WRITTEN QUESTION No. 1062/98 by Glyn FORD to the Commission. Use and sale of laser pens/pointers
Date: 1998-04-06
Institutions: European Parliament, FORD
Subjects: apparatus based on the use of rays, consumer protection, marketing restriction, product safety, public health, technical standard

C 402/66

Official Journal of the European Communities

EN

22.12.98

(98/C 402/080)

WRITTEN QUESTION E-1062/98

by Glyn Ford (PSE) to the Commission

(6 April 1998)

Subject: Use and sale of laser pens/pointers

Will the Commission consider the use of legislation to clamp down on the use of laser pens/pointers? Are there
any regulations to prohibit the sale of class 3 and class 4 laser products as defined by BSEN 60825-1 1994?

Answer given by Mrs Bonino on behalf of the Commission

(25 May 1998)

Directive 92/59/EEC (1) on general product safety applies to laser pens and pointers. No specific Community
legislation is envisaged at the present time. The Directive requires Member States to adopt the necessary
measures to ensure that only safe products are placed on the Community market (Article 2,b). It is therefore the
responsibility, in the first instance, of the Member States to take action with regard to products which constitute a
consumer health and safety hazard, by adopting the necessary measures, including withdrawal of the product
from the market if appropriate.

Through the information system described in Article 8 of Directive 92/59/EEC, the Commission has recently
received five urgent notifications relating to measures adopted with regard to laser pens or pointers. In
accordance with the procedure laid down, the Commission has quickly distributed this information to the
authorities responsible for consumer health and safety in the Member States, to enable them in turn to take the
necessary steps. The Directive in fact allows the Commission to take action against products which constitute a
serious and immediate risk only if requested to do so by the Member States, and only in accordance with the
various conditions laid down in Articles 9 to 11 of the Directive.

Regarding the products defined by BSEN 60825-1, the Member States which have submitted notifications to the
Commission have taken action at national level which varies in scope. For example, France has issued a decree
suspending the manufacture, import and marketing and calling for the withdrawal of laser pointers in class
3 upwards, and Germany has adopted similar measures. Other Member States are currently considering what
action to take and have not yet informed the Commission of their intentions.

As this is a recent problem, the Commission will closely monitor future developments, in particular the measures
taken by the Member States under the Directive on general product safety, in order to ensure that a high level of
protection in respect of these products is provided throughout the Community.

(1) OJ L 228, 11.8.1992.

(98/C 402/081)

WRITTEN QUESTION E-1066/98

by Glyn Ford (PSE) to the Commission

(6 April 1998)

Subject: Directive 96/29 › Euratom

In the light of concerns from constituents, what advice was obtained as to the increased dangers posed from a
relaxation of the limits on nuclear contaminated waste? Which agency was responsible for giving such advice?