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The inspection covered 16 retail stores (including 7 large-format stores), one wholesaler and 5 online stores. It is worth noting that some online stores also conducted stationary sales. Of the 19 checked helmet models, 18 came from China and one from Germany.
Design tests were carried out by experts from the laboratory of the Central Institute for Labor Protection in Łódź (CIOP), which included compliance with the following standards: PN-EN 1078+A1:2013-04 for bicycle helmets, PN-EN 1077:2010 for ski and snowboard helmets and PN- EN 12492:2012 for climbing helmets.
Results of UOKiK research
All 19 helmet models met the design requirements, which confirmed their ability to absorb impacts and the effectiveness of the system that holds the helmet on the head. However, the inspection revealed a number of formal and labeling irregularities:
- 9 out of 19 helmet models had at least one formal non-compliance.
- 7 models had an incorrectly prepared EU declaration of conformity or its absence.
- 2 models did not have the correct EU type examination certificate.
- 3 models did not have manufacturer or importer data.
- 1 model did not have a type, batch or serial number, which makes it difficult to identify the product.
- 5 models had incorrect or missing instructions.
Consequences of irregularities
The lack of a proper declaration of conformity and an EU type examination certificate means that there is no evidence that the manufacturer ensures compliance of the helmet with applicable requirements. Incomplete identification data and lack of instructions may make it difficult for consumers to pursue their rights and lead to improper use of the helmet, which may result in injuries.
If non-compliance is detected, the Trade Inspection recommended that entrepreneurs take voluntary corrective actions. In five cases where violations of essential requirements are found, administrative proceedings may be initiated, leading to the imposition of penalties.
The President of the Office of Competition and Consumer Protection appeals to consumers to be careful and check the CE marking, declaration of conformity and user manuals before purchasing protective helmets. It reminds manufacturers, importers and distributors of their obligation to comply with the requirements of Regulation (EU) 2016/425 of the European Parliament and of the Council.
What should you pay attention to when choosing a helmet?
The Office of Competition and Consumer Protection draws attention to the basic aspects that we should consider when choosing a bicycle helmet; skiing and climbing:
- Buying helmets from reliable suppliers.
- Checking the CE marking and the declaration of conformity and the EU type examination certificate.
- Making sure the helmet fits snugly against the head and has a secure fastening.
- Informing the Trade Inspection about noticed irregularities.
Putting non-compliant helmets on the market may result in financial penalties: up to PLN 100,000. PLN for structural non-compliance, up to PLN 10,000. PLN for lack of manufacturer/importer data and up to PLN 20,000. PLN for lack of CE marking. Dangerous products are reported to the EU's Safety Gate RAPEX system to prevent them from ending up in the hands of European consumers.
