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
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 álow voltageí 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 CEí 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 manufacturerís 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?