WRITTEN QUESTION No. 1547/98 by Doeke EISMA to the Commission. Laser pens
11. 12. 98 EN Official Journal of the European Communities C 386/147 (98/C 386/201) WRITTEN QUESTION E-1547/98 by Doeke Eisma (ELDR) to the Commission (19 May 1998) Subject: Laser pens 1. Does the Commission believe that the use of laser pens is dangerous? 2. If so, what steps will it be taking to restrict their use? 3. Which Member States ban the use of laser pens or plan to introduce such a ban? Answer given by Mrs Bonino on behalf of the Commission (24 June 1998) The Commission, on the basis of the information it has obtained up to now, considers that in certain circumstances the improper use of certain laser pointers may constitute a hazard. Council Directive 92/59/EEC of 29 June 1992 on general product safety is applicable (1) to laser pencils and pointers. The Directive provides that Member States shall adopt the necessary measures to ensure that only safe products are placed on the Community market (Article 2(b)). Hence it is primarily for the Member States to take action in the case of products which present a danger to the health and safety of consumers, by adopting the necessary measures, including if necessary the recall of the product from the market. Recently, in the framework of the notification system provided for in Article 8 of Directive 92/59/EEC, the Commission received five emergency notifications from three Member States (Germany, France, the United Kingdom) concerning measures adopted in respect of laser pencils or pointers. In compliance with the standard procedure, the Commission rapidly circulated this information to the national authorities responsible for protecting the health and safety of consumers to enable them to take the necessary measures. In effect, pursuant to the Directive, the Commission can only take measures in respect of products presenting a serious and immediate risk if requested to do so by the Member States and only provided the various conditions set out in Articles 9 to 11 of the Directive are complied with. The Member States that sent the notifications to the Commission have taken certain national measures of varying scope. For example France has inter alia adopted a decree banning the production, importation, placing on the market and ordaining the withdrawal of laser pointers in Class 3 or higher (standard NFEN 60825. 1), while Germany has introduced similar provisions. Other Member States are currently considering what measures to adopt and have not yet informed the Commission of their intentions in this area. Since this is a recent problem, the Commission will be closely monitoring future developments and notably the measures taken by the Member States in application of the Directive on general product safety, so as to ensure a high level of protection and safety throughout the Community where these products are concerned. (1) OJ L 228, 11. 8. 1992