EN Official Journal of the European Union CE 65/219

(2004/C 65 E/234)

WRITTEN QUESTION E-2798/03

by Alexander de Roo (Verts/ALE), Dorette Corbey (PSE) and Ria Oomen-Ruijten (PPE-DE) to the Commission

(19 September 2003)

Subject: Electrical safety of caravans

According to two reports in the Algemeen Dagblad (6 and 8 September 2003), electrical installations in most caravans do not comply with European safety requirements. The CE inspection stamp is lacking in 34 brands of caravans out of 40. Altogether, there are 433 000 touring caravans in the Netherlands. The most common faults are the absence of earth leakage circuit breakers, inadequately ventilated converters, faultily installed or unprotected electrical wiring, and connectors. As a result, situations can arise which are very dangerous for people — especially children — inside caravans.

Does the Commission agree that non-compliance with Directive 93/68/EEC (1) is common in the Netherlands and other Member States?

To what extent is the product liability directive applicable to caravans with such faulty electrical installations, and what may the consequences be if accidents occur?

Are checks carried out in the various Member States to ascertain whether Directive 93/68/EEC and other relevant legislation is complied with? If so, how and by whom?

What has the Commission done in recent years to check whether Member States — particularly the Netherlands — are complying with Directive 93/68/EEC, and has the Commission noticed that the Dutch authorities have failed to perform any checks on the caravan industry, which is so important to Dutch holiday-makers? If so, what action has been taken on the finding?

What measures vis-à-vis the authorities and caravan builders and importers will the Commission take in order to remedy or avert this dangerous situation?

Answer given by Mr Liikanen on behalf of the Commission

(20 October 2003)

At present, there are no specific Community provisions concerning the technical standards to be met by electrical installations in caravans. These are regulated by the implementation of the Member States' national provisions.

It should be pointed out that the article which appeared in the Dutch press mixes up the safety standards required of electrical installations with the safety standards which must be met by the electrical equipment itself.

To clarify the matter, Council Directive 73/23/EEC of 19 February 1973 (2) relating to electrical equipment, as amended by Council Directive 93/68/EEC of 22 July 1993 (3) on the EC marking, applies in general to all electrical equipment whether incorporated or not in the electrical installation of a caravan, which is used with a voltage rating of between 50 and 1 000 volts for alternating current or between 75 and 1 500 volts for direct current.

As the result of the general provisions of Directive 73/23/EC, electrical equipment may be placed on the market only if it complies with the technical requirements in the Directive and has been constructed in accordance with the rules on safety in force in the Community and does not endanger the safety of persons, domestic animals or property when properly installed and maintained and used in applications for which it was made. Conformity with these provisions is evidenced by the CE marking.

Council Directive 92/59/EEC of 29 June 1992 (4) on product safety applies in general to all products except where specific rules of Community law contain provisions governing certain aspects of product safety or categories of risks for the products concerned. In this case, it is those provisions which apply to the products concerned with regard to the relevant safety aspects or risks.

Council Directive 70/156/EEC of 6 February 1970 (5) relating to the type-approval of motor vehicles covers aspects of the construction of motor vehicles from the angle of road safety. With regard to trailers in particular, none of the individual directives adopted to implement Directive 70/156/EEC deal with electrical safety, with the exception of the Directive on electromagnetic compatibility when it comes to electronic brake control devices.

Directive 70/156/EEC grants no exemptions from the application of other Community provisions like Directive 73/23/EC relating to electrical equipment or Directive 92/59/EC for other applications or other risks.

In the case of accidents due to non-compliance with Directive 73/23/EEC or Directive 92/59/EC, it is up to experts and the competent courts to establish liability.

The Member States are responsible for the practical application of the Directives (and Directive 93/68/EC in particular). They have to set up the administrative and technical procedures required to ensure that Community legislation is correctly applied.

The Commission will take the appropriate measures bestowed upon it by the EC Treaty, should it emerge that Community legislation has not been correctly applied.

(1) OJ L 220, 30.8.1993, p. 1.

(2) Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, OJ L 77, 26.3.1973.

(3) Council Directive 93/68/EEC of 22 July 1993 amending Directives 87/404/EEC (simple pressure vessels), 88/378/EEC (safety of toys), 89/106/EEC (construction products), 89/336/EEC (electromagnetic compatibility), 89/392/EEC (machinery), 89/686/EEC (personal protective equipment), 90/384/EEC (non-automatic weighing instruments), 90/385/EEC (active implantable medicinal devices), 90/396/EEC (appliances burning gaseous fuels), 91/263/EEC (telecommunications terminal equipment), 92/42/EEC (new hot-water boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed for use within certain voltage limits), OJ L 220, 30.8.1993.

(4) Council Directive 92/59/EEC of 29 June 1992 on general product safety, OJ L 228, 11.8.1992.

(5) Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, OJ L 42, 23.2.1970.