Public access portal related to case C-588/21 P is now accessible at ds.dk

A harmonized standard is a technical specification developed by CEN, CENELEC or ETSI following a request from the European Commission through a transparent process. It describes how to meet general requirements of EU directives. Harmonized standards provide a presumption of conformity with legislation when they are published by the Commission in the Official Journal of the European Union.

The case C-588/21 P concerns four specific harmonized standards – three CEN standards on toys and one CEN standard on testing of nickel:

 

DS/EN 12472 + A1:2009 – Method for the simulation of accelerated wear and corrosion for the detection of nickel release from coated items

 

DS/EN 71-12:2013 – Safety of toys – Part 12: N-Nitrosamines and N-nitrosatable substances

 

DS/EN 71-4:2013 – Safety of toys – Part 4: Experimental sets for chemistry and related activities

 

DS/EN 71-5:2015 – Safety of toys – Part 5: Chemical toys (sets) other than experimental sets

 

Three of the harmonized standards to which access has been sought have been withdrawn. This means that they are no longer applicable. However, as they are the subjects of case C-588/21 P, the European Commission has decided to make these available in the portal.

 

However, the ruling may result in access being granted to more harmonised standards that may be of public interest. 

The ruling states that the European Commission must grant access to the four harmonized CEN standards to the two organisations Public.Resource.Org Inc. and Right to Know CLG, who made the initial request.

 

In the long term, the European Commission may grant access to several harmonized standards to more organisations. 

Anyone with an interest in the matter can read the four specific standards on the website of the NSBs. You can read them in our webshop here following your registration: https://webshop.ds.dk/standard?openStandards=true

The European Commission has granted access to the four specific standards covered by the ruling. To begin witht to the two organisations Public.Resource.Org Inc. and Right to Know CLG, who made the initial request, and they are now available to the public via decentralized read-only portals.

The ruling is not focused on free standards on ds.dk, but on public access to harmonized standards. It is the responsibility of the European Commission to ensure that public access is granted to harmonized standards of public interest. The European Commission, together with CEN-CENELEC, has decided to give access to the four harmonized standards via decentralized read-only portals.

Danish Standards is following the case closely and is in dialogue with CEN-CENELEC in order to learn more about the consequences of the ruling. Danish Standards is not participating directly in the negotiations but is represented through CEN-CENELEC together with the 34 European NSBs, Danish Standards included. We believe that the portal is a good solution, making the four standards easy to find. 

You can read all standards, including the harmonized standards covered by the ruling, at any time at the Royal Library in Aarhus and Copenhagen as well as at DTU or by physical attendance at Danish Standards by appointment.