Article 16 — Common specifications

1. Toys which are in conformity with the common specifications referred to in paragraph 2 or parts thereof shall be presumed to be in conformity with the essential safety requirements to the extent that those requirements are covered by those common specifications or parts thereof. 2. In exceptional cases, the Commission may adopt implementing acts establishing common specifications covering requirements that provide a means to comply with the applicable essential safety requirements. Those implementing acts shall only be adopted where the following conditions are fulfilled: (a) there is no harmonised standard covering the applicable essential safety requirements the reference of which is published in the Official Journal of the European Union and no such reference is expected to be published within a reasonable period; and (b) the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft or to revise European standards for the applicable essential safety requirements and: (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 European standards requested: are not delivered within the deadline set in the request; do not comply with the request; or do not satisfy the requirements they aim to cover. The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 53(3). 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 in that paragraph have been fulfilled. When preparing a draft implementing act as referred to in paragraph 2 of this Article, the Commission shall take into account the views of the Expert Group on Toys Safety and shall consult all relevant stakeholders. 4. Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the purpose of publishing 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 reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal or amend the implementing acts referred to in paragraph 2 of this Article, or parts thereof, which cover the same essential safety requirements as those covered by that harmonised standard. 5. Where a Member State considers that a common specification does not entirely satisfy the essential safety requirements, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, where appropriate, amend the implementing act establishing the common specification in question.