# Commission Implementing Decision (EU) 2015/1159Show full title

Commission Implementing Decision (EU) 2015/1159 of 13 July 2015 on a measure taken by Spain in accordance with Directive 2006/42/EC            of the European Parliament and of the Council to prohibit the placing on the market of an angle grinder manufactured by Varo            Belgium (notified under document C(2015) 4664) (Text with EEA relevance)         

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U.K.

# Commission Implementing Decision (EU) 2015/1159                     

# of 13 July 2015

# on a measure taken by Spain in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit                        the placing on the market of an angle grinder manufactured by Varo Belgium                     

# *(notified under document C(2015) 4664)*

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending                           Directive 95/16/EC(1), and in particular Article 11(3) thereof,                        

Whereas:

(1)Spain informed the Commission of a measure to prohibit the placing on the market of an angle grinder, Powerplus model POWX060                              manufactured by Varo Belgium.

(2)The angle grinder bore CE marking, according to Directive 2006/42/EC.

(3)The reason for taking the measure was the non-conformity of the angle grinder with the essential health and safety requirements                              set out in Annex I to Directive 2006/42/EC, points 1.3.2 — Risk of break up during operation, 1.7.3 — Marking of machinery                              and 1.7.4.2 — Contents of instructions, on the grounds that the machine does not succeed the resistance test, breaking the                              protection of the disc, with the consequent risk of projecting it at high speed onto the worker.

(4)The notification was accompanied by an inspection report established by Laboratorio de Maquinas y Mecanismos, Madrid.

(5)The Commission wrote to the manufacturer and to the distributor inviting them to comment on the measure taken by Spain. In                              reply, the manufacturer stated that the product has been withdrawn voluntarily from the market and that corrective measures                              have been taken for the successive products.

(6)The documentation available, the comments expressed and the action taken by the parties concerned demonstrate that the angle                              grinder, Powerplus model POWX060 fails to comply with the essential health and safety requirements set out in Directive 2006/42/EC.                              It is therefore appropriate to consider the measure taken by Spain as justified,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The measure taken by Spain to prohibit the placing on the market of an angle grinder, Powerplus model POWX060 manufactured                     Varo Belgium, is justified.                  

# Article 2U.K.

This Decision is addressed to the Member States.

Done at Brussels, 13 July 2015.

*For the Commission*                            

Elżbieta Bieńkowska                            

*Member of the Commission*                            

1

OJ L 157, 9.6.2006, p. 24.