Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits^f1, and in particular the second and third paragraph of Article 5 thereof,

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council^f2, and in particular point (b) of Article 11(1) thereof,

Having regard to the opinion of the Low Voltage Directive Working Party,

Whereas:

Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union and under national procedures, covers one or more elements of the safety objectives set out in Annex I to Directive 2006/95/EC, the electrical equipment, designed for use within certain voltage limits, built in accordance with this standard is presumed to meet the safety objectives concerned.

In September 2014, Cyprus, lodged a formal objection in respect of standard EN 60335-2-15:2002, as last amended by A11:2012, ‘Household and similar electrical appliances — Safety — Part 2-15: particular requirements for appliances for heating liquids’.

The formal objection of Cyprus states that standard EN 60335-2-15:2002, as last amended by A11:2012, does not contain specific provisions for coffee or general use appliances intended for, or known by experience to be used for, preparing certain kind of coffee or heating certain liquids (e.g. milk). This electrical appliance consists of an open pot with an enclosed heating element at its bottom and a handle. The heating element is energised by placing the pot over an electrical base via a round plug and socket connector similar to that of conventional kettles. The grinded coffee before boiling rises in the pot and due to the heat energy stored in the appliance, the hot coffee overflows even if operation is later stopped or the appliance is lifted from its base. The heating of milk has similar overflowing characteristics. As a result, there is a risk of serious burns when the boiling liquid falls on the skin of the users or children next to them and the standard as such does not give presumption of conformity with Directive 2006/95/EC.

Having examined the standard EN 60335-2-15:2002, as last amended by A11:2012, the Commission together with the representatives of the Low Voltage Directive Working Party concluded that the standard fails to meet the safety objectives provided in point 1(d) in conjunction with point 2(b) of Annex I to Directive 2006/95/EC.

Taking into consideration the safety aspects to be improved and pending a suitable revision of the standard, the publication in the OJEU and under national procedures of the reference of the standard EN 60335-2-15:2002, as last amended by A11:2012, should be accompanied by an appropriate warning.

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Regulation (EU) No 1025/2012.

HAS ADOPTED THIS DECISION: