WRITTEN QUESTION P-2783/01

by Glyn Ford (PSE) to the Commission

(28 September 2001)

Subject: CE standard mark

Within the EU, companies selling stun-guns are able to promote their products by claiming that they have the European CE standard mark. This is viewed by many firms as a selling point, particularly when selling to countries outside the European Community.

Amnesty International reports that, in an advertisement for a stun-gun it manufactured, a French company claimed that it was covered by a European two-year warranty, and the packaging for the stun-gun displayed the CE standard mark.

What is the Commission's opinion on the European standard mark being used as a marketing tool for weapons of torture?

Does it intend to review the use of this standard mark by companies manufacturing this type of equipment with a view to prohibiting such use?

Answer given by Mr Liikanen on behalf of the Commission

(31 October 2001)

The CE conformity marking was introduced into Community legislation by Council Decision 93/465/EEC of 22 July 1993(1) concerning the modules for the various phases of the conformity assessment procedures and the rules for affixing the CE conformity marking, which are intended to be sued in the technical harmonisation directives and by Council Directive 93/68/EEC of 22 July 1993(2). The latter introduced the CE marking into a number of sectoral technical harmonisation directives.

The CE conformity marking must be affixed to any product falling within the scope of a technical harmonisation directive providing for it. It signifies that the product complies with the legally binding requirements of the applicable technical harmonisation directive(s). The manufacturer is responsible for affixing the CE conformity marking, although the directives often require the intervention of a third-party conformity assessment body. Member States are responsible for the designation of such bodies in accordance with the applicable provisions of the directives.

A number of services in the Commission are responsible for technical harmonisation directives providing for the CE conformity marking, although most fall under the responsibility of DG Enterprise. However, the Commission does not intervene directly in the process of evaluating the conformity of products nor in the award of the CE conformity marking.

All manufacturers of stun weapons falling within the scope of a technical harmonisation directives providing for the CE conformity marking must affix this marking to the relevant products. The Commission does not have information about the number of manufacturers involved.

In an earlier reply to Written Question No E-3259/97 by Mrs Wemheuser, the Commission noted that a wide variety of equipment could potentially be used for purposes of torture. Moreover, it is not always possible to determine in advance to what use equipment will be put. The Commission is therefore of the opinion that it is not feasible to apply a differential treatment, in the context of these directives, to equipment that could potentially be used as an instrument of torture.

Nevertheless, and in order to take in account the concerns of the Honourable Member of the Parliament, the Commission is currently preparing a proposal for a Council Regulation concerning trade in equipment which may be used for torture or for cruel, inhuman or degrading treatment or punishment. The aim of this Regulation is among other to prohibit to export, sell, deliver or ship equipment which, although not specifically designed for a purpose of torture may be used for such purpose to any person, entity of body in a third country. Also the import and purchase of such equipment from third countries will be prohibited. The Annex to this Regulation lists the equipment to which this prohibition applies. It includes stun guns.

(1) OJ L 220, 30.8.1993.

(2) OJ L 220, 30.8.1993.