30.5.2022
EN
Official Journal of the European Union
L 147/47
(6)
Type approval certificate number 602/5/2018 did not indicate helium among the gases the cylinder’s valve had been approved for.
Therefore, the cylinder should not have been filled with helium.
(7)
The marking affixed on the cylinder by the manufacturer did not comply with Article 15 of Directive 2010/35/EU concerning the physical shape of the Greek letter Pi symbol.
Nor did it comply with either the requirements in subsection 6.2.2.8 of Section I.1 to Annex I to Directive 2008/68/EC or with paragraph 12.2.2 of the EN ISO 11118:2015 standard regarding the height of the Pi symbol and of the wording ‘DO NOT REFILL’.
In addition, the marking did not comply with the requirements in paragraphs 6.2.2.7.2 to 6.2.2.7.4 of Section I.1 of Annex I to Directive 2008/68/EC, or with the EN ISO 11118:2015 standard regarding the information to be displayed.
Namely, the working pressure indication was missing, and the reference standard and the number of the notified body were wrongly indicated.
The dimensions of the label for ‘non-flammable, non-toxic gases’ were also smaller than those set out in paragraph 5.2.2.2.1.1.2 of Section I.1 of Annex I to Directive 2008/68/EC.
(8)
The marking on the packaging also presented non-conformities, namely a CE marking, which is not authorised by Directive 2010/35/EU, and a wrong number of the notified body.
(9)
The tested cylinder had a crack at the bottom of the neck, in the brazing weld.
A crystal deposit indicated that a leak had occurred.
(10)
The French Market Surveillance Authority informed the importer and distributor regarding the non-conformities observed during the investigation.
However, no appropriate answer was provided by those economic operators.
(11)
On 31 October 2019, a new certificate of approval was issued by the notified body Technická inšpekcia (Slovakia).
(12)
In accordance with Article 30(4) of Directive 2010/35/EU, the French Market Surveillance Authority provisionally withdrew from the market the cylinders manufactured before 31 October 2019 and notified the measure to the Commission and to the Member States.
The decision was published on 3 January 2020.
(13)
On 23 January 2020, the Swedish Civil Contingencies Agency objected to one of the findings of the test report drawn up by the French Market Surveillance Authority.
The objection triggered the application of Article 31(1) of Directive 2010/35/EU, according to which the Commission has to adopt a decision, after consulting the Member States and the relevant economic operators.
(14)
On 15 April 2021, the Commission invited the Member States, the manufacturer and the importers to provide their views on the case, in particular regarding the appropriateness of the measure adopted by the French Market Surveillance Authority and the risk posed by the product.
(15)
On 10 June 2021, the case was presented by the Commission to the Administrative Cooperation Group of the Market Surveillance Authorities, established in accordance with Article 28(b) of Directive 2010/35/EU.
On 14 June 2021, the Commission presented the case to the Expert Group on Transport of Dangerous Goods, established in accordance with Article 8a(4) of Directive 2008/68/EC.
(16)
Six Member States and no economic operator submitted contributions in the consultation process.
The opinions forwarded to the Commission confirmed that the product presents non-conformities regarding the packaging, documentation, marking and labelling, the initial inspection and test, and the supervision of the manufacture.
In addition, the cylinder posed a clear risk for the safety of the users.
No Member State considered that the measure adopted by the French Market Surveillance Authority not to be justified.
(17)
Examination of the evidence provided by the French Market Surveillance Authority confirms that the abovementioned helium cylinders fail to comply with the requirements set out in Directive 2008/68/EC and in Directive 2010/35/EU.
These helium cylinders therefore present a clear risk for the safety of the users and should be withdrawn from the market.