Article 37
Common specifications
1. Packaging which is in conformity with common specifications referred to in paragraph 2 of this Article, or parts thereof, shall be presumed to be in conformity with the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 to the extent that those requirements are covered by those common specifications or parts thereof. 2.
to 12, 24 and 26 to the extent that those requirements are covered by those common specifications or parts thereof. 2. The Commission may, by means of implementing acts, establish common specifications for the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 where the following conditions are fulfilled:
(a)
either:
(i)
no reference to harmonised standards covering the relevant requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 of this Regulation has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; or
(ii)
the existing standard does not satisfy the requirements the request aims to cover; and
(b)
the Commission has requested, pursuant to Arti
full text
cle 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft or to revise a harmonised standard for the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 of this Regulation and either:
(i)
the request has not been accepted by any of the European standardisation organisations to which the request was addressed; or
(ii)
the request has been accepted by at least one of the European standardisation organisations to which the request was addressed, but the requested harmonised standards:
—
are not adopted within
the deadline set in the request,
—
do not comply with the request, or
—
are not fully in line with the requirements they aim to cover.
in the request,
—
do not comply with the request, or
—
are not fully in line with the requirements they aim to cover. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
3. Before preparing a draft implementing act as referred to in paragraph 2 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions set out in paragraph 2 of this Article have been fulfilled.
(EU) No 1025/2012 that it considers that the conditions set out in paragraph 2 of this Article have been fulfilled.
4. Where a European standardisation organisation adopts a harmonised standard and proposes the harmonised standard to the Commission for the publication of its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. When such a reference to a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 2 of this Article, or parts thereof, which cover the same requirements laid down in or pursuant to Articles 5 to 12, 24 and 26.
Article, or parts thereof, which cover the same requirements laid down in or pursuant to Articles 5 to 12, 24 and 26.
5. Where a Member State or the European Parliament considers that a common specification does not entirely satisfy the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.
Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.
Source: public consultation submissions and position papers. n = 3 mentions; counted as a literal reference to the article number.