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 angle grinder bearing the trademark REDLINE MD-2007-137 (Text with EEA relevance)
Date: 2008-11-27
Institutions: European Commission
Subjects: defective product, joinery, market approval, occupational safety, product safety, safety standard

4.12.2008

EN

Official Journal of the European Union

C 309/1

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 angle grinder
bearing the trademark REDLINE MD-2007-137

(Text with EEA relevance)

(2008/C 309/01)

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 angle grinder bearing the trademark
REDLINE of the type RL/AG0912-900. The machine was manufactured by Zhejiang Jinhua Max-power
Tools Co., Ltd, Western Binhong Road, Jinhua Industrial Area, Zhejiang, China, and distributed by Baumann
Hungary Kft., H-1162 Budapest, János utca 118.

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

— Certificate No JSH0408078, dated 12 August 2004, and Certificate No 431934, dated 1 July 2005,
issued to Zhejiang Jinhua Max-power Tools Co., Ltd, attesting the conformity with the Machinery and
LVD Directives of an angle grinder type S1M-MP2-125, issued by Intertek ETL SEMKO, Building No 86,
1198 Qinzhou Road, Shanghai 200233, China,

— Certificate No 02SHS1067-04, dated 22 November 2005,

Nikolaus-Otto Strasse 13, D-70771 Leinfelden-Echterdingen,
S1M-MP2-125, granting the ‘GS’ mark,

issued by Intertek Deutschland GmbH,
the same type of angle grinder

for

— a declaration by Zhejiang Jinhua Max-power Tools Co., Ltd, dated 12 July 2006; stating that the angle
grinder type S1M-MP2-125 subject to certificate 02SHS1067-04 is equivalent to the angle grinder type
RL/AG0912-900,

— an EC Declaration of Conformity drawn up by Baumann Hungary Kft., dated 11 December 2006,
type

type S1M-MP2-125 is equivalent

to the angle grinder

also stating that
RL/AG0912-900 subject to the Hungarian measure.

the angle grinder

C 309/2

EN

Official Journal of the European Union

4.12.2008

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 States so that they can take all appropriate measures with respect to the machinery
concerned, in accordance with their obligations under Article 2(1).

2. The reasons given by the Hungarian authorities

The measure taken by the Hungarian authorities was founded on the failure of the angle grinder 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 standards EN 50144-1:1998 Safety of hand-held electric
motor operated tools — Part 1: General requirements and EN 50144-2-3:2002 — Safety of hand-held electric motor
operated tools — Part 2-3: Particular requirements for grinders, disk type sanders and polishers, which are referred
to in the manufacturer's EC Declaration of Conformity).

1.2.4. Stopping device

When operating, the switch got stuck before reaching the locked position, therefore the locking
mechanism did not release by slight pressure.

1.5.1. Electricity supply

During the mechanical strength test, the plastic insert became detached from the angle grinder and
thus live parts became accessible.

1.5.6. Fire

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

1.7.3. Marking

The name and address of the manufacturer were not indicated nor was the year of manufacture. The
warnings or the relevant symbols were also missing.

1.7.4. Instructions

The instructions for use did not contain several instructions required for the safe operation of the
machinery such as electricity safety rules, the parameters related to noise emission and vibration etc.

The instruction for use provided in English differed from those provided in Hungarian.

3. The Commission's opinion

On 15 November 2007, the Commission wrote to Baumann Hungary Kft. inviting him to communicate his
observations regarding the measure taken by the Hungarian authorities.

On 15 November 2007, the Commission also wrote to Intertek ETL SEMKO, Shanghai, and to Intertek
Deutschland GmbH that had issued conformity certificates for an angle grinder type S1M-MP2-125 that was
claimed to be equivalent to the angle grinder type RL/AG0912-900 subject to the Hungarian measure.

To date, no response has been received.

In light of the documentation available, the Commission considers that 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