Follow-up to question on lightning protection systems in the EU

12.10.2020

Question for written answer E-005570/2020
to the Commission
Rule 138
Tomáš Zdechovský (PPE)

The Commission is aware that the Czech set of technical standards ČSN-EN-62305 is identical to the European standard EN-62305 and the international standard IEC-62305. This, indeed, is the core of the issue here and the reason why the Commission asked Czechia to lift restrictions on lightning protection systems.

In the correspondence on my previous question[1], it was stated in general terms that the mandatory application of certain technical standards restricts the free movement of goods and is therefore prohibited under Article 34 TFEU, unless such a measure would be justified by another higher and more general interest under Article 36 TFEU. One of these general interests is the protection of human health and life. Logically, the lightning protection systems in question serve this general interest. It is therefore indisputable that a product’s technical capability to provide adequate protection against lightning must take precedence over any commercial interests and the principle of the free movement of goods.

ESE active lighting conductors designed according to French technical standard NFC-17-102 do not provide the same protection as lightning protection systems that meet the requirements of EN-62305 or IEC-62305.

Why is the Commission of the opinion that the Czech set of technical standards ČSN-EN-62305 does not provide for a higher safety level than that set by other standards, i.e. the French technical standard NFC-17-102?

• [1] Written Question E-003918/2019.