Opinion of the Commission within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits

(2001/C 29/02)

This opinion is based on Article 9 of Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits(1). It refers to the application of Article 5 of the aforementioned Directive.

In accordance with Article 5 of Directive 73/23/EEC, a reference to harmonised standard EN 60598-1 was published in the Official Journal of the European Communities(2) as follows:

- EN 60598-1:1997

Luminaries - Part 1: General requirements and tests.

A shortcoming to this harmonised standard was notified to the Commission under the safeguard clause procedure at Article 9 of the Low Voltage Directive.

This notification referred to the risks arising when a light fitting is not provided with connecting terminal. In such cases, there is a possibility, under reasonably foreseeable conditions of use, for a consumer to purchase a connecting terminal which is unsuitable because of its dimensions, characteristics, or difficulties in assembly. As a consequence it may therefore compromise the protection of the light fitting against contact by a person with a "live" part of the fitting or change the insulation properties of the light fitting.

It was therefore considered in conflict with the essential requirements for the Low Voltage Directive, in particular those at points 2(a) and 2(d) of Annex I, due to non-compliance with the general condition at point 1(c) of Annex I to the Directive. These points read as follows: "1. General conditions

(c) The electrical equipment, together with its component parts should be made in such a way as to ensure that it can be safely and properly assembled and connected.

2. Protection against hazards arising from the electrical equipment measures of technical nature should be prescribed in accordance with point 1, in order to ensure:

(a) that persons and domestic animals are adequately protected against danger of physical injury or other harm which might be caused by electrical contact direct or indirect;

(d) that the insulation must be suitable for foreseeable conditions."

This shortcoming to EN 60598-1:1997 was established by the Commission in its opinion of 19 May 1998 and notified to all Member States. Cenelec was subsequently invited to amend the aforementioned standard accordingly.

In response to this opinion the European standardisation body Cenelec amendment EN 60598-1:1997/A13:1999 which was adopted on 1 June 1999 (not published in the Official Journal of the European Communities, with the following title:

- EN 60598-1:1997/A13:1999

Luminaries - Part 1: General requirements and tests.

Amendment 13

However, it is considered that amendment EN 60598-1:1997/A13:1999 is insufficient to meet the concerns raised by the safeguard action, as it would still be possible to be in compliance with the standard and to place luminaries on the market without a connecting terminal if a warning note is attached.

The Commission therefore considers that electrical equipment manufactured in compliance with the EN 60598-1:1997 and EN 60598-1:1997/A13:1999 might still fail to comply with the essential requirement of the Low Voltage Directive.

This conclusion was supported by representatives of national administrations at the meeting of the Low Voltage Directive administrative cooperation working group of 26 April 2000.

The European standardisation body Cenelec has therefore been requested by the Commission to take further action to ensure that the described hazard is adequately addressed in a new amendment to the harmonised standard EN 60598-1:1997.

In the absence of a revised harmonised standard, manufacturers, when using harmonised standards for establishing compliance of relevant electrical equipment with the Low Voltage Directive, must therefore, in addition to the requirements in EN 60598-1:1997 and A13:1999, take measures to prevent any risk relating to the absence of a connecting terminal for luminaries. This risk includes the use of connecting terminals generally available on the market which, because of their dimensions or the impossibility of fixing it, might compromise protection against indirect contact with a "live" part of the fitting or compromise the insulation properties of the light fitting.

(1) OJ L 77, 26.3.1973, as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).

(2) OJ C 268, 22.9.1999, p. 1.