2006/732/EC: Commission Decision of 27 October 2006 not to publish the reference of standard EN 13683:2003 Garden equipment — Integrally powered shredders/chippers — Safety in accordance with Directive 98/37/EC of the European Parliament and of the Council (notified under document number C(2006) 5060)   (Text with EEA relevance)
Date: 2006-10-27
Institutions: European Commission
Subjects: European standard, kitchen garden, machinery, product safety, safety standard, technical standard, tool industry

28.10.2006

EN

Official Journal of the European Union

L 299/29

COMMISSION DECISION

of 27 October 2006
not to publish the reference of standard EN 13683:2003 ‘Garden equipment — Integrally powered
shredders/chippers — Safety’ in accordance with Directive 98/37/EC of the European Parliament
and of the Council

(notified under document number C(2006) 5060)

(Text with EEA relevance)

(2006/732/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

regard to Directive 98/37/EC of

the European
Having
Parliament and of the Council of 22 June 1998 on the appro-
ximation of
relating to
machinery (1), and in particular Article 6(1) thereof,

the Member States

the laws of

Having regard to the opinion of the Standing Committee esta-
blished by Article 5 of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down
a procedure for the provision of information in the field of
technical standards and regulations and of rules on Information
Society services (2),

Whereas:

(1) Where a national standard transposing a harmonised
standard, the reference of which has been published in
the Official Journal of the European Union, covers one or
more essential health and safety requirements set out in
Annex I to Directive 98/37/EC, the machine built in
accordance with this standard is presumed to meet the
essential requirements concerned.

(2)

(3)

Pursuant to Article 6(1) of Directive 98/37/EC, Germany
lodged a formal objection in respect of standard EN
13683:2003, adopted by the European Committee for
Standardisation (CEN) on 8 September 2003,
the
reference of which has not yet been published in the
Official Journal of the European Union.

standard

examined

the
Having
Commission has
to meet
established that
essential health and safety requirements 1.1.2.(c) (prin-
ciples of safety integration), 1.3.8 (choice of protection

EN 13683:2003,

fails

it

against risks related to moving parts) and 1.4.1 (general
requirements for guards and protection devices) of Annex
I to Directive 98/37/EC. First, the specifications set out in
clauses 5.2.1.1 and 5.2.1.2 of the standard on preventing
access to the cutting blade from the feed side and from
above are not sufficient to avoid contact with the blade.
the
is possible to remove jammed cuttings whilst
It
appliance is running and for the hand to come into
contact with the cutting blade in doing so. Second, the
specifications set out in clause 5.2.2 of the standard on
preventing access to the cutting blade from the discharge
chute from below are not sufficient. The dimensions of
the discharge chute are such that an adult hand could
come into contact with the cutting blade.

(4)

standard EN 13683:2003 should
The references of
therefore not be published in the Official Journal of the
European Union,

HAS ADOPTED THIS DECISION:

Article 1

The references of standard EN 13683:2003 ‘Garden equipment
— Integrally powered shredders/chippers — Safety’ shall not be
published in the Official Journal of the European Union.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 October 2006.

For the Commission

Günter VERHEUGEN
Vice-President

(1) OJ L 207, 23.7.1998, p. 1. Directive as amended by Directive

98/79/EC (OJ L 331, 7.12.1998, p. 1).

(2) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.