WRITTEN QUESTION No. 2302/97 by Caroline JACKSON to the Commission. Draft Commission Directive adapting to technical progress Annex I to Council Directive 76/769/EEC
Date: 1997-07-03
Institutions: European Parliament, JACKSON CAROLINE
Subjects: EU Member State, accident in the home, child, consumer protection, drafting of EU law, dyestuff, lighting equipment, mineral oil, product safety, public health

C 60/122

EN

Official Journal of the European Communities

25. 2. 98

Answer given by Mr Bangemann on behalf of the Commission

(10 July 1997)

The (cid:145)low voltage(cid:146) Directive (1) sets out rules aimed at ensuring the safety of all electrical equipment placed on the
Community  market.  It  applies  both  to  equipment  imported  into  the  Community  from  third  countries  and  to
domestically produced equipment, without distinction.

The main provisions of the Directive are that the electrical equipment must comply with safety requirements
listed in Annex I of the Directive. In order to ensure compliance, the manufacturer may either apply harmonised
European standards (or other standards under conditions defined in the Directive, when harmonised European
standards do not exist) or adopt his own technical solutions, in accordance with good engineering practices, and
that the manufacturer must have an internal production control, including all measures necessary in order that the
manufacturing  process  ensure  compliance  of  the  products  with  the  requirements  of  the  Directive.  Technical
documentation, enabling the conformity of the electrical equipment to the requirements of the Directive to be
assessed,  must  be  established  by  the  manufacturer  and  kept  on  Community  territory  at  the  disposal  of  the
national  authorities  for  inspection  purposes  for  a  period  of  at  least  10  years  after  the  last  product  has  been
manufactured.  A  declaration  of  conformity,  established  by  the  manufacturer,  must  be  kept  together  with  the
technical documentation.

Each product to be placed on the Community market must bear the (cid:145)CE(cid:146) marking indicating compliance with the
Directive requirements.

In  the  case  of  imported  products,  the  responsibility  for  keeping  the  conformity  declaration  and  the  technical
documentation within the Community territory belongs to the manufacturer(cid:146)s authorised representative in the
Community,  if  any,  or  the  importer.  However,  the  responsibility  to  ensure,  through  appropriate  design  and
testing, that the product is in compliance with the safety requirements of the Directive belongs always to the
manufacturer, even when established outside the Community.

Neither domestically produced equipment nor imported equipment have to be tested by retailers or importers. In
both  cases,  national  market  surveillance  authorities  are  responsible  for  checking,  through  appropriate
surveillance  programmes,  that  the  equipment  placed  on  the  market  is  in  compliance  with  the  Directive
requirements. Procedures and criteria for market surveillance are the responsibility of the Member States.

The Commission does not consider that it would be justified and consistent with the approach of the Directive to
oblige importers systematically to test, at Community-approved testing houses, imported electrical equipment
that they place on the Community market.

(1)  Council Directive 73/23/EEC of 19.2.1973 (OJ L 77, 26.3.1973), as modified by Council Directive 93/68/EEC of 22.7.1993 (OJ L 220,

30.3.1993).

(98/C 60/205)

WRITTEN QUESTION E-2302/97

by Caroline Jackson (PPE) to the Commission

(3 July 1997)

Subject: Draft Commission Directive adapting to technical progress Annex I to Council Directive 76/769/EEC

Will the Commission indicate what research it has undertaken to support its contention in the above proposal that
children are attracted to colourings in lamp oils, and if no such research exists, will the Commission undertake to
withdraw its proposal until the required research has been carried out and has proven that such measures are
required for the health and safety of the European consumer?

(98/C 60/206)

WRITTEN QUESTION P-2377/97

by Bryan Cassidy (PPE) to the Commission

(3 July 1997)

Subject: Draft  Commission  Directive  adapting  to  technical  progress  for  the  4th  time  Annex  I  to  Council

Directive 76/769/EEC

Can the Commission please reveal the source of the scientific study which is the basis of the above proposal, and
give details of the numbers of accidents and deaths caused in the Community among children attracted to the
colourings of decorative lamp oils, as laid down in the preamble to the above proposal?