EN    EN  
 EUROPEAN COMMISSION 
Brussels, 21.11.2011 
COM(2011) 773 final 
2011/0357 (COD) 
  
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package)  
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the harmonisation of the laws of Member States relatin g to the making available on 
the market of electrical equipment designed for use within certain voltage limits  
(Recast) 
 
 
(Text with EEA relevance) 
 EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT OF THE PROPOSAL  
General context, reasons for and objectives of this proposal  
This proposal is presented in the framework of the implementation of the “goods package”  
adopted in 2008. It is part of  a package of proposals aligni ng ten product directives to 
Decision No 768/2008/EC  establishing a common framework for the marketing of products. 
Union (EU) harmonisation legislation ensuring th e free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of protection and provides ec onomic operators with  the means to demonstrate conformity, 
thus ensuring free movement through trust in the products.  
Directive 2006/95/EC is an exam ple of that Union harmonisation legislation, ensuring the free 
movement of electrical equipment. It sets out the safety objectives that electrical equipment 
must comply with in order to be made av ailable on the EU market. Manufacturers must 
demonstrate that electrical equipment has been designed and manuf actured in compliance 
with the safety objectives and affix the CE marking.  
Experience with the implementation of Uni on harmonisation legislation has shown – on a 
cross-sector scale - certain weaknesses and inconsistencies in the implementation and 
enforcement of this legislation, leading to 
– the presence of non-compliant or dangerous products on the market and consequently a 
certain lack of trust in CE marking 
– competitive disadvantages for economic operators complying with the legislation as 
opposed to those circumventing the rules 
– unequal treatment in the case of non-compliant  products and distortion of competition 
amongst economic operators due to different enforcement practices 
– differing practices in the designation of conformity assessment bodies by national 
authorities 
Furthermore the regulatory environment has beco me more and more complex, as frequently 
several pieces of legislation apply simu ltaneously to one and the same product. 
Inconsistencies in these pieces of legisla tion make it increasingly difficult for economic 
operators and authorities to correctly interpret an d apply that legislation. 
To remedy these horizontal shortcomings in Union harmonisation legi slation observed across 
several industrial sectors, the “New Legislative Framework”  was adopted in 2008 as part of 
the goods package . Its objective is to strengthen and complete the existing rules and to 
improve practical aspects of their applicat ion and enforcement. The New Legislative 
Framework (NLF) consists of two complementary instruments, Regulation (EC) No 
765/2008  on accreditation and market surveillance and Decision No 768/2008/EC 
establishing a common framework for the marketing of products . EN 3   EN The NLF Regulation has introduced rules on accr editation (a tool for the evaluation of 
competence of conformity assessment bodies) and requirements for the organisation and performance of market surveillance and contro ls of products from third countries. Since 1 
January 2010 these rules apply di rectly in all Member States. 
The NLF Decision sets out a common framewor k for EU product harmonisation legislation. 
This framework consists of the provision s which are commonly used in EU product 
legislation (e.g. definitions, ob ligations of economic operators , safeguard mechanisms, etc). 
These common provisions have been reinforced to  ensure that the directives can be applied 
and enforced more effectively in practice. Ne w elements, such as obligations on importers, 
have been introduced, which are crucial for im proving the safety of products on the market.  
The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely interlinked. The NLF D ecision contains the corresponding obligations for economic 
operators allowing market surveillance authorit ies to properly perform the tasks imposed on 
them by the NLF Regulation and to ensure an effective and consistent enforcement of EU product legislation.  
However, unlike the NLF Regulation, the provis ions of the NLF Deci sion are not directly 
applicable. To ensure that a ll economic sectors subject to Union harmonisation legislation 
benefit from the improvements of the NLF, the provisions of the NLF D ecision need to be 
integrated into the ex isting product legislation. 
A survey after the adoption of the goods packag e in 2008 showed that a majority of Union 
harmonisation legislation on products  was due to be revised with in the following 3 years, not 
only to address the problems observed throughout  all sectors but also for sector-specific 
reasons. Any such revision would automatically  include an alignment of the legislation 
concerned to the NLF Decision since Parlia ment, Council and Commission have committed 
themselves to use its provisions as much as po ssible in future legislation on products in order 
to further the utmost coheren ce of the regulatory framework.  
For a number of other Union harmonisation directives, including Directive 2006/95/EC no 
revision for sector-specific prob lems had been envisaged within  this timeframe. To ensure 
that the problems in relation to non-compliance are nevertheless addressed in these sectors, and for the sake of consistency of the ove rall regulatory environment on products, it was 
decided to align these directiv es within a package to the provisions of the NLF Decision. 
Consistency with other policies and objectives of the Union 
This initiative is in line with the Single Market Act
1, which has stressed the need to restore 
consumer confidence in the quality of pr oducts on the market and the importance of 
reinforcing market surveillance. 
Furthermore it supports the Commission’s polic y on Better Regulation and simplification of 
the regulatory environment. 
                                                 
1 Communication from the Commission to the European Parliament, the Council, the Economic and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. EN 4   EN 2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
Consultation of interested parties 
The alignment of Directive 2006/95/EC to the NL F Decision has been di scussed with national 
experts responsible for the implementation of th is Directive, the administrative cooperation 
group as well as in bilateral mee tings with industr y associations. 
From June to October 2010 a public consultation was organised that comprised all the sectors 
involved in this initiative. It consisted of four targeted quest ionnaires for economic operators, 
authorities, notified bodies and users and the Co mmission services received 300 replies. The 
results are published at:  
http://ec.europa.eu/enterpri se/policies/single-market-goods /regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm  
In addition to the general consultation a specif ic SME consultation was carried out. 603 SMEs 
were consulted through the Enterprise Europe  Network in May/June 2010. The results are 
available at http://ec.europa.eu/enterpri se/policies/single-market- goods/files/new-legislative-
framework/smes_statistics_en.pdf  
The consultation process revealed widespread su pport for the initiative. There is unanimity on 
the need to improve market surveillance and the system for assessing and monitoring Notified 
Bodies. Authorities fully support the exercise because it will strengthen the existing system 
and improve cooperation at EU level. Industry expects a more level pl aying field resulting 
from more effective actions against products that  do not comply with the legislation, as well 
as a simplification effect from the alignment of  legislation. Certain co ncerns were expressed 
on some obligations which are, however, indispen sable for increasing the efficiency of market 
surveillance. These measures will not entail si gnificant costs for indus try, and the benefits 
resulting from improved market surveill ance should by far outweigh the costs.  
Collection and use of expertise 
The impact assessment for this implementation package has largely built on the impact 
assessment carried out for the New Legislativ e Framework. In addition to the expertise 
collected and analysed in that context, furt her consultation of sect or-specific experts and 
interest groups, as well as horizontal expert s active in the area of technical harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 
Impact assessment  
Based on the information collected, the Commis sion carried out an impact assessment which 
examined and compared three options. 
Option 1 - No changes to  the current situation  
This option proposes no changes to the current directive and relies ex clusively on certain 
improvements that can be expected from the NLF Regulation. 
Option 2 – Alignment to the NLF Deci sion by non-legislative measures EN 5   EN Option 2 considers the possibility of encourag ing a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them  as best practices in guidance documents. 
Option 3 – Alignment to NLF Deci sion by legislative measures 
This option consists in integrating the provi sions of the NLF Decision into the existing 
Directive. 
Option 3 was found to be the preferred option because – it will improve the competitiveness of compan ies taking their obligations seriously, as 
opposed to those cheating on the system; 
– it will improve the functioning of the internal market by ensuring equal treatment of all 
economic operators, notably importers and distributors; 
– it does not entail significant costs for economic  operators; for those who are already acting 
responsibly, no extra costs or only negligible cost s are expected; 
– it is considered more effective than option 2: du e to the lack of enfor ceability of option 2 it 
is questionable that the positive impact s would materialise under that option; 
– options 1 and 2 do not provide an swers to the problem of inconsistencies in the regulatory 
framework and therefore have no positive impact on the simplification of the regulatory environment. 
3. M
AIN ELEMENTS OF THE PROPOSAL  
3.1. Horizontal definitions 
The proposal introduces harmonised definiti ons of terms which are commonly used 
throughout Union harmonisation le gislation and should therefor e be given a consistent 
meaning throughout that legislation.  
3.2. Obligations of economic operators  and traceability requirements 
The proposal clarifies the obliga tions of manufactur ers and authorised representatives and 
introduces obligations for impor ters and distributors. Importe rs must verify that the 
manufacturer has carried out the applicable c onformity assessment procedure and has drawn 
up a technical documentation. They must also ma ke sure with the manufacturer that this 
technical documentation can be made availa ble to authorities upon request. Furthermore 
importers must verify that the electrical e quipment is correctly marked and accompanied by 
the required safety information. They must keep  a copy of the EU declaration of conformity 
and indicate their name and address on the pr oduct, or where this is not possible on the 
packaging or the accompanying documentation. Di stributors must verify that electrical 
equipment bears the CE marking, the name of the manufacturer and of the importer, if 
relevant, and that it is accompanied by th e required documentation and instructions. 
Importers and distributors must cooperate with  market surveillance authorities and take 
appropriate actions when they have supp lied non-compliant electrical equipment. EN 6   EN Enhanced traceability obligation s are introduced for all economic operators. Electrical 
equipment has to bear the manufacturer’s name and address and a number allowing to identify 
and link the electrical equipmen t to its technical documentation. When electrical equipment is 
imported the importer’s name and address must  also be on the electrical equipment. 
Furthermore every economic operator must be able to identify towards authorities the 
economic operator who has supplied him with electrical equipment or to whom he has 
supplied electrical equipment. 
3.3. Harmonised standards 
Compliance with harmonised standard provide s a presumption of conformity with the 
essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation 
on European Standardisation2 that sets out a horizontal legal framework for European 
standardisation. The proposal for the Regula tion contains inter alia provisions on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for objections to harmonised standards and on stakehol der participation in 
the standardisation process. Consequently the pr ovisions of Directive 2006/95/EC which 
cover the same aspects have been deleted in th is proposal for reasons of legal certainty.  
The provision conferring presumption of conf ormity to harmonised standards has been 
modified to clarify the extent of the presumption of conformity  when standards only partially 
cover the essential requirements. 
3.4. Conformity assessment and CE marking 
Directive 2006/95/EC has select ed the appropriate conformity  assessment procedure which 
manufacturers have to a pply in order to demons trate that their electrical equipment comply 
with the safety objectives. The proposal aligns these procedures to their updated versions set 
out in the NLF Decision. It al so introduces a model for the EU declaration of conformity. 
General principles of the CE marking are se t out in Article 30 of Regulation 765/2008, while 
the detailed provisions on the affixing of the CE marking to electrical  equipment have been 
inserted in this proposal. 
3.5. Market surveillance and the safeguard clause procedure 
The proposal revises the existing safeguard cl ause procedure. It introduces a phase of 
information exchange between Member States, and specifies the steps to be taken by the 
authorities concerned, when a non-compliant elec trical equipment is fo und. A real safeguard 
clause procedure – leading to a Decision at  Commission level on whether a measure is 
justified or not - is only launched when anot her Member State objects to a measure taken 
against an electrical equipment. Where there is no disagreement on th e restrictive measure 
taken, all Member States must take th e appropriate action on their territory. 
                                                 
2 COM(2011) 315 final, Proposal for a Regulation of the European Parliament and of the Council on 
European Standardisation and amending Council Dire ctives 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, 2009/105/EC and 
2009/23/EC of the European Parliament and of the Council. EN 7   EN 4. LEGAL ELEMENTS OF THE PROPOSAL  
Legal basis  
The proposal is based on Article 114 of the Tr eaty on the Functioning of the European Union. 
Subsidiarity principle 
The internal market is a competence that is shared between the Union and the Member States. 
The subsidiarity principle arises in particul ar with regard to th e newly added provisions 
aiming at the improvement of effective enfo rcement of Directive 2006/95/EC namely, the 
importer and distributor obligations, the tra ceability provisions, the provisions on the 
assessment, and the enhanced cooperation obliga tions in the context of  the revised market 
surveillance and safeguard procedures.  
Experience with the enforcement of the legislat ion has shown that meas ures taken at national 
level have led to divergent approaches and to  a different treatment of economic operators 
inside the EU, which undermines the objective of  this directive. If actions are taken at 
national level to address the problems, this risks creating obstacles to the free movement of goods. Furthermore action at natio nal level is limited to the te rritorial competence of a 
Member State. In view of the increasing inte rnationalisation of trad e, the number of cross-
border cases is constantly rising. Coordinated ac tion at EU level can much better achieve the 
objectives set, and will in particular render market surveillance more effective. Hence it is more appropriate to take  action at EU level. 
As regards the problem of inconsistencies thro ughout the directives, th is is a problem which 
can only be solved by the EU legislator. 
Proportionality  
In accordance with the principle of proportionality, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set.  
The new or modified obligations do not impos e unnecessary burdens an d costs on industry - 
especially on small and medium sized enterpri ses - or administrations . Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to provide the most proportionate response to the problems identified. A number of 
modifications concern the improvement of clarity of the existing Directive without introducing new requirements th at entail added cost.  
Legislative technique used 
The alignment to the NLF Deci sion requires a number of subs tantive amendments to the 
provisions of Directive 2006/95/EC. To ensure the readability of th e amended text the 
technique of recasting has been chosen in line with the Interinstitutional Agreement of 28 
November 2001 on a more structured use of  the recasting technique for legal acts
3.  
The changes made to the provisions of Dir ective 2006/95/EC concern: the definitions, the 
obligations of economic operators, the presum ption of conformity provided by harmonised 
                                                 
3 OJ C 77, 28.3.2002, p. 1. EN 8   EN standards, the declara tion of conformity, CE marking, the safeguard clause procedure and the 
conformity assessment procedures. 
The proposal does not change the scope and th e safety objectives of Directive 2006/95.  
5. BUDGETARY IMPLICATIONS  
This proposal does not have any implications for the EU budget. 
6. ADDITIONAL INFORMATION  
Repeal of existing legislation 
The adoption of the proposal will lead  to repeal of Directive 2006/95/EC. 
European Economic Area 
The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. EN 9   EN  
Ð 2006/95 (adapted) 
2011/0357 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the harmonisation of the laws  of Member States relating to ⌦the making available 
on the market of ⌫ electrical equipment designed for use within certain voltage limits  
(Recast) 
  
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community
 ⌦ on the Functioning of 
the European Union ⌫ , and in particular Article 95  ⌦ 114 ⌫ thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
4, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: 
 
Ø new 
(1) A number of substantive changes are to be made 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 el ectrical equipment designed for use within 
certain voltage limits5. In the interests of clarity, th at Directive should be recast. 
(2) Regulation (EC) No 765/2008 of the European Parliament and of th e Council of 9 July 
2008 setting out the requirements for accredi tation and market surveillance relating to 
                                                 
4 OJ C […], […], p. […]. 
5 OJ L 374, 27.12.2006, p. 10. EN 10   EN the marketing of products and re pealing Regulation (EEC) No 339/936 lays down rules 
on the accreditation of  conformity assessm ent bodies, provides a framework for the 
market surveillance of products and for cont rols of products from  third countries, and 
lays down the general princi ples of the CE marking. 
(3) Decision No 768/2008/EC of the European Pa rliament and of the Council of 9 July 
2008 on a common framework for the marketi ng of products and repealing Council 
Decision 93/465/EEC7 lays down a common framework of general principles and 
reference provisions intended to apply across the legislation harmonising the 
conditions for the marketing of products in  order to provide a coherent basis for 
revision or recasts of that legislation. Directive 2006/95/EC should therefore be 
adapted to that Decision.  
 
Ð 2006/95 recital 1 (adapted) 
Council Directive 73/23/EEC of 19  February 1973 on the harmonisat ion of the laws of 
Member States relating to electr ical equipment designed for use within certain voltage limits 8 
has been substantially amended9. In the interests of clarity and rationality the said Directive 
should be codified.  
 
Ð 2006/95 recital 2  
The provisions in force in the Member States designed to ensure safety in the use of electrical 
equipment used within certain voltage limits may differ, thus impeding trade.  
 
Ð 2006/95 recital 3 
In certain Member States in respect of certain electrical equipment, the safety legislation takes 
the form of preventive and repressive measures by means of binding provisions.  
 
Ð 2006/95 recital 4  
In other Member States in order to achi eve the same objective, the safety legis lation provides 
for reference to technical standards laid down by  Standards Bodies. Such a system offers the 
advantage of rapid adjustment to technical progress without neglecti ng safety requirements.  
                                                 
6 OJ L 218, 13.8.2008, p. 30. 
7 OJ L 218, 13.8.2008, p. 82. 
8 ( 3)OJ L  77, 26.3.1973, p.  29.Directive as amended by Directive 93/68/EEC (OJ L 220, 30.08.1993, p. 
1). 
9 (4) See Annex  V, Part A.  EN 11   EN  
Ð 2006/95 recital 5 
Certain Member State s carry out administrative operations  to approve standards. Such 
approval neither affects the tec hnical content of the standards in any way nor limits their 
conditions of use. Such approval cannot therefor e alter the effects, from a Community point 
of view , of harmonised and published standards.  
 
Ð 2006/95 recital 6  
Within the Community, the free movement of el ectrical equipment should follow when this 
equipment complies with certain safety requi rements recognised in all Member States. 
Withou t prejudice to any other form of proof , the proof of compliance with these 
requirements may be established by referenc e to harmonised standards which incorporate 
these conditions. These harmonised standards should be established by common agreement by 
bodies to be notified by each Member State to the other Member States and to the 
Commission and should be publicised as widely as possible. Such harmonisation should, for 
the purposes of trade, eliminate the inconve niences resulting from differences between 
national standards  
 
Ð 2006/95 recital 7 
Without prejudice to any other form of proof, th e compliance of electrical equipment with the 
harmonised standards may be presumed from the affixing or issue of marks or certificates by 
the competent orga nisations or, in the absence thereof, from a manufacturer's declaration of 
compliance. In order to facilitate the removal of barriers to trade, th e Member States should 
recognise such marks or certificates or such declaration as elements of proof. With thi s end in 
view, the said marks or certificates should be pu blicised in particular by their publ ication in 
the Official Journal of  the European Union.  
 
Ø new  
(4) Economic operators should be responsible fo r the compliance of el ectrical equipment 
in relation to their respective roles in the s upply chain, so as to ensure a high level of 
protection of public interests, such as health and safety, and the protection of 
consumers and to guarantee fair competition on the Union market. 
(5) All economic operators interv ening in the supply and di stribution chain should take 
the appropriate measures to ensure that  they only make available on the market 
electrical equipment which is in conformity with this Directive. It is necessary to 
provide for a clear and propor tionate distribution of oblig ations which correspond to 
the role of each operator in the supply and distribution process. 
(6) The manufacturer, having detailed knowledge of the design and production process, is 
best placed to carry out the complete c onformity assessment procedure for electrical EN 12   EN equipment. Conformity assessment should therefore remain the obligation of the 
manufacturer alone. 
(7) Although conformity assessment should be th e responsibility of the manufacturer 
without any need to involve an independent  conformity assessment body, in order to 
facilitate the completion of the confor mity assessment procedure, manufacturers 
should be allowed to seek assistance of  an independent conformity assessment 
laboratory. 
(8) It is necessary to ensure that electrical equipment from third countries entering the 
Union market comply with the requirements of  this Directive, and in particular that 
appropriate assessment procedures have been  carried out by manufac turers with regard 
to this electrical equipment. Provision shoul d therefore be made for importers to make 
sure that electrical equipment they place on the market comply with the requirements 
of this Directive and that they do not pl ace on the market electrical equipment which 
does not comply with such requirements or  present a risk. Provi sion should also be 
made for importers to make sure that c onformity assessment procedures have been 
carried out and that product marking a nd documentation drawn up by manufacturers 
are available for inspection by the supervisory authorities. 
(9) The distributor makes electrical equipment available on the market after it has been 
placed on the market by the manufacturer or the importer and shoul d act with due care 
to ensure that its handling of electrical  equipment does not adversely affect the 
compliance of the electrical equipment. 
(10) When placing electrical equipment on the ma rket, every importer should indicate on 
the electrical equipment his name and th e address at which he can be contacted. 
Exceptions should be provided for in cases wh ere the size or nature  of the electrical 
equipment does not allow it. This includes cases where the impor ter would have to 
open the packaging to put his name and address on the product. 
(11) Any economic operator that either places el ectrical equipment on the market under his 
own name or trademark or modifies elec trical equipment in such a way that 
compliance with the requirements of this Directive may be affected should be 
considered to be the manufacturer and should assume the obligations of the 
manufacturer. 
(12) Distributors and importers, being close to the market place, should be involved in 
market surveillance tasks carried out by the competent national authorities, and should 
be prepared to participate actively, providing t hose authorities with all necessary 
information relating to the el ectrical equipment concerned. 
(13) Ensuring traceability of elec trical equipment throughout the whole supply chain helps 
to make market surveillance simpler and mo re efficient. An efficient traceability 
system facilitates market surveillance authorities' task of tracing economic operators 
who made non-compliant products available on the market. 
(14) This Directive should be limited to the expres sion of the safety obj ectives. In order to 
facilitate conformity assessment with those objectives it is necessary to provide for 
presumption of conformity for electrical equipment which is in conformity with 
harmonised standards that are adopted in acco rdance with Regulation (EU) No [../..] of 
the European Parliament and of the Council of […..] on European Standardisation and EN 13   EN 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, 2009/105/EC 
and 2009/23/EC of the European Parliament  and of the Council for the purpose of 
expressing detailed technical speci fications of those objectives.  
(15) Regulation (EU) No [../..] [ on European Standardisation] provides for a procedure for 
objections to harmonised standards where those standards do not  entirely satisfy 
requirements of this Directive. 
 
Ð 2006/95 recital 8 (adapted)  
Ö new 
(16) As a transitional measure, tThe free movement of elec trical equipment for which 
harmonised standards do not yet exist shouldmay  be achieved by applying the safety 
provisions or sta ndards  already  laid down by Ö the International Electrotechnical 
Commission  other international bodies  or by one of the bodies which establish 
harmonised standards  ⌦applying national standards ⌫ .  
 
Ð 2006/95 recital 9 
It is possible that electrical equipment may be placed in free circulation even though it does 
not comply with the safety requirements, and it is therefore desirable to lay down suitable 
provisions to minimise this danger  
 
Ð 2006/95 recital 10 (new) 
Council Decision 93/465/EEC10 establishes the modules fo r the various phases of the 
conformity assessment procedures which are intended to be used in the technical 
harmonisation Directives.  
 
Ð 2006/95 recital 11 
The choice of procedures should not lead to a lowering of safety standards of electrical 
equipment, which have already been  established throughout the Community.  
 
Ø new 
(17) In order to enable economic operators to de monstrate and the competent authorities to 
ensure that electrical equipment made ava ilable on the market is in conformity with 
                                                 
10 (1) Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the 
conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, 
which are intended to b e used in the technical harmonisation directives (OJ L 220, 30.08.1993, p. 23).  EN 14   EN the safety objectives it is necessary to pr ovide for conformity assessment procedures. 
Decision No 768/2008/EC establishes modules for conformity assessment procedures, 
which include procedures from the least to the most stringent, in proportion to the 
level of risk involved and the le vel of safety required. In or der to ensure inter-sectoral 
coherence and to avoid ad-hoc variants, c onformity assessment procedures should be 
chosen from among those modules. 
(18) Manufacturers should draw up an EU declara tion of conformity to provide detailed 
information on the conformity of electrical equipment with the requirements of this 
Directive and of the other relevant  Union harmonisation legislation.  
(19) The CE marking, indicating the conformity of electrical equipment, is the visible 
consequence of a whole process comprising conformity assessment in a broad sense. 
General principles governing the CE mark ing are set out in Regulation (EC) No 
765/2008. Rules governing the affixing of the CE  marking should be laid down in this 
Directive. 
(20) In order to ensure legal certainty, it is neces sary to clarify that rules on Union market 
surveillance and control of products ente ring the Union market provided for in 
Regulation (EC) No 765/2008 appl y to electrical equipment.  This Directive should not 
prevent Member States from choosing the co mpetent authorities th at carry out those 
tasks.  
(21) Directive 2006/95/EC already provides for a safeguard procedure which applies only 
in the event of disagreeme nt between Member States over measures taken by a 
Member State. In order to increase transpar ency and to reduce processing time, it is 
necessary to improve the existing safeguard cl ause procedure, with a view to making it 
more efficient and drawing on the expe rtise available in Member States. 
(22) The existing system should be supplement ed by a procedure under which interested 
parties are informed of measures intende d to be taken with regard to products 
presenting a risk to the health and safety of persons or to other aspects of public 
interest protection. It should also allow market surveillanc e authorities, in cooperation 
with the relevant economic ope rators, to act at an earlie r stage in respect of such 
products. 
(23) Where the Member States and the Commission agree as to the justification of a 
measure taken by a Member State, no furt her involvement of the Commission should 
be required, except where non-compliance ca n be attributed to shortcomings of a 
harmonised standard. 
(24) Member States should lay down rules on pena lties applicable to infringements of the 
national provisions adopted pur suant to this Directive and ensure that they are 
implemented. Those penalties should be e ffective, proportionate and dissuasive.  
(25) It is necessary to provide for transitional arrangements that allow making available on 
the market electrical equipment which ha s already been placed on the market in 
accordance with Directive 2006/95/EC. 
(26) Since the objective of this Di rective, namely to ensure th at electrical equipment on the 
market fulfil the requirements providing a high level of protection of health and safety 
and other public interests wh ile guaranteeing the functioni ng of the internal market EN 15   EN cannot be sufficiently achieved by the Member  States and can therefore, by reason of 
its scale and effects, be be tter achieved at Union level, the Union may adopt measures, 
in accordance with the principle of subsidiarity  as set out in Article 5 of the Treaty on 
European Union. In accordance with the princi ple of proportionality, as set out in that 
Article, this Directive does not go beyond what is necessary in order to achieve that 
objective. 
(27) The obligation to transpose this Directive in to national law should be  confined to those 
provisions which represent a substantive change as comp ared with the Directive 
2006/95/EC. The obligation to transpose the provisions wh ich are unchanged arises 
under the earlier Directive.   
 
Ð 2006/95 recital 12 (adapted) 
(28) This Directive should be without prejudice to the obligations of the Member States 
relating to the time-limits for transposition into national law and application of the 
Directives set out in Part B of  Annex V to Directive 2006/95/EC , Part B,  
 
Ð 2006/95 (adapted) 
HAVE ADOPTED THIS DIRECTIVE: 
Chapter 1  
⌦ General provisions ⌫ 
Article 1 
⌦ Scope ⌫ 
For the purposes of  tThis Directive,  ⌦ shall apply to ⌫ ‘electrical equipment’  means any 
equipment  designed for use with a voltage rating of between 50 and 1000 V for alternating 
current and between 75 and 1500 V for direct current, other than the equipment and 
phenomena listed in Annex II. 
 
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Article 2 [Article R1 of Decision No 768/2008/EC] 
Definitions 
For the purposes of this Directive, the following definitions apply: EN 16   EN (1) "placing on the market" means the first maki ng available of electrical equipment on 
the Union market; 
(2) "making available on the market" means any supply of electr ical equipment for 
distribution, consumption or use on the Uni on market in the course of a commercial 
activity, whether in return fo r payment or free of charge; 
(3) "manufacturer" means any natural or lega l person who manufact ures electrical 
equipment or has electrical equipment de signed or manufactured, and markets that 
equipment under his name or trademark; 
(4) "authorised representative" m eans any natural or legal person established within the 
Union who has received a written mandate from  a manufacturer to act  on his behalf in 
relation to specified tasks; 
(5) "importer" means any natural or legal pers on established within the Union who places 
electrical equipment from a th ird country on the Union market; 
(6) "distributor" means any natural or legal pe rson in the supply chain, other than the 
manufacturer or the importer, who makes electrical equipment available on the 
market; 
(7) "economic operators" means the manufactur er, the authorised representative, the 
importer and the distributor; 
(8) "technical specification" means a document th at prescribes technical requirements to 
be fulfilled by an electrical equipment; 
(9) "harmonised standard" means harmonised stan dard as defined in Article 2(1)(c) of 
Regulation (EU) No [../..] [on European Standardisation]; 
(10) "conformity assessment" means the process demonstrating whether the safety 
objectives relating to electrical equipment have been fulfilled; 
(11) "recall" means any measure aimed at achieving the return of electr ical equipment that 
has already been made available to the end user; 
(12) "withdrawal" means any measure aimed at preventing electrical equipment in the 
supply chain from being made available on the market; 
(13) "CE marking" means a marking by which the manufacturer indicates that the electrical 
equipment is in conformity with the applicable requirements set out in Union 
harmonisation legislation pr oviding for its affixing; 
(14) "Union harmonisation legislation" means any Union legislation harmonising the 
conditions for the marketing of products. EN 17   EN  
Ð 2006/95 (adapted) 
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Article 32  
⌦ Making available on the market and safety objectives ⌫ 
1. The Member States shall take all a ppropriate measures to ensure that  eElectrical equipment 
may be Ö made available  placed  on the market only if, having been constructed in 
accordance with good engineering practice in safety matters in force in the Community  
⌦ Union ⌫, it does not endanger the sa fety of persons, domestic animals or property when 
properly installed and maintained and used  in applications for which it was made. 
 
Ð 2006/95 
2. The principal elements of the safety objectiv es referred to in paragraph 1 are listed in 
Annex I. 
 
Ð 2006/95 (adapted) 
Article 43  
⌦ Free movement ⌫ 
The Member States shall take all appropriate measur es to ensure that if electrical equipment is 
of such a nature as to comply with Article  2, subject to the conditions  laid down in Articles  5, 
6, 7 or 8  ⌦ this Directive ⌫, the free movement thereof within the Community  
⌦ Union ⌫ shall not be impeded for reasons of safety  ⌦ the aspects covered by this 
Directive ⌫. 
Article 54  
⌦ Supply of electricity ⌫ 
In relation to electrical equipment, the Member States shall ensure that stricter safety 
requirements than those laid down in Article m2  3⌦ and Annex I ⌫ are not imposed by 
electricity supply bodies for connec tion to the grid, or for the suppl y of electricity to users of 
electrical equipment. EN 18   EN Chapter 2  
⌦ Obligations of economic operators ⌫ 
 
Ð 2006/95 
Article  5 
The Member States shall take all appropriate m easures to ensure that, in particular, electrical 
equipment which complies with the safety pr ovisions of harmonised standards shall be 
regarded by their competent administrative auth orities as complying with the provisions of 
Article  2, for the purposes of  placing on the market and free movement as referred to in 
Articles  2 and 3 respectively.  
Standards shall be regarded as harmonised once they are drawn up by common agreement 
between the bodies notified by the Member States in accordance with Article  11, f irst 
paragraph, point  (a), and published under national procedur es. The standards sh all be kept up 
to date in the light of technological progr ess and the developments in good engineering 
practice in safety matters.  
For purposes of information the list of h armonised standards and their references shall be 
published in the Official Journal of  the European Union.  
 
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Article 6 [Article R2 of Decision No 768/2008/EC] 
Obligations of manufacturers 
1. When placing electrical equipment on the ma rket, manufacturers shall ensure that it has 
been designed and manufactured in a ccordance with Article 3 and Annex I. 
2. Manufacturers shall draw up the technical documentation referred to in Annex III and carry 
out the conformity assessment procedure referred to in Annex III or have it carried out. 
Where compliance of electrical  equipment with the appli cable requirements has been 
demonstrated by the procedure referred to in the first subparagraph, manufacturers shall draw 
up an EU declaration of conformity and affix the CE marking. 
3. Manufacturers shall keep the technical documentation and the EU declaration of 
conformity for a period of 10 years after th e electrical equipment has been placed on the 
market. 
4. Manufacturers shall ensure that procedures ar e in place for series production to remain in 
conformity. Changes in product design or char acteristics and changes in the harmonised EN 19   EN standards or in technical specifications by re ference to which conformity of electrical 
equipment is declared shall be adequately taken into account. 
When deemed appropriate with regard to th e risks presented by el ectrical equipment, 
manufacturers shall, to protect the safety of c onsumers, carry out sample  testing of electrical 
equipment made available on the market, investig ate, and, if necessary, keep a register of 
complaints, of non-conforming el ectrical equipment and elect rical equipment recalls, and 
shall keep distribu tors informed of any such monitoring. 
5. Manufacturers shall ensure that electrical equipment bear a type , batch or serial number or 
other element allowing its identification, or, where the size or nature  of the electrical 
equipment does not allow it,  that the required information is provided on the pa ckaging or in a 
document accompanying the electrical equipment. 
6. Manufacturers shall indicate their name, register ed trade name or registered trade mark and 
the address at which they can be contacted on th e electrical equipment or, where that is not 
possible, on its packaging or in a document accompanying the electrical equipment. The 
address must indicate a single point at wh ich the manufacturer can be contacted.  
7. Manufacturers shall ensure that the elect rical equipment is accompanied by safety 
information in a language which can be easily understood by consumers and other end-users, 
as determined by the Member State concerned. 
8. Manufacturers who consider or have reason to believe that el ectrical equipment which they 
have placed on the market is not  in conformity with  this Directive shal l immediately take the 
necessary corrective measures to bring that elec trical equipment into c onformity, to withdraw 
it or recall it, if appropriate. Furthermore, where the electrical equi pment presents a risk, 
manufacturers shall immediately inform the co mpetent national authorities of the Member 
States in which they made the electrical equipm ent available to that ef fect, giving details, in 
particular, of the non-compliance and of any corrective measures taken. 
9. Manufacturers shall, further to a reasoned request from a compet ent national authority, 
provide it with all the information and do cumentation necessary to demonstrate the 
conformity of the electrical equipment, in a language which can be easily understood by that 
authority. They shall cooperate with that auth ority, at its request, on any action taken to 
eliminate the risks posed by electrical equipm ent which they have placed on the market.  
Article 7 [Article R3 of Decision No 768/2008/EC] 
Authorised representatives 
1. A manufacturer may, by a written mandate, appoint an authorised representative. 
The obligations laid down in Article 6(1) and the drawing up of technical documentation shall 
not form part of the author ised representative's mandate. 
2. An authorised representative shall perform the tasks specified in the mandate received from 
the manufacturer. The mandate shall allow the au thorised representative to do at least the 
following: 
(a) keep the EU declaration of conformity and the technical 
documentation at the disposal of na tional surveillance authorities for a EN 20   EN period of 10 years after the electri cal equipment has been placed on 
the market; 
(b) further to a reasoned request from  a competent national authority, 
provide that authority with all the information and documentation 
necessary to demonstrate the conf ormity of electrical equipment; 
(c) cooperate with the competent nation al authorities, at their request, on 
any action taken to eliminate the ri sks posed by electrical equipment 
covered by the authorised representative's mandate. 
Article 8 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers 
1. Importers shall place only compliant electrical equipment on the market. 
2. Before placing electrical equipment on the market importers shall ensure that the 
appropriate conformity assessment procedure ha s been carried out by the manufacturer. They 
shall ensure that the manufacturer has dr awn up the technical doc umentation, that the 
electrical equipment bears the CE marking and is accompanied by the required documents, 
and that the manufacturer has complied with the requirements set out in Article 6(5) and (6). 
Where an importer considers or has reason to believe that electrical equipment is not in 
conformity with Article 3 and Annex I, he sh all not place the electrical equipment on the 
market until it has been brought into conformity. Furthermore, where the electrical equipment 
presents a risk, the importer shall inform th e manufacturer and the market surveillance 
authorities to that effect. 
3. Importers shall indicate their name, registered trade name or registered trade mark and the 
address at which they can be contacted on the electrical equipment or, where that is not 
possible, on its packaging or in a documen t accompanying the electrical equipment.  
4. Importers shall ensure that the electrical eq uipment is accompanied by safety information 
in a language which can be easily understo od by consumers and other end-users, as 
determined by the Member State concerned. 
5. Importers shall ensure that, wh ile electrical equipment is unde r their responsibility, storage 
or transport conditions do not je opardize its compliance with the safety objectives set out in 
Article 3 and Annex I. 
6. When deemed appropriate w ith regard to the risks pres ented by electrical equipment, 
importers shall, to protect the safety of cons umers, carry out sample testing of electrical 
equipment made available on the market, investig ate and, if necessary, keep a register of 
complaints, of non-conforming el ectrical equipment and elect rical equipment recalls, and 
shall keep distributors in formed of such monitoring. 
7. Importers who consider or have  reason to believe that electrical equipment which they have 
placed on the market is not in conformity w ith this Directive shall immediately take the 
corrective measures necessary to bring that electrical equipment into conformity, to withdraw 
it or recall it, if appropriate. Furthermore, where the electrical equi pment presents a risk, 
importers shall immediately inform the competent national authorities of the Member States EN 21   EN in which they made the electrical equipment available to that effect, giving details, in 
particular, of the non-compliance and of any corrective measures taken. 
8. Importers shall, for a period of 10 years afte r the electrical equipment has been placed on 
the market, keep a copy of the EU declaration of  conformity at the di sposal of the market 
surveillance authorities and ensure that the te chnical documentation can be made available to 
those authorities, upon request. 
9. Importers shall, further to a reasoned request  from a competent nati onal authority, provide 
it with all the information and documentation n ecessary to demonstrate the conformity of 
electrical equipment in a la nguage which can be easily under stood by that authority. They 
shall cooperate with that authority, at its re quest, on any action taken to eliminate the risks 
posed by electrical equipment whic h they have placed on the market. 
Article 9[Article R5 of Decision No 768/2008/EC] 
Obligations of distributors 
1. When making electrical equipment available on  the market distributors shall act with due 
care in relation to the requirements of this Directive. 
2. Before making electrical equipment available on the market distributors shall verify that the 
electrical equipment bears the CE marking, that it is accompanied by the safety information in 
a language which can be easily understood by consumers and othe r end-users in the Member 
State in which the electrical equipment is to be made available on th e market, and that the 
manufacturer and the importer ha ve complied with the requirements set out in Article 6(5) 
and 6(6) and Article 8 (3).  
Where a distributor considers or has reason to believe that electrical equipment is not in 
conformity with the requirements set out in Article 3 and Annex I, he shall not make the 
electrical equipment available on the market  until it has been br ought into conformity. 
Furthermore, where the electrical equipment pres ents a risk, the distributor shall inform the 
manufacturer or the importer to that effect as well as the ma rket surveillance authorities. 
3. Distributors shall ensure th at, while electrical equipment is under their responsibility, 
storage or transport conditions do not jeopardis e its compliance with the requirements set out 
in Article 3 and Annex I. 
4. Distributors who consider or have reason to believe that el ectrical equipment which they 
have made available on the market is not in co nformity with this Dire ctive shall make sure 
that the corrective measures necessary to bring that equipment into conformity, to withdraw it 
or recall it, if appropriate, are taken. Furthermore, where the electrical equipment presents a 
risk, distributors shall immediat ely inform the competent nationa l authorities of the Member 
States in which they made the electrical equipm ent available to that ef fect, giving details, in 
particular, of the non-compliance and of any corrective measures taken. 
5. Distributors shall, further to a reasoned request from a competent national authority, 
provide it with all the information and do cumentation necessary to demonstrate the 
conformity of electrical equipment.  They shall cooperate with that  authority, at it s request, on 
any action taken to eliminate the risks posed by  electrical equipment which they have made 
available on the market. 
Article 10 [Article R6 of Decision No 768/2008/EC] EN 22   EN Cases in which obligations of manufactu rers apply to importers and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Directive and he shall be subjec t to the obligations of the ma nufacturer under Article 6, where 
he places electrical equipment on the market  under his name or trademark or modifies 
electrical equipment already pl aced on the market in such a way that compliance with the 
requirements of this Directive may be affected. 
Article 11 [Article R7 of Decision No 768/2008/EC] 
Identification of economic operators 
Economic operators shall, on request, identify the following to the market surveillance 
authorities: 
(a) any economic operator who has supplie d them with electrical equipment; 
(b) any economic operator to whom they have supplied electrical equipment. 
Economic operators shall be able to present the information refe rred to in the first paragraph 
for a period of 10 years after they have been su pplied with the electri cal equipment and for a 
period of 10 years after they have supplied the electrical equipment. 
Chapter 3 
Conformity of the electrical equipment 
Article 12 [Article R8 of Decision No 768/2008/EC] 
Presumption of conformity with harmonised standards  
Electrical equipment which is in  conformity with harmonised st andards or parts thereof the 
references of which have been published in the Official Journal of the European Union  shall 
be presumed to be in conformity with the safety objectives covere d by those standards or 
parts thereof, set out in Article 3 and Annex I.  
[Where a harmonised standard satisfies the requirements which it covers and which are set out 
in Article 3 and Annex I, the Commission shall publish the references of  those standards in 
the Official Journal of  the European Union .] EN 23   EN  
Ð 2006/95 (adapted) 
Ö new 
Article 136  
⌦ Presumption of conformity  with international standards ⌫ 
1. Where harmonised standards as defined  ⌦ referred to ⌫ in Article 125  have not yet  been 
drawn up and published, the Member States shall ta ke all appropriate meas ures to ensure that, 
for the purposes of placing  Ö making available  on the market or free movement as referred 
to in Articles 2 3 and 3 4 respectively, their competent admi nistrative authorities shall also 
regard as complying with the provisions of  Article 32  ⌦ and Annex I ⌫ electrical 
equipment which complies with the safety provi sions of the Internat ional Commission on the 
Rules for the Approval of Electrical Equipment (CEE ) or of  the International Electrotechnical 
Commission (IEC) in respect of which the publ ication procedure laid down in paragraphs  2 
and 3 of this Article has been applied  
2. The safety provisions referred to in paragraph 1 shall be notified to the Member States by 
the Commission as from the entry into force of th is Directive, and thereafter as and when they 
are published . The Commission, after consulting the Me mber States, shall state the provisions 
and in particular the variants wh ich it recommends to be published. 
3. The Member States shall inform the Commis sion within a period of three months of such  
⌦ any ⌫ objections as  they may have to the provisions thus  notified ⌦ in accordance with 
paragraph 2 ⌫, stating the safety grounds on account of  which the provisions should not be 
recognised. 
For purposes of information those  ⌦ the ⌫ safety provisions against which no objection has 
been raised shall be published in the Of ficial Journal of the European Union. 
Article 147  
⌦ Presumption of conformity with national standards ⌫ 
Where harmonised standards within the meaning of  ⌦ referred to in ⌫ Article 5  12 or 
safety provisions published in accordance with  ⌦ referred to in ⌫ Article 6 13 are not yet in 
existence, the Member States shall take all appropriate measures to  ensure that, for the 
purpose of pla cing Ö making available  on the market or free m ovement as referred to in 
Articles 2 3 and 3 4 respectively, their competent administra tive authorities shall also regard as 
complying with the provisions of  Article 2 3⌦ and Annex I ⌫ electrical equipment 
manufactured in accordance with the safety provisions of the standa rds in force in the 
Member State of manufacture, if it ensures a safe ty level equivalent to that required in their 
own territory. EN 24   EN  
Ð 2006/95 
Article  8 
1. Before being placed on the market, the electri cal equipment must have  affixed to it the 
CE marking provided for in Article  10 attesting to its conformity to the provisions of this 
Directive, including the conformity assessmen t procedure described in Annex  IV. 
2. In the event of a challenge, the manufacturer or importer may submit a report, drawn up by 
a body, which is notified in accordance with Article  11, first paragraph, point  (b), on the 
conformity of the electrical equipm ent with the provisions of Article  2. 
3. Where electrical equipment is subject to othe r Directives concerning other aspects which 
also provide for the affixing of the CE marking, the latter shall indicate that the equipment in 
question is also presumed to conform to the provisions of those other Directives.  
However, where one or more of these Directiv es allow the manufacturer, during a transitional 
period, to choose which arrangements to apply, th e CE marking shall in dicate conformity to 
the provisions only  of those Directives applied by the ma nufacturer. In this case, particulars of 
the Directives applied,  as published in the Official Journal of  the European Union,  must be 
given in the documents, notices or instru ctions required by the Directives and accomp anying 
the electrical equipment.  
Article  9 
1. If, for safety reasons, a Member State prohibits  the placing on the mark et of any electrical 
equipment or impedes its free movement, it shall immediately inform the other 
Member  States concerned and the Commiss ion, indicating the grounds for its decision and 
stating in particular:  
 (a) whether its non -conformity with Article  2 is attributable to a shortcoming in the 
harmonised standards re ferred to in Article  5, the provisions referred to in Article  6 
or the sta ndards referred to in Article  7; 
 (b) whether its non -conformity with Article  2 is attributable to faulty application of 
such standards or publications or to failure  to comply with good engineering practice 
as referred to in that Article.  
2. If other Membe r States raise objections to the d ecision referred to in paragraph  1, the 
Commission shall immediately consu lt the Member States concerned.  
3. If an agreement has not been  reached within three months from the date of communication 
of the information as lai d down in paragraph  1, the Commission shall obtain the opinion of 
one of the bodies notified in accordance with Article  11, first paragraph, point  (b), having its 
registered office outside the te rritory of the Member States concerned and which has not been  
involved in the procedure provided for in Article  8. The opinion shall state the extent to which 
the provisions of Article  2 have not been complied with.  EN 25   EN 4. The Commission shall communicate the opini on of the body referred to in paragraph  3 to 
all Member States which may, within a period of one month, make their observations known 
to the Commission. The Commission shall at the same time note any observations by the 
parties concerned on that opinion.  
5. Having taken note of these observations the Commission  shall, if necessary, formulate the 
appropriate recommendations or opinions.  
Article 10  
1. The CE conformity marking referred to in Annex  III shall be affixed by the manufacturer or 
his authorised representative established within the Community to the elec trical equipment or, 
failing that, to the packaging, th e introduction sheet or the guaran tee certificate so as to be 
visible, easily legible and indelible.  
2. The affixing on electrical equipment of any mark ings liable to deceive third parties as to 
the me aning and form of the CE marking shall be prohibited. However, any other marking 
may be affixed to the electrical equipment, its packaging, the instruction sheet or the 
guarantee certificate provided that the visibi lity and legibility of the CE marking is not 
thereby reduced.  
3. Without prejudice to Article  9: 
 (a) where a Member State establishes that  the CE marking has been affixed unduly, 
the manufacturer or his authorised represen tative established within the Community 
shall be obliged to make the elect rical equipment comply as regards the provisions 
concerning the CE marking and to end th e infringement under conditions imposed by 
the Member State;  
 (b) where non -compliance continues, the Member State shall take all appropriate 
measures to restrict or pr ohibit the placing on the market  of the electrical equipment 
in question or to ensure th at it is withdrawn from the market in accordance with 
Article  9. 
Article  11 
Each Member State shall inform the other Member States and the Commission of the 
following:  
 (a) the bodies referred to in Article  5, second paragraph;  
 (b) the bodies which may make a report in accordance with Article  8(2) or give an 
opinion in accordance with Article  9; 
 (c) the publication reference referred to in the second paragraph of Artic le 5. 
Any amendment to the above shall be notif ied by each Member State to the other 
Member  States and to the Commission.  EN 26   EN Article 12  
This Directive shall not apply to electrical equipment intended for export to third countries.  
 
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Article 15 [Article R10 of Decision No 768/2008/EC] 
EU declaration of conformity 
1. The EU declaration of conformity shall state that the fulfilment of the safety objectives set 
out in Article 3 and Annex I has been demonstrated. 
2. The EU declaration of conformity shall have th e model structure set out in Annex IV of this 
Directive, shall contain the elements specified in  the Module A as set out in Annex III of this 
Directive and shall be continuous ly updated. It shall be transl ated into the language or 
languages required by the Member St ate in which market the electr ical equipment is placed or 
made available.   
3. Where the electrical equipment is subject to more than one Union act requiring an EU 
declaration of conformity, a single EU declaratio n of conformity shall be drawn up in respect 
of all such Union acts. That declaration shall contain the identification of the acts concerned 
including the publication references. 
4. By drawing up the EU declaration of c onformity, the manufacturer shall assume 
responsibility for the compliance of the electrical equipment.  
Article 16 [Article R11 of Decision No 768/2008/EC] 
General principles of the CE marking 
The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008. 
Article 17 [Article R12 of Decision No 768/2008/EC] 
Rules and conditions for affixing the CE marking 
1. The CE marking shall be affi xed visibly, legibly and indelibly to the electrical equipment 
or to its data plate. Where that is not possible or not warranted on account of the nature of the 
electrical equipment, it shall be affixed to the packaging and to any accompanying 
documents. 
2. The CE marking shall be affixed before the el ectrical equipment is placed on the market.  EN 27   EN Chapter 4  
Union market surveillance, control of products entering the Union 
market and safeguard procedures  
Article 18 
Union market surveillance and control of  products entering the Union market 
Article 15(3) and Articles 16 to 29 of Regulatio n (EC) No 765/2008 shall apply to electrical 
equipment. 
Article 19 [Article R31 of Decision No 768/2008/EC] 
Procedure for dealing with electrical equipm ent presenting a risk at national level 
1. Where the market surveillance authorities of  one Member State have taken action pursuant 
to Article 20 of Regulation (EC) No 765/2008, or where they have suffici ent reason to believe 
that electrical equipment covered by this Direc tive presents a risk to the safety of persons, 
domestic animals or property, they shall carry out an evaluation in relation to the electrical 
equipment concerned covering all the requirements laid down in this Directive. The relevant 
economic operators shall cooperate as necessary  with the market surveillance authorities. 
Where, in the course of that evaluation, the market surveillance authorities find that the 
electrical equipment does not comp ly with the requirements laid down in this Directive, they 
shall without delay requ ire the relevant economic operator to  take all appropr iate corrective 
action to bring the electrical equipment into co mpliance with those requirements, to withdraw 
the electrical equipment from  the market, or to recall it within a reasonable period, 
commensurate with the nature of th e risk, as they may prescribe. 
Article 21 of Regulation (EC) No 765/2008 shall ap ply to the measures referred to in the 
second subparagraph. 
2. Where the market surveillance authorities consid er that non-compliance is not restricted to 
their national territory, they shall inform the Commission and the other Me mber States of the 
results of the evaluation and of the actions wh ich they have required the economic operator to 
take. 
3. The economic operator shall ensure that all ap propriate corrective acti on is taken in respect 
of electrical equipment concerne d that it has made availabl e on the market throughout the 
Union. 
4. Where the relevant economic op erator does not take adequate  corrective action within the 
period referred to in the second subparagrap h of paragraph 1, the market surveillance 
authorities shall take all appropr iate provisional measures to pr ohibit or restrict the electrical 
equipment's being made available on their na tional market, to wit hdraw the electrical 
equipment from that market or to recall it. EN 28   EN The market surveillance authorities shall inform the Commission and the other Member 
States, without delay, of the measures taken. 
5. The information referred to in paragraph 4 shall include all available details, in particular 
the data necessary for the identification of th e non-compliant electrical equipment, the origin 
of the electrical equipment, th e nature of the non-compliance alleged and the risk involved, 
the nature and duration of the national measures taken a nd the arguments put forward by the 
relevant economic operator. In pa rticular, the market surveillan ce authorities shall indicate 
whether the non-compliance is due to either of the following: 
(a) failure of the electrical equipment to meet  requirements relating to the safety of persons, 
domestic animals or property ; 
(b) shortcomings in the harmonised standards referred to in Article 12 conferring a 
presumption of conformity. 
6. Member States other than the Member Stat e initiating the procedure shall without delay 
inform the Commission and the other Member St ates of any measures adopted and of any 
additional information at thei r disposal relating to the non- compliance of the electrical 
equipment concerned, and, in the event of disagr eement with the notified national measure, of 
their objections. 
7. Where, within two months of  receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member  State or the Commission in respect of a 
provisional measure taken by a Member State,  that measure shall be deemed justified. 
8. Member States shall ensure that appropriate re strictive measures are taken in respect of the 
electrical equipment c oncerned without delay. 
Article 20 [Article R32 of Decision No 768/2008/EC] 
Union safeguard procedure 
1. Where, on completion of the procedure set out  in Article 19(3) and (4), objections are 
raised against a measure taken by a Member State, or where the Commission considers a 
national measure to be contrary to Union le gislation, the Commission shall without delay 
enter into consultation with the Member St ates and the relevant  economic operator or 
operators and shall evaluate th e national measure. On the basis of the results of that 
evaluation, the Commission shall decide whether the national measure is justified or not. 
The Commission shall address it s decision to all Member States and shall immediately 
communicate it to them and the releva nt economic operator or operators. 
2. If the national measure is cons idered justified, all Member St ates shall take the measures 
necessary to ensure that the non-compliant el ectrical equipment is withdrawn from their 
market, and shall inform the Commission accordi ngly. If the national measure is considered 
unjustified, the Member State concer ned shall withdraw the measure. 
3. Where the national measure is considered justified and the non- compliance of the electrical 
equipment is attributed to shortcomings in the harmonised standards referred to in Article 
19(5)(b) of this Directive, the Commission shall apply the procedure provided for in Article 8 
of Regulation (EU) No [../..] [ on European Standardisation].  EN 29   EN Article 21 [Article R33 of Decision No 768/2008/EC] 
Compliant electrical equipment which present a risk to safety 
1. Where, having performed an evaluation under Article 19(1), a Member State finds that 
although electrical equipment is in  compliance with this Directive,  it presents a risk to the 
safety of persons, it shall require the releva nt economic operator to take all appropriate 
measures to ensure that the electrical equi pment concerned, when placed on the market, no 
longer presents that risk, to withdraw the electr ical equipment from the market or to recall it 
within a reasonable period, comme nsurate with the nature of th e risk, as it may prescribe. 
2. The economic operator shall ensure that correc tive action is taken in respect of electrical 
equipment concerned that he has made av ailable on the market throughout the Union. 
3. The Member State shall immediately inform the Commission and the other Member States 
of the corrective action taken. That  information shall include all available details, in particular 
the data necessary for the identification of the electrical equipment concerned, the origin and 
the supply chain of the electrical equipment, the na ture of the risk involved and the nature and 
duration of the national measures taken. 
4. The Commission shall without delay enter into consultation with the Member States and 
the relevant economic operator or operators an d shall evaluate the corrective measures taken. 
On the basis of the results of that evalua tion, the Commission sha ll decide whether the 
measure is justified or not, and where necessary, propose appropriate measures. 
5. The Commission shall address its decision to  all Member States and shall immediately 
communicate it to them and the rele vant economic operator or operators . 
Article 22 [Article R34 of Decision No 768/2008/EC] 
Formal non-compliance 
1. Without prejudice to Article  19, where a Member State makes one of the following 
findings, it shall require the relevant economic operator to put an end to the non-compliance 
concerned: 
(a) the CE marking has been affixed in viol ation of Article 30 of Regulation (EC) No 
765/2008 or of Article 17 of this Directive; 
(b) the CE marking has not been affixed; 
(c) the EU declaration of conf ormity has not been drawn up; 
(d) the EU declaration of conform ity has not been drawn up correctly; 
(e) technical documentation is either  not available or not complete. 
2. Where the non-compliance referred to in paragr aph 1 persists, the Member State concerned 
shall take all appropriate measures to restrict or prohibit the electrical  equipment being made 
available on the market or ensure that it is  recalled or withdrawn from the market. EN 30   EN Chapter 5 
Transitional and final provisions 
Article 23 
Penalties 
Member States shall lay down rules on penalties for economic operators , applicable to 
infringements of the national provisions adopted pursuant to this Directive and shall take all 
measures necessary to ensure that they are enforced.  
The penalties provided for shall be eff ective, proportionate and dissuasive.  
Member States shall notify those provisions to the Commission by [insert date – the date set 
out in the second subparagraph of Article 25(1)] at  the latest and shall notify it without delay 
of any subsequent amendment affecting them. 
Article 24 
Transitional provisions 
Member States shall not impede the making ava ilable on the market of electrical equipment 
covered by Directive 2006/95/EC which is in co nformity with that Directive and which was 
placed on the market before [date set out in  the second subparagraph of Article 25(1)]. 
 
Ð  
Article 25 
Transposition 
1. Member States shall adopt and publish, by [insert date - 2 year s after adoption] at the latest, 
the laws, regulations and admini strative provisions necessary to comply with Articles 2, 3(1), 
6, 7, 8, 9, 10, 11 ,12, 13(1), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 and Annexes III and 
IV . They shall forthwith communicate to the Commission the text of those provisions and a 
correlation table between those pr ovisions and th is Directive. 
They shall apply those provisions from [day after the date set out in the first subparagraph]. 
When Member States adopt those provisions, they  shall contain a refere nce to this Directive 
or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations  and administrative 
provisions to the directive repeal ed by this Directive shall be construed as references to this EN 31   EN Directive. Member States shall determine how such reference is to be made and how that 
statement is to be formulated.  
 
Ð 2006/95 (adapted) 
Article  13 
2. The Member States shall communi cate to the Commission the te xts of the main provisions 
of national laws which they adopt in the field covered by this Directive. 
Article 1 426 
⌦ Repeal  ⌫ 
Directive 73/23/EEC 2006/95/EC  is hereby  repealed ⌦ with effect from [the date set out in 
the second subparagraph of Article  25(1) of this Directive], ⌫ without prejudice to the 
obligations of the Member States relating to the time-limits for transposition into national law 
and application of the Dir ectives set out in Annex  V, Part B of Annex V to Directive 
2006/95/EC . 
References made  to the repealed Directive shall be construed as ⌦ references ⌫ being made  
to this Directive and should  ⌦ shall ⌫ be read in accordance with the correlation table in 
Annex VAnnex  VI. 
Article 2715  
⌦ Entry into force  ⌫ 
 
Ð 2006/95 
This Directive shall enter into force on the tw entieth day following that  of its publication in 
the Official Journal of  the European Union . 
 
Ð  
Articles 1, 3(2), 4, 5, 13 (2) and 13(3) and Annexes I, II and V shall apply from [the date set 
out in the second subparagraph of Article 25(1)].  EN 32   EN  
Ð 2006/95 (adapted) 
Article 2816  
⌦ Addressees ⌫ 
 
Ð 2006/95  
This Directive is addressed to the Member States. 
Done at […], 
For the European Parliament For the Council 
The President The PresidentEN 33   EN  
Ð 2006/95 (adapted) 
ANNEX I  
PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL EQUIPMENT 
DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS  
1. General conditions 
(a) T the essential characteristics, the recognitio n and observance of whic h will ensure that 
electrical equipment will be used safely and in  applications for which it was made, shall be 
marked on the equipment, or, if this is  not possible, on an accompanying notice. ; 
(b) The brand name or the trade mark should be cl early printed on the electrical equipment or, 
where that is not possible, on the packaging . 
(c)(b) Tthe electrical equipment, together with its component parts, shallshould  be made in 
such a way as to ensure that it can be safely and properly assembled and connected. ; 
(d)(c) Tthe electrical equipment shallshould  be so designed and manufactured as to ensure 
that protection against the hazards set out in poi nts 2 and 3 of this Annex is assured, providing 
that the equipment is used in applications for which it was made and is adequately maintained. 
2. Protection against hazards arisi ng from the electrical equipment 
Measures of a techni cal nature shallshould
 be prescribed in accordan ce with point 1, in order 
to ensure: 
 (a) that persons and domestic animals are adequately protected against the danger of 
physical injury or other harm which might be caused by direct or indirect contact; 
 (b) that temperatures, arcs or radiat ion which would cause a danger, are not 
produced; 
 (c) that persons, domestic animals and pr operty are adequately protected against non-
electrical dangers caused by the electr ical equipment which are revealed by 
experience; 
 (d) that the insulation must be su itable for foreseeable conditions. 
3. Protection against hazards which may be cause d by external influences on the electrical 
equipment 
Technical measures are to be laid down in  accordance with point 1, in order to ensure: 
 (a) that the electrical equipment meets the expected mechanical requirements in such 
a way that persons, domestic animals and property are not endangered; EN 34   EN  (b) that the electrical equi pment shall be resistant to non-mechanical influences in 
expected environmental conditions, in such a way that persons, domestic animals and property are not endangered; 
 (c) that the electrical equipment shall not  endanger persons, domestic animals and 
property in foreseeable conditions of overload. EN 35   EN ANNEX II  
EQUIPMENT AND PHENOMENA OUTSIDE THE SCOPE OF THIS DIRECTIVE  
Electrical equipment for use in an explosive atmosphere 
Electrical equipment for radi ology and medical purposes 
Electrical parts for goods  and passenger lifts 
Electricity meters Plugs and socket outlets for domestic use Electric fence controllers Radio-electrical interference Specialised electrical equipment,  for use on ships, aircraft or railways, which complies with 
the safety provisions drawn up by internati onal bodies in which the Member States 
participate.EN 36   EN  
Ð 2006/95  
ANNEX  III 
CE CONFORMITY MARKING AND EC DECLARATION O F CONFORMITY  
A. CE CONFORMITY MARKING  
The CE conformity marking shall consist of the initials ‘CE’ taki ng the following form:  
 
– If the CE marking is reduced or enla rged the proportions given in the above 
graduated drawing must be respected.  
– The various components of the CE marking must have substantially the same vertic al 
dimension, which may not be less than 5  mm. 
B. EC DECLARATION OF CONF ORMITY  
The EC declaration of conformity must contain the following elements:  
– name and address of the manufacturer or hi s authorised representative established 
within the Community,  
– a description of the electrical equipment,  
– reference to the harmonised standards,  
– where appropriate, references to the spec ifications with which conformity is 
declared,  EN 37   EN – identification of the signatory who has b een empowered to enter into commitments 
on behalf  of the manufacturer or his authorised  representative established within the 
Community,  
– the last two digits of the year in  which the CE marking was affixed.  EN 38   EN  
Ø new 
ANNEX III  [Annex II, Module A, of Decision No 768/2008/EC]  
Module A 
Internal production control 
1. Internal production control is the confor mity assessment procedure whereby the 
manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares 
on his sole responsibility that the electrical equipment concer ned satisfy the requirements of 
this Directive. 
2. Technical documentation 
The manufacturer shall estab lish the technical documentation. The documentation shall make 
it possible to assess the electrical equipment's conformity to the relevant requirements, and 
shall include an adequate analysis and assessm ent of the risk(s). The technical documentation 
shall specify the applicable requirements and cove r, as far as relevant for the assessment, the 
design, manufacture and operation of the electri cal equipment. The technical documentation 
shall, wherever applicable, contain at least the following elements: 
– a general description of the electrical equipment , 
– conceptual design and manufact uring drawings and schemes of  components, subassemblies, 
circuits, etc., 
- descriptions and explanati ons necessary for the understandi ng of those drawings and 
schemes and the operation of the electrical equipment , 
– a list of the harmonised standards and/or other relevant technical specifications the 
references of which have been published in the Official Journal of the European Union, 
applied in full or in part, and descriptions of the solutions adopted to meet the safety 
objectives of this Directive where those harmon ised standards have not been applied. In the 
event of partly applied harmoni sed standards, the technical documentation shall specify the 
parts which have been applied, 
– results of design calculations made, examinations carried out, etc., and 
– test reports. 
3. Manufacturing 
The manufacturer shall take all measures necessa ry so that the manufacturing process and its 
monitoring ensure compliance of the electrical  equipment with the technical documentation 
referred to in point 2 and with th e requirements of this Directive. 
4. CE marking and EU declaration of conformity 
4.1. The manufacturer shall affix the CE marking to each individual elect rical equipment that 
satisfies the applicable requirements of this Directive. EN 39   EN 4.2. The manufacturer shall draw up a written EU  declaration of conformity for a product 
model and keep it together w ith the technical documentation at  the disposal of the national 
authorities for ten years after the electrical eq uipment has been placed on the market. The EU 
declaration of conformity shall identify the electrical equipment for which it has been drawn 
up. 
A copy of the EU declaration of conformity shall be made available to the relevant authorities 
upon request. 
5. Authorised representative 
The manufacturer's obligations set out in point 4 may be fulfilled by his authorised 
representative, on his behalf and under his respons ibility, provided that th ey are specified in 
the mandate. EN 40   EN  
Ð 2006/95  
ANNEX IV  
INTERNAL PRODUCTION CONTROL  
1. Internal production control is  the procedure whereby the ma nufacturer or his authorised 
repres entative established within the Community, w ho carries out the oblig ations laid down in 
point 2, ensures and declares th at the electrical equipment satis fies the requirements of this 
Directive that apply to it. The manuf acturer or his authorised representa tive established within 
the Community must affix the CE marking to  each product and draw up a written declaration 
of conformity.  
2. The manufacturer must establish the technical documentation described in point 3 and he or 
his authorised representative est ablished within the Community must keep it on Community 
territory at the disposal of th e relevant national authorities fo r inspection purposes for a period 
ending at least 10 years after the last product has been manufactured.  
Where neither the manufacture r nor his authorised representative is established within the 
Community, this obligation is the responsibility of the pe rson who places the electrical 
equipment on the Community market.  
3. Technical documentation must enable  the conformity of the electrica l equipment to the 
requirements of this Directive to  be assessed. It must, as far as  relevant for such assessment, 
cover the design, manufacture and operation of th e electrical equipment. It must include:  
– a general description of the electrical equipment , 
– conceptual design and manu facturing drawings and schemes of components, sub -
assemblies, circuits, etc.,  
– descriptions and explanations necessary fo r the understanding of said drawings and 
schemes and the operation of the electrical equipment,  
– a list  of the standards applied in full or in part, and descriptions of the solutions 
adopted to satisfy the safety aspects of this Directive where standards have not been applied,  
– results of design calculations made , examinations carried out, etc.,  
– test rep orts. 
4. The manufacturer or his authorised representa tive must keep a copy of the declaration of 
conformity with the te chnical documentation.  
5. The manufacturer must take all measures n ecessary in order that the manufacturing process 
shall ensure complia nce of the manufactured products with the technical documentation 
referred to in point 2 and w ith the requirements of this Directive that apply to the m. EN 41   EN  
Ø new 
ANNEX IV [Annex III of Decision No 768/2008/EC] 
EU DECLARATION OF CONFORMITY 
1. No xxxxxx (unique identification of the electric equipment): 
2. Name and address of the manufacturer or his authorised representative:  
3. This EU declaration of conformity is issued under the sole responsibility of the 
manufacturer:  
4. Object of the declaration (identification of electrical equipmen t allowing traceability . 
It shall include a colour imag e of sufficient clarity to enable the identification of the 
electric equipment).  
5. The object of the declaration described a bove is in conformity with the relevant 
Union harmonisation legislation………:  
6. References to the relevant harmonised standards used, or references to the 
specifications in relation to which conformity is declared: 
7. Additional information: 
Signed for and on behalf of:…………………………. 
(place and date of issue) 
(name, function)(signature) EN 42   EN  
Ð 2006/95 (adapted) 
ANNEX  V 
PART A 
Repealed Directive with its amendment  
Council Directive 73/23/EEC  
Council Directive 93/68/EEC Article  1 
point  12 and Article  13 onl y (OJ L  77, 26.3.1973, p.  29) 
(OJ L  220, 30.8.1993, p.  1) 
PART B 
List of time -limits for transposition into national law and application  
(referred to in Article  14) 
Directive  Time -limit for transposition  Date of application  
73/23/EEC  
93/68/EEC  21 August 197411 
1 July 1994  - 
1 January 199512 
                                                 
11 (1) In the case of Denmark the time -limit was extended to five years, i.e.  21 February 1978. 
See Article  13(1) of Directive  73/23/EEC.  
12 (2) Until 1  January 1997 Member States had to allow the placing on the market and the bringing into 
service of products which comp lied with the marking arrangements in force before 1  January 1995. See 
Article  14(2) of Directive 93/68/EEC.  EN 43   EN  
Ð 2006/95 (adapted) 
ANNEX V I 
Correlation Table 
Directive 73/23/EEC  ⌦ 2006/95/EC ⌫ This Directive 
Articles  1 — 7 
Article  8(1) 
Article  8(2) 
Article  8(3)(a)  
Article  8(3)(b)  
Article  9(1), first indent  
Article 9(1), second indent  
Article  9(2) to (5)  
Article  10 
Article  11, first indent  
Article  11, second indent  
Article  11, third indent  
Article  12 
Article  13(1)  
Article  13(2)  
— 
— 
Article  14 
Annexes  I to IV  
— 
— Articles  1 — 7 
Article  8(1) 
Article  8(2) 
Article  8(3), first subparagraph  
Article  8(3), second subparagraph  
Article  9(1) (a)  
Article  9(1) (b)  
Article  9(2) to (5)  
Article  10 
Article  11(a)  
Article  11(b)  
Article  11(c)  
Article  12 
— 
Article  13 
Article  14 
Article  15 
Article  16 
Annexes  I to IV  
Annex  V 
Annex  VI 
⌦ Article 1 ⌦ Article 1 EN 44   EN Article 2 
Article 3  Article 4 Article 5 Article 6 Article 7 Article 8 (1) Article 8 (2) Article 8 (3) Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Annex I Annex II Annex III Annex IV Annex V⌫ Article 3 
Article 4 Article 5  Article 12 Article 13 Article 14 Article 16 - - Articles 18 to 20 Articles 16 and 17 - - Article 25 (2) Article 26 Article 27 Annex I Annex II Articles 15 and 16 and Annex IV Annex III -⌫