WRITTEN QUESTION E-2611/00

by Jonas Sjöstedt (GUE/NGL) to the Commission

(1 August 2000)

Subject: Non-compliance of CE-marked cyclist's helmets

The newspaper Dagens Nyheter bought eight CE-marked cyclist's helmets and had them tested by the national test and research institute (SP), and half of them failed the SP tests. They all passed the shock absorption tests but four of the helmets went on to fail the subsequent elasticity test. Many of the helmets had no marking or product information in Swedish. The SP is an accredited test laboratory and failed four helmets approved for the CE mark by another accredited test laboratory. How can results vary so much, and how can this problem be resolved?

Answer given by Mr Liikanen on behalf of the Commission

(2 October 2000)

According to the article of 3 July 2000 in the Swedish national daily newspaper Dagens Nyheter (DN), tests on eight cyclist's helmets marketed in Sweden were commissioned from the Swedish notified body SP (Sveriges provnings- och forskningsinstitut) by DN. Four of these CE-marked helmets failed the fastening system resistance test in tests carried out in accordance with the European harmonised standard EN 1078 of 1997 on cyclist's helmets. These results do indeed raise questions as to both the uniformity of the test results and the procedures of the notified bodies concerned.

In the article mentioned, the person responsible for the tests published states that he carried out the shock absorption capacity tests on parts of the helmet that do not feature in the description of this test in standard EN 1078:97. He added that this could explain the four failures in the fastening system resistance test.

The Swedish Consumers' Agency (Konsumentverket) is dealing with this matter. It has contacted the manufacturers concerned and asked them to send it the documents proving the conformity of their helmets. This move will make known the technical references and the test results on the basis of which the accredited testing bodies issued the CE type-approval certificates for the four helmets that failed the SP's fastening system resistance test.

Cyclist's helmets are personal protective equipment (PPE) within the meaning of the new approach Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment(1). The harmonised European standards contained in a new approach directive are not obligatory. They do nevertheless provide a presumption of conformity. This is the case for standard EN 1078 of 1997, adopted by the European Committee for Standardisation (CEN): it is only one of the possible ways of establishing compliance with the relevant essential requirements of the PPE Directive, which are obligatory.

Under Article 7 of Directive 89/686/EEC, it is up to the Swedish authorities to take any appropriate steps regarding equipment that does not conform or is dangerous. Should they deem it necessary, the Swedish authorities can also contest standard EN 1078:97.

Point 1.4 of the basic health and safety requirements listed in Annex II to Directive 89/686/EEC specifies that PPE must be accompanied by information notes in the official language of the Member State of destination. The national authorities are responsible for verifying compliance with this mandatory provision, as they are responsible for monitoring the market.

(1) OJ L 399, 30.12.1989.