L 22212 Official Journal of the European Union 20.8.2013 DECISIONS COMMISSION DECISION of 16 August 2013 in application of Article 7 of Directive 94/9/EC of the European Parliament and the Council as regards a prohibition measure adopted by the Swedish authorities in respect of a fluorescent lamp ‘GW 80 455" (ATEX-SE-01-2012) (notified under document C(2013) 5315) (Text with EEA relevance) (2013/438EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (') (the ATEX Directive), and in particular Article 7 thereof, Whereas: (1)  Article 2(1) of Directive 94/9/EC states that Member States shall take all appropriate measures to ensure that the equipment, protective systems and devices to which the Directive applies, may be placed on the market and put into service only if, when properly installed and maintained and used for their intended purpose, they do not endanger the health and safety of persons and, where appropriate, domestic animals or property. (2)  Article 7(1) of Directive 94/9/EC provides that when a Member State ascertains that equipment, protective systems or devices bearing the CE conformity marking and used in accordance with its intended use are liable to endanger the safety of persons and, where appropriate, domestic animals or property, it shall take all appropriate measures to withdraw such equipment or protective systems from the market, to prohibit the placing on the market, putting into service or use thereof, or to restrict free movement thereof. The Member State shall immediately inform the Commission of any such measure, indicating the reason for its decision. (3)  On 2 October 2012, the authorities of Sweden formally notified to the European Commission a prohibition measure, taken on 19 September 2012, concerning the placing on the market of a fluorescent lamp, mark and type ‘GW 80 455, manufactured by Gewiss SpA, via A. Volta 1, 24069 Cenate Sotto (Bergamo), Italy. () OJ L 100, 19.4.1994, p. 1. S The Swedish authorities indicated that their measure was based on the non-conformity of the product with the essential health and safety requirements referred to in Article 3 of the Directive 94/9/EC and set out in Annex II, in particular in points 1.0.5 (Marking) and 1.0.6 (Instructions), related to the incorrect application or shortcomings of the harmonised standard EN 60079- 0:2006 — Electrical apparatus for explosive gas atmos- pheres — Part 0: General requirements (IEC 60079- 0:2004, modified), which is referred in the manufac- turer's EC Declaration of Conformity. The Swedish authorities submitted the test report on examination of explosion protection lamp, dated 3 April 2012. According to the Swedish authorities, the list of deviations includes: — Serious criticism: — Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006): the marking ‘Potential elec- trostatic charging hazard — See instructions’ refers to the instructions for further information. Such information can not be found in the instruc- tions. — Criticism: — Marking (sub-clause 29.1 in EN 60079-0:2006) — If the lamp is mounted directly on a ceiling, it is difficult to see part of the marking on the label (Ex code and ambient temperature on the upper part of the label). — Marking (sub-clause 29.2(z1) in EN 60079- 0:2006) — Explosion group (II, IIA, 1IB or IIC) is missing in the Ex code. — Marking (sub-clause 29.1 in EN 60079-0:2006) — Address of the manufacturer is missing. — Accompanying instructions (sub-clause 30.1 in EN 60079-0:2006) — The instructions are not in Swedish (they are in five other languages incl. Italian, English, French and German).