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21.1.2012 Official
Journal
of
the
European
Union
L
18/5
DECISIONS
COMMISSION DECISION
of 19 January 2012
requiring Member States to prohibit the placing on the market of flail-type cutting attachments for
portable hand-held brush cutters
(notified under document C(2011) 9772)
(Text with EEA relevance)
(2012/32/EU)
THE EUROPEAN COMMISSION,
two chains linked to a metal disc. During use of a brush
cutter fitted with such a cutting attachment, a link of the
chain had been ejected and had fatally injured a
bystander. The United Kingdom had taken measures to
Having regard to the Treaty on the Functioning of the European
ensure the withdrawal from the market and from service
Union,
of the cutting attachments concerned. At the meeting of
the Machinery Committee held on 2 June 2010, the
United Kingdom requested the Commission to examine
the need for the adoption of a measure requiring
Having regard to Directive 2006/42/EC of the European
Member States to prohibit the placing on the market
Parliament and of the Council of 17 May 2006 on machinery,
of cutting attachments having similar technical character
and amending Directive 95/16/EC ( 1 ), and in particular Article 9
istics.
thereof,
Whereas:
(4) Flail-type
cutting
attachments
for
brush
cutters
placed
on
the market separately in order to be assembled with a
brush cutter by the operator, not covered by the risk
assessment, the EC declaration of conformity and the
(1) Grass
trimmers
and
brush
cutters
are
portable
hand-held
instructions of a brush cutter manufacturer, are inter
gardening and forestry machines used for cutting grass,
changeable equipment according to the definition set
weeds, brush, small trees and similar vegetation. A
out in point (b) of Article 2 of Directive 2006/42/EC.
complete grass trimmer or brush cutter unit includes a
power head, a power transmission shaft, a cutting
attachment and a guard. Many combustion engine
driven machines are dual purpose machines that can be
used for cutting grass and weeds or for cutting brush and
(5) Section
1.3.2
of
Annex
I
to
Directive
2006/42/EC
on
the
risk of break-up during operation requires the various
small trees, depending on the cutting attachment fitted.
parts of machinery and their linkages to be able to
withstand the stresses to which they are subject when
used. Where a risk of rupture or disintegration remains
despite the measures taken, the parts concerned must be
(2) In
September
2008,
the
Swedish
authorities
informed
the
other authorities of Member States and the Commission
mounted, positioned and/or guarded in such a way that
that several flail-type cutting attachments for brush
any fragments will be contained, preventing hazardous
cutters, consisting of two or more metal parts such as
situations. Section 1.3.3 of Annex I to that Directive on
chains, knives or brushes linked to a rotating head, were
risks due to falling or ejected objects requires precautions
being placed on the market by manufacturers other than
to be taken to prevent risks from falling or ejected
the original brush cutter manufacturers. The Swedish
objects.
authorities considered that such flail-type cutting
attachments were dangerous.
(6) The
harmonised
standard
for
portable
hand-held
combustion engine driven brush cutters, EN ISO
(3) In
May
2010,
the
authorities
of
the
United
Kingdom
11806:2008, includes technical specifications and tests
informed the other authorities of Member States and
to ensure the adequate strength of cutting attachments
the Commission of a fatal accident involving a flail-
and to reduce risks due to thrown objects. The standard
type cutting attachment for a brush cutter consisting of
does not foresee cutting attachments consisting of more
than one metal part. While application of the harmonised
( 1 ) OJ L 157, 9.6.2006, p. 24.
standard is voluntary, the standard indicates the state of

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L 18/6
EN
Official Journal of the European Union
21.1.2012
the art to be taken into account when applying the
(10) The
measures provided for in this Decision are in
essential health and safety requirements of Directive
accordance with the opinion of the Committee estab
2006/42/EC, according to the general principles set out
lished by Article 22 of Directive 2006/42/EC,
in the introduction to Annex I to Directive 2006/42/EC.
(7) The
use
of
flail-type
cutting
attachments
with
linked HAS ADOPTED THIS DECISION:
metal parts gives rise to significantly higher residual
risks of break-up during operation and of ejection of
objects than single part metal blades. The metal parts
Article 1
of flail-type cutting attachments and their linkages are
subject to repeated high mechanical stresses when they
Member States shall prohibit the placing on the market of flail-
come into contact with stones, rocks and other obstacles
type cutting attachments consisting of several linked metal parts
and are liable to break-up and be ejected at high speed.
for portable hand-held brush cutters.
They are also liable to eject stones with higher energy
than single part metal blades. The guards fitted to
portable hand-held brush cutters cannot provide
Article 2
adequate protection against the higher risks created by
flail-type cutting attachments with linked metal parts.
Member States shall take the necessary measures to comply
Consequently, taking account of the state of the art,
with this Decision by 30 April 2012 at the latest. They shall
flail-type cutting attachments for portable hand-held
publish those measures and forthwith inform the Commission
brush cutters cannot be considered to comply with the
thereof.
requirements set out in sections 1.3.2 and 1.3.3 of
Annex I to Directive 2006/42/EC. That non-conformity
gives rise to a significant risk of serious or fatal injury to
Article 3
users and other exposed persons.
This Decision is addressed to the Member States.
(8) On
22
October
2010,
the
Commission
consulted
the
European Garden Machinery Federation on a draft
measure to deal with dangerous cutting attachments for
Done at Brussels, 19 January 2012.
brush cutters. In its reply dated 4 November 2010, the
Federation expressed support for the draft measure.
For the Commission
(9) The
shortest
possible
period
should
be
allowed
for
the
application of the measures required by this Decision in
Antonio TAJANI
order to prevent further accidents.
Vice-President

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