Public access portal related to case C-588/21 P is now accessible at ds.dk
The European Commission and CEN-CENELEC have decided that all National Standards Bodies (NSB) in Europe must have a virtual read-only portal. As a result, the harmonized standards related to the EU ruling in case C-588/21 P are now available to the public in Denmark.
On 5 March 2024, it was determined that the European Commission should provide access to the four harmonized standards covered by case C-588/21 P. The European Commission and CEN-CENELEC, owner of the standards, have since been in dialogue on how to implement the ruling.
The European Commission and CEN-CENELEC have now agreed on a solution where all 34 NSBs make the national adoptions of the relevant standards available in a portal which is open to all.
- At Danish Standards, we are pleased that we can now welcome our customers to a portal at ds.dk with easy access to the standards related to the ruling. We have opted to integrate the portal with our other systems to make the platform user-friendly and easily accessible, says Tina Helsted Vengsgaard, Director of Standardization at Danish Standards.
The digital read-only access allows the user to read the standards. If you wish to copy or integrate one or more of the standards into your own systems, they can be purchased via our webshop or Standard Distribute.
Other harmonized standards
The case C-588/21 P concerns four 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Three of the harmonized standards to which access has been sought have been withdrawn. This means that they are no longer applicable.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.
Whether the remaining harmonized standards will also become available in the portal has yet to be decided by the European Commission and CEN- CENELEC. ds.dk will be updated once we have new information.
FAQ
What is a harmonized standard?
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.
Which harmonized standards are covered by the ruling?
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.
Who will grant access to the four standards?
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.
Who can access the four harmonized standards?
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
By when must the European Commission grant access to the standards?
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.
Will harmonized standards be free of charge on ds.dk?
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.
What is the position of Danish Standards?
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.
The availability of standards
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.
IPR
Read-only access to national adoptions of specific harmonized European standards for European public access
The purpose of read-only access to this standard is to make the content of specific harmonized European standards (national adoption) available for European public access.
The present access to the standard is granted under applicable legal frameworks. Please note that these frameworks can change and may impact your access.
Standards are protected by copyright
CEN and CENELEC Standards documents, their national adoptions and other technical related deliverables and publications are covered and protected by copyright. This also applies to harmonized European standards.
The presentaccess to national adoptions of harmonized European standards is granted for direct information of the registered user only and under read-only format, without any right to especially download, print, commercialize, reproduce, make available or distribute the documents in any way whatsoever. We reserve all rights concerning text and data mining.
Such access is granted without prejudice to any existing rights of the rightsholders of these documents which are hereby withheld, and to any rules on copyright which limit a third party's right to reproduce or exploit the standards in any way whatsoever.
By using the portal you are confirming to have read the above.
Read more about copyright from CEN and CENELEC
What is a harmonized European standard?
A harmonized European standard is a European standard developed by a recognized European Standards Organization, and is created following a request from the European Commission for the implementation of the application of European Union harmonization legislation.
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