COMMISSION OPINION

of 7 October 2009

in application of Article 7 of Council Directive 89/686/EEC as regards a prohibition measure adopted by the Polish authorities in respect of the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD

(Text with EEA relevance)

2009/C 241/01

1.   

The notification by the Polish 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 9 July 2008, the Polish authorities notified to the European Commission a measure prohibiting the placing on the market of the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD, manufactured by Kubus Sports B.V., Amsterdamsestraatweg 19, 1411 AW Naarden, The Netherlands.

2.   

The reasons given for the notified measure

The Polish authorities indicated that the personal flotation devices (buoyancy aids) in question had not been submitted to the EC type-examination procedure and were not subject to an EC Declaration of conformity as required by Articles 12 and 10 of the Directive respectively.

In addition the instructions for use were missing or incomplete.

The Polish authorities stated that the manufacturer had failed to bring the product into conformity when required to do so according to Article 13(4) of the Directive.

3.   

The Commission’s Opinion

On 11 March 2009, the Commission wrote to the manufacturer inviting him to communicate his observations regarding the measure taken by the Polish authorities. To date, no reply has been received.

In light of the documentation available, the Commission considers that the Polish Authorities have demonstrated that the following types of personal flotation devices (buoyancy aids): Prolimit Floating Vest Standard Waist, Prolimit Floating Jacket Waist FR and Prolimit Floating Jacket Waist STD fail to comply with the requirements of Directive 89/686/EEC.

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

Done at Brussels, 7 October 2009.

For the Commission

Günther

VERHEUGEN

Vice-President