20.8.2013

EN

Official Journal of the European Union

L 222/12

(1)

Article 2(1) of Directive 94/9/EC states that Member States shall take all appropriate measures to ensure that the equipment, protective systems and devices to which the Directive applies, may be placed on the market and put into service only if, when properly installed and maintained and used for their intended purpose, they do not endanger the health and safety of persons and, where appropriate, domestic animals or property.

(2)

Article 7(1) of Directive 94/9/EC provides that when a Member State ascertains that equipment, protective systems or devices bearing the CE conformity marking and used in accordance with its intended use are liable to endanger the safety of persons and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such equipment or protective systems 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.

(3)

On 2 October 2012, the authorities of Sweden formally notified to the European Commission a prohibition measure, taken on 19 September 2012, concerning the placing on the market of a fluorescent lamp, mark and type ‘楪W 80 455‘� manufactured by Gewiss SpA, via A. Volta 1, 24069 Cenate Sotto (Bergamo), Italy.

(4)

The Swedish authorities indicated that their measure was based on the non-conformity of the product with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions), related to the incorrect application or shortcomings of the harmonised standard EN 60079-0:2006 ‘�Electrical apparatus for explosive gas atmospheres ‘�Part 0: General requirements (IEC 60079-0:2004, modified), which is referred in the manufacturer‘檚 EC Declaration of Conformity.

(5)

The Swedish authorities submitted the test report on examination of explosion protection lamp, dated 3 April 2012. According to the Swedish authorities, the list of deviations includes:

(6)

On 6 November 2012, the Commission wrote to the manufacturer, Gewiss SpA, inviting them to communicate their observations regarding the measure taken by the Swedish authorities.

(7)

On 11 January 2013, Gewiss SpA replied, providing specific answers and technical analysis for each one of the deviations pointed out by the Swedish authorities:

(8)

In its reply, the manufacturer underlined that accompanying instructions and marking of the product have been improved and modified according to the most recent versions of the applicable harmonised standards (2009, 2010 and 2012). In fact, the product based on the 2006 version of the harmonised standard EN 60079-0 is no longer available on the EU market. Copies of the new markings, instructions and Declaration of Conformity of the product are provided in the reply; in particular, accompanying instructions are available now also in Swedish.

(9)

The Swedish authorities produced no further documentation after the reply of the manufacturer.

(10)

In light of the documentation available, and the comments of the parties concerned, the Commission considers that the fluorescent lamp, mark and type ‘楪W 80 455‘� in its configuration as analysed by the Swedish authorities making reference to the harmonised standard EN 60079-0:2006, failed to comply with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions). These non-conformities and the related technical deficiencies gave rise to serious risks for users because they refer to essential health and safety requirements, established in Annex II to Directive 94/9/EC, which had not been fulfilled by the product, taking into consideration that: