Commission Opinion

in application of Article 7 of Council Directive 89/686/EEC as regards a prohibition measure adopted by the UK authorities in respect of protecting clothing for fencers, types Beijing FIE 800N Jacket and Breeches

(Text with EEA relevance)

2009/C 237/01

1. The notification by the UK authorities

Article 7(1) of Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (PPE) provides that where a Member State ascertains that personal protective equipment bearing the CE marking and used in accordance with its intended purpose could compromise the safety of persons, domestic animals or property, it shall take all necessary measures to remove such personal protective equipment from the market and to prohibit the placing on the market or free movement thereof.

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 equipment concerned, in accordance with their obligations under Article 2(1).

On 29 January 2009, the UK authorities notified the European Commission a measure prohibiting the placing on the market of the protecting clothing for fencers, types Beijing FIE 800N Jacket and Breeches, manufactured by Wuxi Husheng Sports Goods Plant, Donghu Industrial District, Donghutang, Wuxi, Jiangsu, China and imported by Liam Patterson Associates LLP T/a Jiang-UK, 9 Spencer Road, Buxton, Derbyshire, United Kingdom. According to the documents submitted to the Commission this protecting clothing for fencers was subject to the following EC type-examination certificates issued by CRITT Sports et Loisirs (0501):

- No 0501/161/1106/090,

- No 0501/162/1106/089.

2. The reasons given for the notified measure

The UK authorities indicated that their decision was based on the fact that the products concerned failed to comply with the basic health and safety requirements (BHSR) referred to in Article 3 of Directive 89/686/EEC due to the incorrect application of the standards referred to in Article 5 of the Directive.

In particular, the UK authorities indicated that the protecting clothing for fencers failed to meet the required penetration resistance set out in EN 13567:2002.

3. The Commission’s Opinion

On 9 March 2009, the Commission wrote to the manufacturer and to the Notified Body that had issued the relevant EC type-examination certificates, inviting them to communicate their observations regarding the measure taken by the UK authorities.

In their reply dated 2 April 2009, CRITT confirmed that the abovementioned certificates had been issued by CRITT in 2006. They explained that, upon receiving the Commissions’ inquiry, they had asked the manufacturer to send back the reference samples and to send new samples in order to carry out further tests.

These tests had revealed that the reference sample tested in 2006 was still in compliance with the requirements of standard EN 13567 and with the Directive, whereas the samples manufactured in 2007 failed to meet the required penetration resistance set out in the standard. In support of this statement, CRITT provided the corresponding test report.

In his reply dated 6 April 2009, the manufacturer expressed his wish to meet the Commission services but did not follow up this request.

In light of the documentation available and the comments of the parties concerned, the Commission considers that the UK Authorities have demonstrated that the protecting clothing for fencers, types Beijing FIE 800N Jacket and Breeches, fails to comply with the applicable BHSR of Directive 89/686/EEC.

Therefore having followed the required procedure, the Commission is of the opinion that the prohibition measure taken by the UK authorities is justified.

Done at Brussels, 30 September 2009.

For the Commission

Günther Verheugen

Vice-President

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