Commission Implementing Decision (EU) 2026/80of 12 January 2026amending Implementing Decision (EU) 2023/1586 as regards the harmonised standard for gardening shredders and chippers(Text with EEA relevance)
European Union
Commission Implementing Decision (EU) 2026/80 of 12 January 2026 amending Implementing Decision (EU) 2023/1586 as regards the harmonised standard for gardening shredders and chippers (Text with EEA relevance) 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 OJ L 157, 9.6.2006, p. 24, ELI: http://data.europa.eu/eli/dir/2006/42/oj. , 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 Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (OJ L 207, 23.7.1998, p. 1, ELI: http://data.europa.eu/eli/dir/1998/37/oj). . (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 Commission Implementing Decision (EU) 2023/1586 of 26 July 2023 on harmonised standards for machinery drafted in support of Directive 2006/42/EC of the European Parliament and of the Council (OJ L 194, 2.8.2023, p. 45, ELI: http://data.europa.eu/eli/dec_impl/2023/1586/oj). . (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 Group E03676 of the Register of Commission Expert Groups and Other Similar Entities. 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 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12, ELI: http://data.europa.eu/eli/reg/2012/1025/oj). 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, HAS ADOPTED THIS DECISION:
Article 1
Amendments to Implementing Decision (EU) 2023/1586
Implementing Decision (EU) 2023/1586 is amended as follows: (1) in Article 1, the second paragraph is replaced by the following: The references of the standards listed in Part Three, point 2, rows 121, 266, 324a, 343, 405, 495, 495a, 502a, 513a, 622a, 671a and 681a, of Annex I to this Decision are published or maintained in the Official Journal of the European Union with restrictions.; (2) Annex I to Implementing Decision (EU) 2023/1586 is amended in accordance with the Annex to this Decision.
Article 2
Entry into force This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. Done at Brussels, 12 January 2026. For the Commission The President Ursula von der Leyen
Annex
ANNEX In Part Three of Annex I to Implementing Decision (EU) 2023/1586, point 2 is amended as follows: (1) row 622 is deleted; (2) the following row 622a is inserted: 622a. EN 50434:2014 Safety of household and similar appliances – Particular requirements for mains operated shredders and chippers Restriction: This harmonised standard does not confer a presumption of conformity, limited to machines where the shredding means can rotate at speeds exceeding 300 r•min-1, with the essential health and safety requirements set out in point 1.1.2. (a) of Annex I to Directive 2006/42/EC, which requires that machinery must be designed and constructed so that it is fitted for its function, and can be operated 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, as well as point 1.3.3. of Annex I to Directive 2006/42/EC, as regards precautions that must be taken to prevent risks from ejected objects, which shall also consider long objects such as tall trees.
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- 2026
- Ikrafttrædelsesdato
- 1. januar 1970