(1)

In accordance with Article 9(2) of Directive 2009/125/EC of the European Parliament and of the Council (2), Member States are to consider a product for which harmonised standards have been applied, the reference numbers of which have been published in the Official Journal of the European Union, as conforming to all the relevant requirements of the applicable implementing measure to which such standards relate.

(2)

By Implementing Decision C(2016) 7764 final (3), the Commission requested the European Committee for Standardisation (CEN) to draft harmonised standards in support of the implementation of Delegated Regulation (EU) 2015/1187 (4) and Regulation (EU) 2015/1189 (5). In particular, the Commission requested CEN to adapt standard EN 303-5:2012 for the determination of energy efficiency and pollutant emissions of solid fuel boilers, and to extend its scope to solid fuel boilers between 500 kW and 1 000 kW of heat output, and to solid fuel boilers powered by non-woody biomass. In addition, the Commission requested CEN to adapt standards EN 303-5:2012 and EN 13203-5:2015, or any other relevant standard, for the determination of the water heating efficiency of solid fuel combination boilers.

(3)

On the basis of Implementing Decision C(2016) 7764 final, CEN completed the work on the adaptation of harmonised standard EN 303-5:2012 for the determination of the energy efficiency and pollutant emissions of solid fuel boilers. That harmonised standard satisfies the requirements which it aims to cover.

(4)

Therefore, the Commission concluded that the reference number of standard EN 303-5:2021 was suitable for publication in the Official Journal of the European Union to allow presumption of conformity with the requirements laid down by Delegated Regulation (EU) 2015/1187 and Regulation (EU) 2015/1189, in accordance with Article 9(2) of Directive 2009/125/EC.

(5)

CEN withdrew standard EN 303-5:2021 before its reference number had been published in the Official Journal of the European Union and replaced it by EN 303-5:2021+A1:2022 after the expiration of the time period set by Implementing Decision C(2016) 7764 final for CEN to accept the request.

(6)

Amendment A1:2022 to standard EN 303-5:2021 does not have any effect on the compliance with the requirements laid down in Delegated Regulation (EU) 2015/1187 and Regulation (EU) 2015/1189.

(7)

The reference number of standard EN 303-5:2021+A1:2022 has been published in Commission Implementing Decision (EU) 2023/1586 (6) for the purpose of presumption of conformity with Directive 2006/42/EC of the European Parliament and of the Council (7), in accordance with Article 10(6) of Regulation (EU) No 1025/2012.

(8)

It is therefore appropriate to publish the reference number of standard EN 303-5:2021+A1:2022 in the Official Journal of the European Union for the purpose of presumption of compliance with Delegated Regulation (EU) 2015/1187 and Regulation (EU) 2015/1189, in accordance with Article 9(2) of Directive 2009/125/EC.

(9)

Commission Communication 2017/C 076/01 (8) regarding the implementation of Commission Delegated Regulation (EU) 2015/1187, refers to European standard EN 303-5:2012 and some other European standards to allow access to measurement and calculation methods before references of harmonised standards are published in the Official Journal of the European Union. Since that standard has been withdrawn and those methods are therefore obsolete, Communication 2017/C 076/01 is no longer relevant.

(10)

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,