Article 104

Standards

1. The Commission shall, in accordance with Article 10(1) of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft standards in relation to the following essential requirements:

(a) the requirements laid down in Article 72(2), first subparagraph, for the purposes of demonstrating compliance with Article 72(1);

(b) the requirements laid down in Article 25(5), first subparagraph, for the purposes of demonstrating compliance with Article 25(2). When preparing the standardisation requests referred to in the first subparagraph, the Commission may take into account existing European or international standards in place or under development, to simplify the development of standards, in accordance with Regulation (EU) No 1025/2012.

2. Where the conditions referred to in paragraph 3 are fulfilled, the Commission shall adopt implementing acts establishing common specifications covering the technical requirements which provide the means to comply with the essential requirements referred to in paragraph 1, first subparagraph.

3. The implementing acts referred to in paragraph 2 shall be adopted in any of the following cases where the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a standard for the essential requirements referred to in paragraph 1, first subparagraph, and one of the following situations occurs:

(a) requirements are not covered by harmonised standards, or parts thereof, the references of which have been published in the Official Journal of the European Union;

(b) requirements are covered by harmonised standards, or parts thereof, the references of which have been published in the Official Journal of the European Union, but application of those standards or parts thereof result in non-compliance with the essential requirements, or

(c) where the Commission considers that there is a need to address an urgent concern. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 114(3).

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