HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 22/6
EN
Official Journal of the European Union
26.1.2011
DECISIONS
COMMISSION DECISION
of 25 January 2011
in application of Article 7 of Council Directive 89/686/EEC as regards a prohibition measure
adopted by the UK authorities in respect of protective clothing for fencers
(notified under document C(2011) 268)
(Text with EEA relevance)
(2011/49/EU)
THE EUROPEAN COMMISSION,
(4)
According to the documents submitted to the European
Commission, this protective clothing for fencing was
subject to a ‘Certificate of Conformity’ dated October
Having regard to the Treaty on the Functioning of the European
2005, certificate No C0508M29HS11 issued by Ente
Union,
Certificazione Macchine (Notified Body number 1282).
Having regard to Council Directive 89/686/EEC of
21 December 1989 on the approximation of the laws of the
Member States relating to personal protective equipment (
(5) The
UK
authorities
indicated
that
their
decision
was

1 ), and
in particular Article 7 thereof,
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
Whereas:
to in Article 5 of the Directive. In particular, the UK
authorities indicated that the protective clothing for
fencers did not have the level of penetration resistance
(1)
Article 7(1) of Directive 89/686/EEC on the approxi
required by standard EN 13567:2002 – Protective clothing
mation of the laws of the Member States relating to
– Hand, arm, chest, abdomen, leg, genital and face protectors
personal protective equipment (PPE) provides that
for fencers – Requirements and test methods. The UK decision
where a Member State ascertains that personal protective
was supported by a test report.
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
(6) On
17
July
2009,
the
Commission
wrote
to
the
importer
the placing on the market or free movement thereof.
inviting him to communicate his observations regarding
the measure taken by the UK authorities. To date, no
reply has been received.
(2)
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
(7) On
17
July
2009,
the
Commission
also
wrote
to Ente
appropriate measures with respect to the equipment
Certificazione Macchine inviting this Body to communicate
concerned, in accordance with their obligations
its observations regarding the measure taken by the UK
pursuant to Article 2(1).
authorities and, in particular, to clarify whether it had
issued the certificate No C0508M29HS11 for the
products in question. To date, no reply has been received.
(3) On
25
August
2008,
the
UK
authorities
notified
the
European Commission a measure prohibiting the
placing on the market of the protective clothing for
fencers, types Jiang 350N Stretch Jacket and Breeches,
(8) The
Commission
recalls
that
protective
clothing
for
manufactured by Wuxi Husheng Sports Goods Plant
fencers must comply with the BHSR set out in Section
DongHu Industrial District, Donghutang, WuXi
3.1.1 of Annex II to Directive 89/686/EEC relating to
214196, China and imported by Liam Patterson
protection against penetrating objects. This requirement
Associates LLP t/a Jiang-UK, 9 Spencer Road, Buxton,
is supported by the specifications of clauses 4.6 to 4.8 of
Derbyshire, United Kingdom.
the relevant harmonised standard EN 13567 and by the
specifications for penetration testing set out in clause
( 1 ) OJ L 399, 30.12.1989, p. 18.
5.10 of the standard.

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EN
26.1.2011 Official
Journal
of
the
European
Union
L
22/7
The Commission also recalls that protective clothing for
(11) In light of the documentation available and the
fencers is subject to the conformity assessment procedure
comments of the parties concerned, the Commission
set out in Article 10 of Directive 89/686/EEC (EC type-
considers that the UK Authorities have demonstrated
examination by a Notified Body). The Commission notes
that the protective clothing for fencers, types Jiang
that Ente Certificazione Macchine is a Notified Body (identi
350N Stretch Jacket and Breeches, fails to comply with
fication number 1282) for Directive 2006/42/EC of the
the applicable BHSR of Directive 89/686/EEC and that
European Parliament and of the Council of 17 May 2006
this non-conformity gives rise to a serious risk for users,
on machinery
( 1 ) and not for the PPE Directive.
Consequently, that Body does not have the right to
HAS ADOPTED THIS DECISION:
carry out the EC type-examination procedure for PPE.
Reference by Ente Certificazione Macchine to the identifi
cation number attributed by the Commission on a
Article 1
‘conformity certificate’ for PPE is therefore misleading.
The prohibition measure taken by the UK authorities against the
protective clothing for fencers, types Jiang 350N Stretch Jacket
(9)
On 8 April 2010, the Commission contacted the Italian
and Breeches, manufactured by Wuxi Husheng Sports Goods
Authorities in order to clarify why Ente Certificazione
Plant, is justified.
Macchine had issued the certificate in question and
requested the Italian Authorities to take the necessary
Article 2
measures to put an end to misuse of the identification
number attributed to Ente Certificazione Macchine by the
This Decision is addressed to the Member States.
Commission.
(10) In
their
reply
on
23
June
2010,
the
Italian
Authorities
Done at Brussels, 25 January 2011.
confirmed that Ente Certificazione Macchine had misused its
identification number and informed the Commission that
For the Commission
the Body had been required to cease issuing such
certificates and to inform the authority of any similar
Antonio TAJANI
certificates issued.
Vice-President
( 1 ) OJ L 157, 9.6.2006, p. 24.

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