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 STRAUS AUSTRIA MD-2007-141 (Text with EEA relevance)
Date: 2008-11-27
Institutions: European Commission
Subjects: Hungary, application of EU law, joinery, product safety, quality label, technical regulations

29.11.2008

EN

Official Journal of the European Union

C 306/1

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 STRAUS AUSTRIA MD-2007-141

(Text with EEA relevance)

(2008/C 306/01)

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.

trademark STRAUS AUSTRIA, of

On 4 September 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
bearing the
type
ST/PL 821-902. The manufacturer of the machinery is Jiangsu
Jinding Electric Tools Group Co. Ltd, Huangli Town, Changzhou,
Jiangsu, 213151, China and the machinery was distributed by
Superline Hungary Kft., H-1162 Budapest, Csömöri út 269 and
by Dimension Europe Kft., H-1173 Budapest, Újlak u. 21. 5.
em. 50.

the

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

— Certificate No AM50046679 0001 dated 29 July 2004 and
Certificate No S 50045577 dated 29 July 2004 issued by
TÜV Rheinland Product Safety GmbH, Am Grauen Stein,
D-51105 Cologne, for an electric planer type DB-82X2A
granting the ‘GS’ mark for the electric planer,

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

30 August 2006 stating that
DB-82X2A is
ST/PL 821-902 subject to the Hungarian measure,

the electric planer
electric planer

equivalent

to the

— an EC Declaration of Conformity drawn up by Superline
Hungary Kft. dated 5 July 2006 referring to Certificate
No S 50045677.

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
to comply with the
on the failure of
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’, which are referred to in the manufacturer's EC Declara-
tion of Conformity).

C 306/2

EN

Official Journal of the European Union

29.11.2008

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 the thermal
emitted smoke and flame then stopped.

test

the machinery caught

fire,

1.7.3. Marking

The identification mark, the name and address of the
manufacturer and, the year of manufacture were not indi-
cated on the planer.

1.7.4. Instructions

The instructions did not contain the name and address of
the manufacturer nor several
instructions required for
the safe operation of the machinery, such as electricity
safety rules, etc.

3. The commission's opinion

On 15 November 2007,
the Commission wrote to Jiangsu
Jinding Electric Tools Group Co., Superline Hungary Kft. who
signed the EC Declaration of Conformity, and Dimension
Europe Kft., inviting them to communicate their observations
regarding the measure taken by the Hungarian authorities.

the Commission also wrote to
On 15 November 2007,
TÜV Rheinland, Cologne, that had issued a conformity certifi-
type
cate No AM 50046679 0001 for an electric planer
DB-82X2A which was claimed to be equivalent
to electric
planer type ST/PL 821-902 subject to the Hungarian measure.

On 3 December 2007, TÜV Rheinland replied confirming that
they had issued a conformity certificate for the electric planer
type DB-82X2A and stating that the certificate was only valid
until March 2007. They could not confirm that the electric
planer type ST/PL 821-902 was equivalent to the electric planer
type DB-82X2A and stated they had not tested or certified the
type ST/PL 821-902.

On 6 December 2007, Jiangsu Jinding Electric Tools Group Co.
replied stating that their electric planer and the planer subject to
the Hungarian measure were not identical and the that the
planer subject to the Hungarian measure was not manufactured
by them. They stated that they were considering legal action
against those misusing their name.

the Commission considers that

In light of the documentation available and the comments of
the parties concerned,
the
Hungarian authorities have demonstrated that the machinery
subject
to the restrictive measure fails to comply with the
essential 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.

Done at Brussels, 27 November 2008.

For the Commission

Günter VERHEUGEN

Vice-President