Opinion of the Commission within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits
Date: 2001-01-30
Institutions: European Commission
Subjects: consumer protection, electrical equipment, product safety, safety standard

C 29/2

EN

Official Journal of the European Communities

30.1.2001

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.

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 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:

(cid:151) EN 60598-1:1997

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:

Luminaries (cid:151) Part 1: General requirements and tests.

(cid:151) EN 60598-1:1997/A13:1999

Luminaries (cid:151) 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
it would still be possible to be in
safeguard action, as
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
to comply with
the essential requirement of the Low Voltage Directive.

fail

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.

therefore,

in EN 60598-1:1997 and A13:1999,

In the absence of a revised harmonised standard, manu-
facturers, when using harmonised standards for establishing
compliance of relevant electrical equipment with the Low
Voltage Directive, must
in addition to the
take
requirements
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
their dimensions or the impossibility of
which, because of
fixing it, might
indirect
compromise protection against
contact with a (cid:145)live(cid:146) part of the fitting or compromise the
insulation properties of the light fitting.

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

there is a possibility, under

This notification referred to the risks arising when a light
In such
fitting is not provided with connecting terminal.
cases,
reasonably foreseeable
conditions of use, for a consumer to purchase a connecting
terminal which is unsuitable because of its dimensions, charac-
teristics, or difficulties in assembly. As a consequence it may
therefore compromise the protection of the light fitting against
contact by a person with a (cid:145)live(cid:146) part of the fitting or change
the insulation properties of the light fitting.

for
at points 2(a)

It was therefore considered in conflict with the essential
in particular
requirements
those
to
non-compliance with the general condition at point 1(c) of
Annex I to the Directive. These points read as follows:

the Low Voltage Directive,
and 2(d) of Annex

I, due

(cid:145)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
should be
prescribed in accordance with point 1, in order to ensure:

technical nature

(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.(cid:146)

(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.