described in classes A, C and D […] in respect of which there shall be no presumption of conformity with the provisions of Directive 89/686/EEC’.

(3)

In a judgment of 21 October 2010 in case C-185/08, the Court of Justice of the European Union held that the provisions of EN 795 relating to Class A 1 anchor devices are not covered by Directive 89/686/EEC.

(4)

On 3 August 2012, France lodged a formal objection in respect of standard EN 795:2012 ‘Personal fall protection equipment — Anchor devices’, harmonised under Directive 89/686/EEC. The standard was approved by the European Committee for Standardisation (CEN) on 9 June 2012 but its reference has not yet been published in the Official Journal of the European Union.

(5)

The formal objection is based on the fact that fixed anchor devices, to which personal protective equipment (PPE) against falls from a height — such as a body harness, a lanyard with shock absorber and other connecting elements — is attached, form an integral part of a structure or rock face. Anchor devices which form an integral part of a structure are not PPE but devices external to the PPE and therefore complementary. In this case, only connecting elements should be regarded as PPE.

(6)

Standard EN 795:2012 concerns both fixed and mobile anchor points. However, only mobile anchor points (that is to say transportable and temporary), not permanently secured to a structure, come under the scope of Directive 89/686/EEC.

(7)

The anchor devices covered by standard EN 795:2012 are of five types, according to their characteristics:

type A: anchor devices with one or more stationary anchor points and with the need for structural anchors or fixing elements to fix to the structure;

type B: anchor device with one or more stationary anchor points without the need for structural anchors or fixing elements to fix it to the structure;

type C: anchor devices employing horizontal flexible anchor lines;

type D: anchor devices employing horizontal rigid anchor lines;

type E: anchor device for use on horizontal surfaces where the performance relies solely on mass and friction between itself and the surface (deadweight anchors).

(8)

Having examined the standard EN 795:2012, the Commission has established that only types B and E anchor devices are mobile anchors not meant to remain permanently fixed to the structure, and are therefore PPE covered by Directive 89/686/EEC.

(9)

The European standardisation organisations, the European stakeholder organisations receiving Union financing and the personal protective equipment working group were consulted,