Commission opinion of 8 December 2003 within the framework of Council Directive 73/23/EEC relating to electrical equipment designed for use within certain voltage limits — Safety of cable reels (Text with EEA relevance)
Date: 2003-12-08
Institutions: European Commission
Subjects: approximation of laws, electrical equipment, safety standard

9.12.2003

EN

Official Journal of the European Union

C 297/21

COMMISSION OPINION

of 8 December 2003

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

Safety of cable reels

(2003/C 297/06)

(Text with EEA relevance)

Article 9 of Council Directive 73/23/EEC of 19 February 1973
on the harmonisation of the laws of Member States relating to
electrical equipment designed for use within certain voltage
limits (1) stipulates the procedures where a Member State, for
safety reasons, prohibits the placing on the market of electrical
equipment or impedes its free movement. In such a case, the
Member State informs the other Member States concerned and
the Commission, indicating the grounds for its decision and
stating in particular whether the non-conformity is attributable
to a shortcoming in a harmonised standard referred to in
Article 5 of
a
harmonised standard, or failure to comply with good engin-
eering practice referred to in Article 2 of the Directive.

application of

the Directive,

incorrect

Article 5 of the Directive confers a presumption of conformity
to European standards adopted by the European Standards
Body Cenelec to the requirements of Directive 73/23/EEC.
called ‘harmonised standards’. Their
These
standards are
information purposes by the
references are published for
European Commission in the Official
the European
Union
European
the
Communities).

the Official

(previously

Journal of

Journal

of

In the context of a notification under the safeguard clause
procedure in accordance with Article 9 of the Low Voltage
standard
Directive,
EN 61242 has been brought
the
European Commission by the Swedish authorities.

in the harmonised

attention of

shortcoming

to the

a

The shortcoming relates to the risk of fire and electrical shock,
which might occur if cable reels are subject to a maximum
load and the cable is not completely unrolled. The insulation
material can melt and live parts may be accessible.

In accordance with Article 5 of Directive 73/23/EEC, a
standard EN 61242 was
reference
published in the Official Journal of the European Communities (2).

to the harmonised

This standard, as adopted by the European Standards Body
Cenelec, is entitled:

The safety objectives, as laid down in Annex I, Section 2 (a-d)
of Directive 73/23/EEC require that electrical equipment should
be designed and manufactured so as to ensure:

— protection against hazards which may be caused by elec-

trical contact;

— protection against hazards which may be caused by hot

temperatures;

— protection
experience;

against

hazards which

are

revealed

by

— a suitable insulation in foreseeable conditions.

The current version of
this standard does not adequately
address the risk of fire and of electrical shock in cases where
there is a foreseeable overload of cable reels. In particular, the
test procedure referred to in clause 20.2 of the standard is not
considered as sufficient to cover the foreseeable conditions of
use.

As a consequence, EN 61242 as listed in the above mentioned
publication in the Official Journal of the European Communities is
not regarded as giving a presumption of conformity with
regard to the risk of fire and of electrical shock in cases of
foreseeable overload.

These conclusions were supported by experts from national
administrations
the Administrative
Co-operation Working Group of 11 March 2002.

the meeting

of

at

The European Standards body Cenelec has been requested by
the European Commission to revise this standard to ensure that
the above mentioned risks are adequately addressed.

— EN 61242 Electrical

accessories — Cable

reels

for

household and similar purposes.

(1) OJ L 77, 26.3.1973, irective as amended by Directive 93/68/EEC

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

(2) OJ C 57, 4.3.2002, p. 1.

In the absence of a revised harmonised standard, the manu-
facturer will need to make a risk assessment regarding cable
reels for these aspects in order to ensure that the risk of fire
foreseeable overload, are
in cases of
and electrical shock,
compliance of
adequately
addressed, when establishing
relevant electrical equipment with the requirements of
the
Low Voltage Directive.

C 297/22

EN

Official Journal of the European Union

9.12.2003

As a result of the above, the Commission is of the opinion that

— EN 61242 as listed in the above mentioned publication in
the Official
is not
regarded as giving a presumption of conformity with
regard to the risk of fire and of electrical shock in cases
of foreseeable overload;

the European Communities

Journal of

— Manufacturers of the relevant products may use thermal or
current cut-outs or other appropriate means to ensure that
the risk of fire and electrical shock, in cases of foreseeable
overload, are adequately addressed;

— Member States' Authorities take account of this opinion in
the context of market surveillance. Member States should
base their market surveillance measures on a case-by-case
evaluation and respect the principle of proportionality.

Non-opposition to a notified concentration

(Case COMP/M.3268 — Sydkraft/Graninge)

(2003/C 297/07)

(Text with EEA relevance)

On 30 October 2003, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 303M3268. CELEX

is the computerised documentation system of European Community law.

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