(2004/C 78 E/0243)

WRITTEN QUESTION E-3219/03

by Christopher Heaton-Harris (PPE-DE) to the Commission

(31 October 2003)

Subject:   Recognition of fire regulations in the EU

With regard to the fireproofing of fabrics there seems to be confusion over the recognition of different standard marks from EU countries.

Would the Commission confirm that the British standard mark number for the fireproofing of fabric, BS5867 PART 2B, is equivalent to the French mark number M1?

Is the British standard mark legally acceptable in France?

Could the Commission give details of the legislation within the EU that concerns this?

Answer given by Mr Bolkestein on behalf of the Commission

(10 December 2003)

There is currently no Community legislation harmonising the standards for the fireproofing of fabrics. Accordingly, Member States are free to adopt their own standards. However, the free movement of fabrics between Member States is nevertheless assured to a considerable extent by the principle of mutual recognition, derived from the jurisprudence of the European Court of Justice, in particular on the basis of Articles 28 and following of the EC Treaty.

This principle obliges a Member State to permit the placing on its market of a product lawfully manufactured or sold in another Member State unless it can show that the product does not afford a degree of protection of a legitimate public interest equivalent to that guaranteed by its own legislative or administrative requirements.

Therefore, if the French authorities decide not to permit the placing on the market in France of products complying with the British standard, it is for them to justify such refusal by demonstrating that the products do not afford sufficient protection of the consumer.

A lack of appropriate justifications may entail the breach of the EC Treaty as interpreted by the Court of Justice.