WRITTEN QUESTION P-3145/03 by W.G. van Velzen (PPE-DE) to the Commission. Batteries in exploding mobile phones.
Date: 2003-10-20
Institutions: European Parliament, Provisional data
Subjects: consumer protection, defective product, electricity storage device, mobile phone, producer's liability, product safety

C 78 E/474

Official Journal of the European Union

EN

27.3.2004

2001 session (6); P-1610/03 by Mr Colom i Naval (7); E-1499/03 by Mr Mendiluce Pereiro (8); P-1171/03 by
Mr Davies (9); P-0689/03 by Mrs Gonzalez Alvarez (10); P-0653/03 by Mr Mayol i Raynal (10); P-0638/03 de
Mr Mendiluce Pereiro (10), E-0510/03 de Mr Colom I Naval (11), E-0509/03 de Mr Colom I Naval (12),
E-2819/02 de Mr Davies (13), E-2708/02 de Mr Davies (13), E-1334/02 de Mrs Sornosa Martinez (14), E-
0997/02 de Mr de Roo (14), E-0638/02 de Mr Mayol I Raynal (14), E-3205/01 de Mr de Roo (15), P-2918/01
de Mr Pittella (16), E-2614/01 de Mrs Sornosa Martinez (16), E-2568/01 de Mr Corbett (17), E-2288/01 de
Mr de Roo (17), P-1231/01 de Mrs Sornosa Martinez (18), E-811/01 by Mrs Sornosa Martinez (19), E-0645/01
by Mr de Roo (19), E-0004/01 by Mr de Roo (20) and E-0003/01 by Mr de Roo (21).

The Commission will analyse carefully any request submitted by the Spanish authorities for financing of
projects included in the Spanish National Hydrological Plan and the approval of such projects will be
subject to their strict compliance with all applicable Community legislation and policies, including those
relating to the environment.

(1) Oral reply, 8.4.2003.
(2) Written reply, 17.12.2002.
(3) Written reply, 22.10.2002.
(4) Written reply, 11.6.2002.
(5) Written reply, 11.12.2001.
(6) Written reply, 3.7.2001.
(7) OJ C 70 E, 20.3.2004, p. 52.
(8) OJ C 280 E, 21.11.2003, p. 157.
(9) OJ C 11 E, 15.1.2004, p. 162.
(10) OJ C 242 E, 9.10.2003, p. 160.
(11) OJ C 242 E, 9.10.2003, p. 141.
(12) OJ C 242 E, 9.10.2003, p. 140.
(13) OJ C 92 E, 17.4.2003.
(14) OJ C 277 E, 14.11.2002.
(15) OJ C 147 E, 20.6.2002.
(16) OJ C 134 E, 6.6.2002.
(17) OJ C 93 E, 18.4.2002.
(18) OJ C 318 E, 13.11.2001.
(19) OJ C 340 E, 4.12.2001.
(20) OJ C 235 E, 21.8.2001.
(21) OJ C 261 E, 18.9.2001.

(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

Is the Commission aware of incidents in which the batteries of mobile phones being used by

1.
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?

Is the Commission intending to carry out an investigation into the cause of these explosions,

3.
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:

(cid:1) better consumer protection;

(cid:1) better information and warnings from the authorities and from manufacturers;

(cid:1) more research into battery safety;

(cid:1) better safety provisions and standardisation;

(cid:1) action to counter piracy and counterfeiting?

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Official Journal of the European Union

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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,
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.

they do not meet

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:

(cid:1) 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’);

(cid:1) 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);

(cid:1) 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);

(cid:1) Council and Parliament Directive 1999/5/EC of 9 March 1999 on radio equipment and tele-
communications 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.

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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.

(2004/C 78 E/0499)

WRITTEN QUESTION P-3152/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(20 October 2003)

Subject: Exploding Nokia telephones

Recently, over a short space of time, a number of mobile phones manufactured by the Finnish Nokia
company have exploded. Nokia claims that these incidents result from the use of cheap (lithium) batteries
not supplied by Nokia.

The telephone and batteries belonging to an inhabitant of Hengelo, who recently suffered an injury when
his mobile phone exploded, are currently being investigated by the Netherlands Consumer Association.
It claims that the young man from Hengelo was using original batteries. Nokia is aware of the incident but
has not yet been able to investigate it. However, it maintains that, from the information currently available,
it may be deduced that, once again, a counterfeit battery was the cause of the explosion.

In connection with the foregoing, Nokia advises consumers to use only original Nokia batteries. Nokia
declines any liability for the explosions and claims that the Nokia warranty becomes invalid if batteries
other than original batteries are used.

1.

Is the Commission aware of various incidents involving exploding Nokia telephones?

Does the Commission take the view that the damage caused thereby is covered by Nokia’s product

2.
liability?

Does the Commission take the view that this is a case of customers being obliged to purchase a

3.
particular product?

If so, does the Commission take the view that an obligation of this nature is bad for competition and

4.
that it may be in breach of competition legislation?

Answer given by Mr Liikanen on behalf of the Commission

(17 November 2003)

The attention of the Honourable Member is first of all drawn to the Commission’s answer to written
question P-3145/03 (1) by Mr Van Velzen which provided information about Community legislation and its
application to mobile phones and batteries.

The Commission is still waiting for detailed reports from the Member States’ enforcement authorities, but
as far as it is aware the incidents are due to short circuits in faulty batteries, which were not sold by the
mobile phone manufacturer in question. He, therefore, could not be held liable for the damages caused if
such batteries explode.