EN Official Journal of the European Union CE 78/474

(2004/C 78 E/0498)

WRITTEN QUESTION P-3145/03

by W.G. van Velzen (PPE-DE) to the Commission

(20 October 2003)

Subject: Batteries in exploding mobile phones

1. Is the Commission aware of incidents in which the batteries of mobile phones being used by individuals have exploded and, in some instances, even caused (serious) bodily injury?

2. If so, does the Commission also know whether the batteries involved were supplied by the mobile phone manufacturer? If not, will the Commission seek immediate information about these incidents which, after all, demonstrate that the safety and health of European citizens is at risk?

3. Is the Commission intending to carry out an investigation into the cause of these explosions, including finding out where the batteries came from and the circumstances in which they exploded?

4. What measures can the Commission take in connection with the incidents referred to above with regard, inter alia, to: — better consumer protection; — better information and warnings from the authorities and from manufacturers; — more research into battery safety; — better safety provisions and standardisation; — action to counter piracy and counterfeiting?

Answer given by Mr Liikanen on behalf of the Commission

(11 November 2003)

The Commission is aware of several cases (both in and outside the Union), where batteries used in mobile phones have exploded and have caused, in some cases, serious damage to the users concerned. It is primarily up to national enforcement authorities to investigate the individual cases and where appropriate to take products from the market and inform the Commission and other Member States of such actions. However, the Commission has conducted a first investigation of the case mentioned by the Honourable Member and has contacted national market surveillance authorities to assess the extent of the problem.

Without prejudging on the merits of the cases mentioned, from this research, it seems at first sight that these accidents are due to defective ‘grey’ replacement batteries, which due to an internal shortcut explode. Should this be the case, they do not meet the strict safety standards, which are applied by the manufacturers of the mobile phones. There are, however, no indications that these accidents have occurred because the phones themselves would be unsafe nor that this is a substantial problem.

Mobile phone manufacturers claim that a ‘grey’ market for batteries of mobile phones has developed, where their brand name is being illegally affixed. In that context, the manufacturer of the phone referred to by the Honourable Member has indicated that it is taking the necessary measures to combat counterfeit and piracy of its products and has intensified its own enforcement efforts.

Careless design, an uncontrolled production process or a combination of both can cause an internal short circuit. Batteries and chargers must therefore be designed and manufactured according to stringent safety and quality measures. These include very strict requirements regarding the materials and insulation used inside the batteries as well as continuous production controls and intensive product testing.

Product safety and compensation for damage caused by defective products are obviously social imperatives which must be met within the internal market.

The Union has responded to this by means of several legislative instruments, namely:

— Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (1) (the ‘Product Liability Directive’);

— Council Directive 92/59/EEC of 29 June 1992 on general product safety (2) (the ‘General Product Safety Directive’), recently amended and recast in Directive 2001/95/EC of the Parliament and of the Council of 3 December 2001 (3);

— Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (the Low Voltage Directive or LVD) (4);

— Council and Parliament Directive 1999/5/EC of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (5) (the R&TTE Directive).

The Product Liability Directive establishes the principle of liability without fault, on the part of the producer for damage to persons or any item of property caused by a defect in his product with certain causes for liability exoneration for manufacturers.

Batteries, which are delivered with the mobile phone, are covered by the R & TTE Directive. Replacement batteries, however, are currently not subject to Community legislation, although the Commission has taken initiatives to also cover them as part of the revision of the LVD. The Commission is currently consulting parties on this revision and intends to table a proposal to Council and the Parliament early 2005. Pending this review, the requirements for replacement batteries are not harmonised in the Community and requirements on manufacturers are governed by the General Product Safety Directive, which obliges manufacturers to ensure that products are safe and provides for mechanisms to rapidly exchange information between Member States on unsafe products.

There are no reasons for the Commission to assume that legislation regarding safety, consumer protection or liability would require to be extended, nor that information to users on this topic needs to be intensified or that additional research is required. Within the framework of existing legislation it is important that effective action against these dangerous batteries is taken so as to protect the consumer and instruments to do so are in place.

In its regular contacts with the national enforcement authorities the Commission will continue to monitor the situation.

(1) OJ L 210, 7.8.1985, as amended by Directive 1999/34/EC of the Parliament and of the Council of 10.5.1999, OJ L 141, 4.6.1999.

(2) OJ L 228, 11.8.1992.

(3) OJ L 11, 15.1.2002. This Directive has to be transposed into national legislation by 15 January 2004.

(4) OJ L 77, 26.3.1973.

(5) OJ L 91, 7.4.1999.