19.2.2009 Official Journal of the European Union L 48/13 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 10 February 2009 on the non-publication of the reference of standard EN 3-9:2006 ‘Portable fire extinguishers — Part 9: Additional requirements to EN 3-7 for pressure resistance of CO, extinguishers’, in accordance with Directive 97/23/EC concerning pressure equipment (notified under document number C(2009) 666) (Text with EEA relevance) (2009/140/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approx- imation of the laws of the Member States concerning pressure equipment (1), and in particular Article 6 thereof, Having regard to the opinion of the Standing Committee set up in accordance with Article 5 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (?), Whereas: (1) Directive 97/23/EC provides that pressure equipment and assemblies may be placed on the market and put into service only if, when properly installed and maintained and used for their intended purpose, they do not endanger the health and safety of persons and, where appropriate, domestic animals and property. 181, 9.7.1997, p. 1. 204, 21.7.1998, p. 37. = (') O] () 0 ) Pressure equipment and assemblies are presumed to meet the essential requirements set out in Annex I to Directive 97/23[EC if they conform to the national standards transposing the harmonised standards the reference numbers of which have been published in the Official Journal of the European Union. Pursuant to Article 6 of Directive 97/23/EC Sweden lodged a formal objection in respect of standard EN 3-9:2006 adopted by the European Committee for Standardisation (CEN) on 2 November 2006 the references of which have not yet been published in the Official Journal of the European Union. Sweden considers that sections 4, 5.1, 5.2, 5.4, 6 and 8 of standard EN 3-9:2006 do not satisfy the essential requirements of Directive 97/23/EC. With regard to section 4 (materials) of EN 3-9:2006, Sweden considers that only general information is given and that it is therefore not possible to provide for technical solutions with regard to the material requirements in point 4 of Annex I to Directive 97/23[EC. The precise choice of material is, in this context, an essential element in order to meet several of the essential safety requirements for pressure equipment in accordance with the relevant requirement of Mandate M/071 to CEN.