5.4.2011 Official Journal of the European Union L 89/21 COMMISSION DECISION of 31 March 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 guided type fall arrester, of the type HACA Leitern 0529.7102 (notified under document C(2011) 2010) (Text with EEA relevance) (2011/211/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 (), and in particular Article 7 thereof, Whereas: (1) Article 7(1) of Directive 89/686/EEC on the approxi- mation 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. (2)  Pursuant to Article 7(2) of Directive 89/686/EEC, 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 obli- gations under Article 2(1) of Directive 89/686/EEC. (3)  On 31 January 2008, the UK authorities notified to the European Commission a measure prohibiting the placing on the market of a guided type fall arrester, of the type HACA Leitern 0529.7102, manufactured by HACA Leitern — Lorenz Hasenbach GmbH u. Co. KG, Diessel- strasse 12, 65520 Bad Camberg, Germany (HACA). According to the documents submitted to the Commission this protective equipment was subject to the conformity assessment procedure set out in Article 11A of the Directive, attested by the following (") OJ L 399, 30.12.1989, p. 18. documents issued by EXAM BBG Priif- und Zertifizier GmbH (since become DEKRA EXAM GmbH) — notified body No 0158): — No ZQ/B 212/06, — No ZQ/B 212/07. (4 The UK authorities indicated that their measure was based on the fact that the guided type fall arrester concerned failed to comply with the basic health and safety requirements (BHSR) referred to in Article 3 of Directive 89/686/EEC and, in particular, with BHSR 3.1.2.2 and BHSR 1 and 1.1.1 in Annex II to Directive 89/686/EEC. The UK authorities submitted a test report by TUV NEL Ltd to substantiate their findings. (5)  According to the UK authorities, in particular in the foreseeable situation where a person fell backwards before falling down (the ‘fall-back’ situation), the protective equipment did not provide adequate protection against all risks encountered as required by BHSR 1 (3. As a result, the guided type fall arrester did not comply with BHSR 1.1.1 (%), which requires a user to be able to perform a risk-related activity normally whilst enjoying appropriate protection to the highest possible level. Further the UK authorities explained that the protective equipment did not comply with BHSR 3.1.2.2 () because tests showed that, under foreseeable conditions of use, the vertical drop of the user was not minimised to prevent collision with obstacles and the braking force exceeded the threshold value at which physical injury might occur. The UK authorities further indicated that they intended to launch a formal objection pursuant to Article 6 of the Directive against standard EN 353-1 — Personal protective equipment against falls from a height — Part 1: Guided type fall arresters including a rigid anchor line, which refers to standard EN 364 — Personal protective equipment against falls from a height — test methods. (6)  On 1 August 2008, the Commission wrote to the manu- facturer and, on 26 September 2008, to the notified body that had intervened in the production control (®) BHSR 1 — General requirements applicable to all PPE. (®) BHSR 1.1.1 — Ergonomics. () BHSR 3.1.2.2 — Prevention of falls from a height.