sec_4_1_2_5__para__8

Unless decided otherwise on the basis of a proposal by the Commission, the removal of the reference of a harmonised standard from the OJEU after its revision does not automatically invalidate existing certificates issued by notified bodies; it only concerns the conformity that is conferred onto new conformity assessments that follow the new harmonised standard. Products produced according to the old certificate may still benefit from the continuing conformity with the essential requirements and may continue to be placed on the market until the end of the validity of the relevant certificates issued by notified bodies. However, manufacturers must keep themselves appraised of changes in the state of the art, assess the extent of the changes to the superseded version of the standard and, if necessary, take appropriate action. The kind of action to be taken by the manufacturer depends on the nature of the changes in the harmonised standards, in particular whether these changes are material with regard to the coverage of the essential requirements and whether they concern the product in question. In addition, the notified body shall also keep itself appraised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the relevant requirements, and shall determine whether such changes require further investigation. If so, the notified body shall inform the manufacturer accordingly. The reference of the revised harmonised standard, together with the information concerning the superseded version of the harmonised standard, and the date when the presumption of conformity of the superseded version of the standard ceases are published in the OJEU. It is in the interest of manufacturers to check every publication of the list of harmonised standards in the OJEU and to verify within it the validity of the harmonised standards they have applied in order to assess the conformity of their product. This is particularly essential in cases where manufacturers declare conformity themselves (in case of internal production control) and where manufacturer want to ensure continuous presumption of conformity for the products placed on the market.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.