Commission Opinion of 3 May 2002 within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits — Portable child-appealing luminaires (Text with EEA relevance)
Date: 2002-05-03
Institutions: European Commission
Subjects: child, electrical equipment, lighting equipment, product safety, technical regulations

C 112/2

EN

Official Journal of the European Communities

9.5.2002

COMMISSION OPINION

of 3 May 2002

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

Portable child-appealing luminaires

(2002/C 112/02)

(Text with EEA relevance)

I. Introduction

1. This opinion is based on Council Directive 73/23/EEC (1)
relating to electrical equipment designed for use within
certain voltage limits (LVD). It refers to the application
of Articles 1, 2, 5 and 9 of the aforementioned Directive.

(a) via a cable with electrical supply direct from the socket
outlet (nominal supply voltage from domestic outlets is
230 V for
according to the
European standard HD 472 S1:1989 and HD 472
S1:1989/A1:1995); or

alternating current

2. This opinion relates

to problems

identified regarding

portable child-appealing luminaires (2).

3. The Commission has been formally notified by Member
States of more than twenty measures taken since 1999
restricting the placing on the market of portable child-
safeguard procedure
appealing
luminaires using
described in the Low Voltage Directive.
In general, the
luminaires subject to these measures have had a rated
voltage exceeding 24 V. The present opinion seeks to
clarify the application of the Low Voltage Directive to
these products with respect to the risk of electrical shock.

the

4. The question as

to whether a luminaire has

to be
considered as ‘child appealing’ depends on a case-by-case
assessment taking into account the specific characteristics
of the product in question.

II. Assessment of the safety of portable child-appealing

luminaires in the context of the LVD

(b) via a cable supplied by less than 24 V, which is
generally supplied by a transformer, usually forming
an assembly so that it may be plugged via the trans-
former into the 230 V outlet. The transformer and
cable are both provided with the luminaires.

Article 1 of the Low Voltage Directive 73/23/EEC specifies
that the Directive covers electrical equipment designed for
use with a voltage rating of between 50 V and 1 000 V
for alternating current.

6. Hence the LVD covers:

(a) the luminaire of the first configuration (see 5 (a));

(b) only the transformer of the second configuration (see
5(b)) when the luminaire and the transformer are not
permanently connected; and

(c) both the transformer and the luminaire of the second
configuration (see 5(b)) where the transformer and the
luminaire are permanently connected.

5. There are basically two configuration of power supply to a

portable child-appealing luminaire to be considered:

7. This opinion only relates to the child-appealing luminaires

as referred to in points 6(a) and 6(c).

(1) OJ L 77, 6.3.1973 as amended by Directive 93/68/EEC (OJ L 220,

30.8.1993, p. 1).

(2) The European standard EN 60598-2-10 ‘Luminaires — Part 2-10:
Particular requirements — Portable luminaires for children’ defines
a child-appealing luminaires as: ‘A luminaire that in normal use can
be moved from one place to another while connected to the supply
and which is constructed so represent a model, person or animal
such that due to the design and materials used it could be treated,
by a child, as a toy.’ Examples of such luminaires are e.g. nightlights
using filament lamps, replicas of persons, animals, buildings, cars or
trains with internal or external filament lamps. This definition is
currently subject of a revision within the European standardisation
process.

8. Article 2, clause 2 of the LVD contains a reference to a list
of safety objectives in Annex I of the LVD. At Annex
I(3)(c), one of
the safety
objectives is described as the following:

the principal elements of

‘Technical measures are to be laid down in accordance
with point 1 in order
the electrical
equipment shall not endanger persons, domestic animals
and property in foreseeable conditions of overload.’

to ensure that

9.5.2002

EN

Official Journal of the European Communities

C 112/3

9. During normal use, portable luminaires can be easily
moved from one place to another whilst still connected
to the electricity supply. It is considered that, due to the
child-appealing character of the luminaire, children might
touch and move such products although they are not
designed or clearly intended to be played with like toys.
Provided that these products are not presented as items
designed or clearly intended for use in play by children of
less than 14 years of age, they are not deemed to be toys
and are therefore not covered by Council Directive
88/378/EEC (1) on the safety of
toys (2). A foreseeable
mechanical overload of the luminaire might occur when
such luminaires are handled by children. This in turn may
lead to direct access to live parts.

10. In order to meet the requirements of the LVD (see 8) the
manufacturer needs to perform a risk assessment to ensure
that the risk of electrical shock associated with the fore-
seeable use of the luminaire is acceptable.

11. It is important to note that,

for items intended to be
played with by children (toys), a voltage limit of 24 V
has
European Directive
88/378/EEC (Toys Directive) in order to reduce the risk
of electrical shock.

introduced

been

the

to

12. As a result of the aforementioned risk assessment, the
manufacturer needs to take measures to ensure that the
risk of electrical shock associated with the foreseeable use
of the child-appealing luminaire is adequately addressed:

(a) the manufacturer may use a plug-transformer or
similar means to ensure that the voltage supplied to
the mentioned luminaire remains under 24 V.

Therefore, portable child-appealing luminaires supplied
via a cable with less than 24 V, generated by a trans-
the
former, constructed together with a plug for
230 V outlet, may
essential
requirements of the LVD (see 8). This can be reached
by
standard
relevant
EN 60598-2-10 to the luminaire and the relevant
to
harmonised European standard (EN 61558-series)
the transformer;

comply with the

European

applying

the

(b) there might also be other technologies that can be
applied to child-appealing luminaires using voltages
higher than 24 V that may fulfil the essential safety
requirements of the Low Voltage Directive 73/23/EEC.
In such cases, special precautions in accordance with
appropriate safety concepts and test methods have to
be applied to prevent direct access to live parts in
foreseeable conditions of overload. This has to be
described in the technical documentation.

The European standard EN 60598-2-10 ‘Luminaires —
Part 2 section 10: Particular requirements — Portable
luminaires for children’ also requires a voltage with not
more than 24 V.

13. Member States' authorities should take account of

this

opinion in the context of market surveillance.

(1) Directive 88/378/EEC of 3 May 1988 on the approximation of the
laws of the Member States concerning the safety of toys (Toys
Directive).

(2) Article 1 of Directive 88/378/EEC (Toys Directive) defines toys as
‘any product or material designed or clearly intended for use in play
by children of less than 14 years of age’.