11.10.2013

EN

Official Journal of the European Union

L 270/7

(1)

In accordance with the procedure set out in Article 11(2) of Directive 2006/42/EC, the Finnish authorities notified to the Commission and to the other Member States a measure prohibiting the placing on the market and use of a hydraulic wedge splitter of the type Hakki Pilke Z100 manufactured by Maasel盲n Kone Oy, Valimotie 1, FI-85800 Haapaj盲rvi, SUOMI/FINLAND, and requiring the manufacturer to take corrective action with respect to machines already placed on the market.

(2)

The reason for the measure given by the Finnish authorities is the non-conformity of the machinery with the following essential health and safety requirements of Annex I to Directive 2006/42/EC (with reference to the specifications of standards EN 609-1 ‘�Agricultural and forestry machinery ‘�Safety of log splitters ‘�Part 1: Wedge splitters, and EN 574 ‘�Safety of machinery ‘�Two-hand control devices ‘�Functional aspects ‘�Principles for design):

(3)

The measure taken by the Finnish authorities followed an enquiry into a serious accident when the levers of the two-hand control device used to start the machinery were tied together. The Finnish authorities considered that the two-hand control device fitted to the machinery was not designed to avoid being easily defeated or actuated by one hand or by other parts of the body.

(4)

The Commission wrote to the manufacturer inviting him to communicate his observations on the measure taken by Finland. In his reply, the manufacturer indicated that, following the measure, he had brought the design of the machinery into conformity for products manufactured from the autumn of 2010 and proposed corrective measures to deal with machines placed on the market before that date. Since the summer of 2011, the wedge splitter has been sold with the reference Hakki Pilke HH100.

(5)

The Finnish authorities have confirmed that the wedge splitters of the types Hakki Pilke Z100 and HH100 placed on the market since the autumn of 2010 comply with the requirements of Directive 2006/42/EC and that consequently the prohibition on the placing on the market and use of those machines has been lifted. However, the obligation to recall and bring into conformity wedge splitters manufactured before the autumn of 2010 remains in force.

(6)

Examination of the evidence provided by the Finnish authorities and of the observations communicated by the manufacturer confirms that wedge splitters of the type Hakki Pilke Z100 with a two-hand control device that can be easily defeated or actuated by one hand or by other parts of the body do not comply with the essential health and safety requirements of Annex I to Directive 2006/42/EC and that this non-conformity gives rise to a serious risk of injury to users,