Commission opinion of 27 November 2008 in application of Article 7 of Directive 98/37/EC of the European Parliament and of the Council as regards a prohibition measure adopted by the Hungarian authorities in respect of an electric planer bearing the trademark BRISTOOL ENGLAND MD-2007-136 (Text with EEA relevance)
Date: 2008-11-27
Institutions: European Commission
Subjects: Hungary, joinery, market approval, occupational safety, product safety, safety standard

2.12.2008

EN

Official Journal of the European Union

C 307/1

I

(Resolutions, recommendations and opinions)

OPINIONS

COMMISSION

COMMISSION OPINION

of 27 November 2008

in application of Article 7 of Directive 98/37/EC of the European Parliament and of the Council as
regards a prohibition measure adopted by the Hungarian authorities in respect of an electric planer
bearing the trademark BRISTOOL ENGLAND MD-2007-136

(Text with EEA relevance)

(2008/C 307/01)

1. The notification by the Hungarian authorities

Article 2(1) of Directive 98/37/EC on the approximation of the
laws of the Member States relating to machinery states that
Member States shall take all appropriate measures to ensure that
machinery covered by the Directive may be placed on the
market and put into service only if it does not endanger the
health and safety of persons and, where appropriate, domestic
animals or property, when properly installed and maintained
and used for its intended purpose.

Article 7(1) of the Directive provides that where a Member State
ascertains that machinery bearing the EC marking used in
accordance with its intended purpose is liable to endanger the
safety of persons, and, where appropriate, domestic animals or
property, it shall take all appropriate measures to withdraw such
machinery from the market, to prohibit the placing on the
market, putting into service or use thereof, or to restrict free
movement thereof. The Member State shall immediately inform
the Commission of any such measure, indicating the reason for
its decision.

On 23 July 2007, the Hungarian authorities notified to the
European Commission a prohibition measure concerning the
placing on the market of a hand-held portable electric planer
the type
bearing the trademark BRISTOOL ENGLAND, of
BT/PL 822-902. The manufacturer of the machinery is Jiangsu
Jinding Electric Tools Group Co. Ltd, Huangli Town Changzhou,
Jiangsu 213151 China, and the machinery is distributed by
TESCO-GLOBAL Inc., H-2040 Budaörs, Kinizsi út 1-3.

The file transmitted to the European Commission included the
following documents:

— Certificate No AM50046679 0001 dated 29 July 2004
issued by TÜV Rheinland Product Safety GmbH, Am Grauen
Stein, D-51105, Cologne,
type
DB-82X2B,

for an electric planer

— a declaration by Jiangsu Jinding Electric Tools, China dated
type

the electric planer

16 February 2006 stating that
DB-82X2B is equivalent to item 3036,

— a declaration by Bristool Trade Cooperation, Fernley,
stating that
type

Nevada, USA, dated 15 December 2006,
item 3036 is
equivalent
BT/PL 822-902 subject to the Hungarian measure.

electric planer

to the

Pursuant to Article 7(2) of the Directive, the Commission is
required, after consulting the parties concerned,
to declare
whether it finds such a measure justified or not. If the measure
is found justified, the Commission shall
inform the Member
they can take all appropriate measures with
States so that
respect to the machinery concerned, in accordance with their
obligations under Article 2(1).

2. The reasons given by the Hungarian authorities

the electric planer

The measure taken by the Hungarian authorities was founded
on the failure of
to comply with the
following essential health and safety requirements of Annex I to
Directive 98/37/EC (with reference to the specifications of the
harmonised European standard EN 60745-1:2003 Hand-held
motor-operated electric tools — Safety — Part 1: General requirements
and EN 60745-2-14 Hand-held motor-operated electric tools —
Safety — Part 2-14: Particular requirements for planers).

C 307/2

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Official Journal of the European Union

2.12.2008

1.2.2. Control devices

The technical elements to avoid contacts with rotating
parts were not supplied with the machinery, nor was the
protection against accidental operation. Furthermore, the
switch could be locked on when the machinery was oper-
ating.

1.5.1. Electricity supply

Insufficient electric strength of
reinforced insulation:
flashover occurred between the accessible metal parts
and live parts at a voltage level below the prescribed
threshold, thus posing the risk of electric shock.

1.5.6. Fire

During testing, the machinery caught fire, emitted smoke
and flame then stopped.

1.7.3. Marking

The name and address of the manufacturer were not
indicated on the machinery and the year of manufacture
was also missing.

1.7.4. Instructions

The instructions for use did not contain certain informa-
tion required for the safe operation of the machinery.

On 15 November 2007, the Commission also wrote to TÜV
Rheinland, Cologne who had issued a conformity certificate for
an electric planer type DB-82X2B that was claimed to be
equivalent to the electric planer type BT/PL 822-902 subject to
the Hungarian measure.

On 3 December 2007, TÜV Rheinland confirmed that they had
issued the certificate for the electric planer type DB-82X2B and
stated that the certificate was only valid until March 2007. They
could not confirm that
the electric planer type BRISTOOL
ENGLAND BT/PL 822-902 was equivalent to the electric planer
type DB-82X2B and stated that they had not tested or certified
the type BT/PL 822-902.

On 11 December 2007, TESCO GLOBAL Inc. replied that they
did not contest the measure taken by the Hungarian authorities
and had destroyed the stock of the electric planers in question.

concerned,

the Commission considers

In light of the documentation available and the comments of
the parties
that
Hungarian authorities have demonstrated that the machinery
subject to the restrictive measure fails to comply with the essen-
tial health and safety requirements referred to above. These
non-conformities give rise to serious risks for persons using the
machinery in question.

Consequently, having followed the required procedure,
the
Commission is of the opinion that the measure taken by the
Hungarian authorities is justified.

3. The Commission's opinion

Done at Brussels, 27 November 2008.

2007,

15 November

On
to
TESCO-GLOBAL Inc. who signed the EC Declaration of Confor-
mity, inviting him to communicate his observations regarding
the measure taken by the Hungarian authorities.

the Commission wrote

For the Commission

Günter VERHEUGEN

Vice-President