# Directive 2014/35/EU of the European Parliament and of the CouncilShow full title

Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of            the 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)         

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# Directive 2014/35/EU of the European Parliament and of the Council

# of 26 February 2014

# on the harmonisation of the laws of the 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 COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 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 European Economic and Social Committee(1),                        

Acting in accordance with the ordinary legislative procedure(2),                        

Whereas:

(1)A number of amendments 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 electrical equipment designed for use within certain voltage                              limits(3). In the interests of clarity, that Directive should be recast.

(2)Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for                              accreditation and market surveillance relating to the marketing of products(4) lays down rules on the accreditation of conformity assessment bodies, provides a framework for the market surveillance of                              products and for controls on products from third countries, and lays down the general principles of the CE marking.

(3)Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing                              of products(5) lays down common principles and reference provisions intended to apply across sectoral legislation 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.

(4)This Directive covers electrical equipment designed for use within certain voltage limits which is new to the Union market                              when it is placed on the market; that is to say it is either new electrical equipment made by a manufacturer established in                              the Union or electrical equipment, whether new or second-hand, imported from a third country.

(5)This Directive should apply to all forms of supply, including distance selling.

(6)Economic operators should be responsible for the compliance of electrical equipment with this Directive, in relation to their                              respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as health and safety                              of persons, of domestic animals and property, and to guarantee fair competition on the Union market.

(7)All economic operators intervening in the supply and distribution chain should take 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 proportionate distribution of obligations which correspond to the role of each economic operator in the supply                              and distribution chain.

(8)In order to facilitate communication between economic operators, market surveillance authorities and consumers, Member States                              should encourage economic operators to include a website address in addition to the postal address.

(9)The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the conformity                              assessment procedure. Conformity assessment should therefore remain solely the obligation of the manufacturer. There is no                              conformity assessment procedure in this Directive which requires the intervention of a notified body.

(10)It is necessary to ensure that electrical equipment from third countries entering the Union market comply with this Directive,                              and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to                              that electrical equipment. Provision should 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 place on the market electrical equipment                              which does not comply with such requirements or present a risk. Provision should also be made for importers to make sure that                              conformity assessment procedures have been carried out and that marking of electrical equipment and documentation drawn up                              by manufacturers are available for inspection by the competent national authorities.

(11)When placing electrical equipment on the market, every importer should indicate on the electrical equipment his name, registered                              trade name or registered trade mark and the postal address at which he can be contacted. Exceptions should be provided for                              in cases where the size or nature of the electrical equipment does not allow it. This includes cases where the importer would                              have to open the packaging to put his name and address on the electrical equipment.

(12)The distributor makes electrical equipment available on the market after it has been placed on the market by the manufacturer                              or the importer and should act with due care to ensure that its handling of electrical equipment does not adversely affect                              the compliance of the electrical equipment.

(13)Any economic operator that either places electrical equipment on the market under his own name or trade mark or modifies electrical                              equipment in such a way that compliance with this Directive may be affected should be considered to be the manufacturer and                              should assume the obligations of the manufacturer.

(14)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 those authorities with all necessary                              information relating to the electrical equipment concerned.

(15)Ensuring traceability of electrical equipment throughout the whole supply chain helps to make market surveillance simpler                              and more efficient. An efficient traceability system facilitates market surveillance authorities’ task of tracing economic                              operators who made non-compliant electrical equipment available on the market. When keeping the information required under                              this Directive for the identification of other economic operators, economic operators should not be required to update such                              information in respect of other economic operators who have either supplied them with electrical equipment or to whom they                              have supplied electrical equipment.

(16)This Directive should be limited to the expression of the safety objectives. In order to facilitate conformity assessment                              with those objectives it is necessary to provide for a presumption of conformity for electrical equipment which is in conformity                              with harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and                              of the Council of 25 October 2012 on European Standardisation(6) for the purpose of expressing detailed technical specifications of those objectives.

(17)Regulation (EU) No 1025/2012 provides for a procedure for objections to harmonised standards where those standards do not                              entirely satisfy the safety objectives set out in this Directive.

(18)The harmonised standards relevant to this Directive should also take into account the United Nations Convention on the Rights                              of Persons with Disabilities(7).

(19)The free movement of electrical equipment for which harmonised standards do not exist should be achieved by applying the safety                              provisions of the international standards laid down by the International Electrotechnical Commission or by applying national                              standards.

(20)In order to enable economic operators to demonstrate and the competent authorities to ensure that electrical equipment made                              available on the market is in conformity with the safety objectives it is necessary to provide 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 level of safety required. In order to ensure inter-sectoral                              coherence and to avoid ad-hoc variants, conformity assessment procedures should be chosen from among those modules.

(21)Manufacturers should draw up an EU declaration of conformity to provide information required under this Directive on the conformity                              of electrical equipment with this Directive and of other relevant Union harmonisation legislation.

(22)To ensure effective access to information for market surveillance purposes, the information required to identify all applicable                              Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic                              operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

(23)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 marking are set out in Regulation (EC) No 765/2008.                              Rules governing the affixing of the CE marking should be laid down in this Directive.

(24)In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products                              entering the Union market provided for in Regulation (EC) No 765/2008 apply to electrical equipment. This Directive should                              not prevent Member States from choosing the competent authorities to carry out those tasks.

(25)Member States should take all appropriate measures to ensure that electrical equipment may be placed on the market only if,                              when properly stored and used for its intended purpose, or under conditions of use which can be reasonably foreseen, it does                              not endanger the health and safety of persons. Electrical equipment should be considered as non-compliant with the safety                              objectives laid down in this Directive only under conditions of use which can be reasonably foreseen, that is when such use                              could result from lawful and readily predictable human behaviour.

(26)Directive 2006/95/EC already provides for a safeguard procedure which applies only in the event of disagreement between Member                              States over measures taken by a Member State. In order to increase transparency and to reduce processing time, it is necessary                              to improve the existing safeguard procedure, with a view to making it more efficient and drawing on the expertise available                              in Member States.

(27)The existing system should be supplemented by a procedure under which interested parties are informed of measures intended                              to be taken with regard to electrical equipment presenting a risk to the health or safety of persons or domestic animals,                              or to property. It should also allow market surveillance authorities, in cooperation with the relevant economic operators,                              to act at an earlier stage in respect of such electrical equipment.

(28)Where the Member States and the Commission agree as to the justification of a measure taken by a Member State, no further                              involvement of the Commission should be required, except where non-compliance can be attributed to shortcomings of a harmonised                              standard.

(29)In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on                              the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament                              and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member                              States of the Commission’s exercise of implementing powers(8).

(30)The examination procedure should be used for the adoption of implementing acts with respect to compliant electrical equipment                              which presents a risk to the health or safety of persons or to other aspects of public interest protection.

(31)The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to compliant                              electrical equipment which presents a risk to the health or safety of persons, or to domestic animals or to property, imperative                              grounds of urgency so require.

(32)In line with established practice, the committee set up by this Directive can play a useful role in examining matters concerning                              the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its                              rules of procedure.

(33)When matters relating to this Directive, other than its implementation or infringements, are being examined, i.e. in a Commission                              expert group, the European Parliament should in line with existing practice receive full information and documentation and,                              where appropriate, an invitation to attend such meetings.

(34)The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation                              (EU) No 182/2011, determine whether measures taken by Member States in respect of non-compliant electrical equipment are justified                              or not.

(35)Member States should lay down rules on penalties applicable to infringements of provisions of national law adopted pursuant                              to this Directive and ensure that those rules are enforced. The penalties provided for should be effective, proportionate                              and dissuasive.

(36)It is necessary to provide for reasonable transitional arrangements that allow the making available on the market, without                              the need to comply with further product requirements, of electrical equipment which has already been placed on the market                              in accordance with Directive 2006/95/EC before the date of application of national measures transposing this Directive. Distributors                              should therefore be able to supply electrical equipment that has been placed on the market, namely stock that is already in                              the distribution chain, before the date of application of national measures transposing this Directive.

(37)Since the objective of this Directive, namely to ensure that electrical equipment on the market fulfils the safety objectives                              providing for a high level of protection of health and safety of persons, and of domestic animals and property, while guaranteeing                              the functioning of the internal, market cannot be sufficiently achieved by the Member States but can rather, by reason of                              its scale and effects, be better 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 principle of proportionality,                              as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(38)The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive                              amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under                              the earlier Directive.

(39)This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition                              into national law and the dates of application of the Directives set out in Annex V,

HAVE ADOPTED THIS DIRECTIVE:

## CHAPTER 1U.K.**GENERAL PROVISIONS**

### Article 1U.K.Subject matter and scope

The purpose of this Directive is to ensure that electrical equipment on the market fulfils the requirements providing for                     a high level of protection of health and safety of persons, and of domestic animals and property, while guaranteeing the functioning                     of the internal market.                  

This Directive shall apply to electrical equipment designed for use with a voltage rating of between 50 and 1 000 V for alternating                     current and between 75 and 1 500 V for direct current, other than the equipment and phenomena listed in Annex II.                  

### Article 2U.K.Definitions

For the purposes of this Directive, the following definitions shall apply:

‘making available on the market’ means any supply of electrical equipment for distribution, consumption or use on the Union                              market in the course of a commercial activity, whether in return for payment or free of charge;                           

‘placing on the market’ means the first making available of electrical equipment on the Union market;

‘manufacturer’ means any natural or legal person who manufactures electrical equipment or has electrical equipment designed                              or manufactured, and markets that equipment under his name or trade mark;                           

‘authorised representative’ means 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;                           

‘importer’ means any natural or legal person established within the Union who places electrical equipment from a third country                              on the Union market;                           

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes                              electrical equipment available on the market;                           

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by an electrical equipment;

‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;

‘conformity assessment’ means the process demonstrating whether the safety objectives referred to in Article 3 and set out                              in Annex I relating to electrical equipment have been fulfilled;                           

‘recall’ means any measure aimed at achieving the return of electrical equipment that has already been made available to the                              end-user;                           

‘withdrawal’ means any measure aimed at preventing electrical equipment in the supply chain from being made available on the                              market;                           

‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products;

‘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 providing for its affixing.                           

### Article 3U.K.Making available on the market and safety objectives

Electrical equipment may be made available on the Union market only if, having been constructed in accordance with good engineering                     practice in safety matters in force in the Union, it does not endanger the health and safety of persons and domestic animals,                     or property, when properly installed and maintained and used in applications for which it was made.                  

The principal elements of the safety objectives are listed in Annex I.

### Article 4U.K.Free movement

The Member States shall not impede, for the aspects covered by this Directive, the making available on the market of electrical                     equipment which complies with this Directive.                  

### Article 5U.K.Supply of electricity

In relation to electrical equipment, the Member States shall ensure that stricter safety requirements than the safety objectives                     referred to in Article 3 and set out in Annex I are not imposed by electricity supply bodies for connection to the grid, or                     for the supply of electricity to users of electrical equipment.                  

## CHAPTER 2U.K.**OBLIGATIONS OF ECONOMIC OPERATORS**

### Article 6U.K.Obligations of manufacturers

1.When placing their electrical equipment on the market, manufacturers shall ensure that it has been designed and manufactured                        in accordance with the safety objectives referred to in Article 3 and set out in 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 safety objectives referred to in Article 3 and set out in Annex I has been                     demonstrated by the conformity assessment 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 referred to in Annex III and the EU declaration of conformity for 10                        years after the electrical equipment has been placed on the market.                  

4.Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive.                        Changes in product design or characteristics and changes in the harmonised standards referred to in Article 12, the international                        or national standards referred to in Articles 13 and 14, or in other technical specifications by reference to which conformity                        of electrical equipment is declared shall be adequately taken into account.                  

When deemed appropriate with regard to the risks presented by electrical equipment, manufacturers shall, to protect the health                     and safety of consumers, carry out sample testing of electrical equipment made available on the market, investigate, and,                     if necessary, keep a register of complaints, of non-conforming electrical equipment and electrical equipment recalls, and                     shall keep distributors informed of any such monitoring.                  

5.Manufacturers shall ensure that electrical equipment which they have placed on the market bears 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 its packaging or in a document accompanying the electrical equipment.                  

6.Manufacturers shall indicate on the electrical equipment their name, registered trade name or registered trade mark and the                        postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying                        the electrical equipment. The address shall indicate a single point at which the manufacturer can be contacted. The contact                        details shall be in a language easily understood by end-users and market surveillance authorities.                  

7.Manufacturers shall ensure that the electrical equipment is accompanied by instructions and safety information in a language                        which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions                        and safety information, as well as any labelling, shall be clear, understandable and intelligible.                  

8.Manufacturers who consider or have reason to believe that electrical equipment which they have placed on the market is not                        in conformity with 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 equipment presents a risk,                        manufacturers shall immediately inform the competent national authorities of the Member States in which they made the electrical                        equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective                        measures taken.                  

9.Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information                        and documentation in paper or electronic form necessary to demonstrate the conformity of the electrical equipment with this                        Directive, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its                        request, on any action taken to eliminate the risks posed by electrical equipment which they have placed on the market.                  

### Article 7U.K.Authorised representatives

1.A manufacturer may, by a written mandate, appoint an authorised representative.                  

The obligations laid down in Article 6(1) and the obligation to draw up technical documentation referred to in Article 6(2)                     shall not form part of the authorised representative’s mandate.                  

2.An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate                        shall allow the authorised representative to do at least the following:                  

(a)keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities                        for 10 years after the electrical 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 conformity of electrical equipment;                  

(c)cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by electrical                        equipment covered by the authorised representative’s mandate.                  

### Article 8U.K.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                        has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation,                        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 the safety objectives                     referred to in Article 3 and set out in Annex I, he shall 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 the manufacturer                     and the market surveillance authorities to that effect.                  

3.Importers shall indicate on the electrical equipment their name, registered trade name or registered trade mark and the postal                        address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the                        electrical equipment. The contact details shall be in a language easily understood by end-users and market surveillance authorities.                  

4.Importers shall ensure that the electrical equipment is accompanied by instructions and safety information in a language which                        can be easily understood by consumers and other end-users, as determined by the Member State concerned.                  

5.Importers shall ensure that, while electrical equipment is under their responsibility, its storage or transport conditions                        do not jeopardise its compliance with the safety objectives referred to in Article 3 and set out in Annex I.                  

6.When deemed appropriate with regard to the risks presented by electrical equipment, importers shall, to protect the health                        and safety of consumers, carry out sample testing of electrical equipment made available on the market, investigate and, if                        necessary, keep a register of complaints, of non-conforming electrical equipment and electrical equipment recalls, and shall                        keep distributors informed of any 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 with 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 equipment presents a risk,                        importers shall immediately inform the competent national authorities of the Member States in which they made the electrical                        equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective                        measures taken.                  

8.Importers shall, for 10 years after the electrical equipment has been placed on the market, keep a copy of the EU declaration                        of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made                        available to those authorities, upon request.                  

9.Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and                        documentation in paper or electronic form necessary to demonstrate the conformity of electrical equipment in a language which                        can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken                        to eliminate the risks posed by electrical equipment which they have placed on the market.                  

### Article 9U.K.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 required documents and by instructions and safety information in a language which                        can be easily understood by consumers and other end-users in the Member State in which the electrical equipment is to be made                        available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article                        6(5) and (6) and Article 8(3) respectively.                  

Where a distributor considers or has reason to believe that electrical equipment is not in conformity with the safety objectives                     referred to in Article 3 and set out in Annex I, he shall not make the electrical equipment available on the market until                     it has been brought into conformity. Furthermore, where the electrical equipment presents a risk, the distributor shall inform                     the manufacturer or the importer to that effect as well as the market surveillance authorities.                  

3.Distributors shall ensure that, while electrical equipment is under their responsibility, its storage or transport conditions                        do not jeopardise its compliance with the safety objectives referred to in Article 3 and set out in Annex I.                  

4.Distributors who consider or have reason to believe that electrical equipment which they have made available on the market                        is not in conformity with this Directive 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 immediately inform the competent national authorities of the Member States in which they made the                        electrical equipment available on the market to that effect, 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 documentation in paper or electronic form necessary to demonstrate the conformity of electrical equipment. They shall                        cooperate with that authority, at its request, on any action taken to eliminate the risks posed by electrical equipment which                        they have made available on the market.                  

### Article 10U.K.Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Directive and he shall be subject to                     the obligations of the manufacturer under Article 6, where he places electrical equipment on the market under his name or                     trade mark or modifies electrical equipment already placed on the market in such a way that compliance with this Directive                     may be affected.                  

### Article 11U.K.Identification of economic operators

Economic operators shall, on request, identify the following to the market surveillance authorities:

any economic operator who has supplied them with electrical equipment;

any economic operator to whom they have supplied electrical equipment.

Economic operators shall be able to present the information referred to in the first paragraph for 10 years after they have                     been supplied with the electrical equipment and for 10 years after they have supplied the electrical equipment.                  

## CHAPTER 3U.K.**CONFORMITY OF THE ELECTRICAL EQUIPMENT**

### Article 12U.K.Presumption of conformity on the basis of harmonised standards

Electrical equipment which is in conformity with harmonised standards 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 referred to in Article 3 and set out in Annex I covered                     by those standards or parts thereof.                  

### Article 13U.K.Presumption of conformity on the basis of international standards

1.Where harmonised standards referred to in Article 12 have not been drawn up and published, the Member States shall take all                        appropriate measures to ensure that, for the purposes of making available on the market or free movement as referred to in                        Articles 3 and 4 respectively, their competent authorities shall also regard as complying with the safety objectives referred                        to in Article 3 and set out in Annex I electrical equipment which complies with the safety provisions of the international                        standards set out by the International Electrotechnical Commission (IEC) in respect of which the publication 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. The Commission,                        after consulting the Member States, shall state the safety provisions and in particular the variants thereof which it recommends                        to be published.                  

3.The Member States shall inform the Commission within a period of three months of any objections they may have to the safety                        provisions notified in accordance with paragraph 2, stating the safety grounds on account of which the provisions should not                        be recognised.                  

For purposes of information the references of the safety provisions against which no objection has been raised shall be published                     in the *Official Journal of the European Union*.                  

### Article 14U.K.Presumption of conformity on the basis of national standards

Where harmonised standards referred to in Article 12 have not been drawn up and published and international standards referred                     to in Article 13 have not been published, the Member States shall take all appropriate measures to ensure that, for the purpose                     of making available on the market or free movement as referred to in Articles 3 and 4 respectively, their competent authorities                     shall also regard as complying with the safety objectives referred to in Article 3 and set out in Annex I electrical equipment                     manufactured in accordance with the safety provisions of the standards in force in the Member State of manufacture, if it                     ensures a safety level equivalent to that required in their own territory.                  

### Article 15U.K.EU declaration of conformity

1.The EU declaration of conformity shall state that the fulfilment of the safety objectives referred to in Article 3 and set                        out in Annex I has been demonstrated.                  

2.The EU declaration of conformity shall have the model structure set out in Annex IV, shall contain the elements specified                        in Module A as set out in Annex III and shall be continuously updated. It shall be translated into the language or languages                        required by the Member State in which the electrical equipment is placed or made available on the market.                  

3.Where electrical equipment is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration                        of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the                        Union acts concerned including their publication references.                  

4.By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the electrical                        equipment with the requirements laid down in this Directive.                  

### Article 16U.K.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 17U.K.Rules and conditions for affixing the CE marking

1.The CE marking shall be affixed 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 the accompanying documents.                  

2.The CE marking shall be affixed before the electrical equipment is placed on the market.                  

3.Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and                        shall take appropriate action in the event of improper use of that marking.                  

## CHAPTER 4U.K.**UNION MARKET SURVEILLANCE, CONTROL OF ELECTRICAL EQUIPMENT ENTERING THE UNION MARKET AND UNION SAFEGUARD PROCEDURE**

### Article 18U.K.Union market surveillance and control of electrical equipment entering the Union market

Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to electrical equipment.

### Article 19U.K.Procedure for dealing with electrical equipment presenting a risk at national level

1.Where the market surveillance authorities of one Member State have sufficient reason to believe that electrical equipment                        covered by this Directive presents a risk to the health or safety of persons or domestic animals, or to property, they shall                        carry out an evaluation in relation to the electrical equipment concerned covering all relevant requirements laid down in                        this Directive. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for                        that purpose.                  

Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that                     the electrical equipment does not comply with the requirements laid down in this Directive, they shall without delay require                     the relevant economic operator to take all appropriate corrective actions to bring the electrical equipment into compliance                     with those requirements, to withdraw the electrical equipment from the market, or to recall it within a reasonable period,                     commensurate with the nature of the risk, as they may prescribe.                  

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.

2.Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they                        shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have                        required the economic operator to take.                  

3.The economic operator shall ensure that all appropriate corrective action is taken in respect of electrical equipment concerned                        that it has made available on the market throughout the Union.                  

4.Where the relevant economic operator does not take adequate corrective action within the period referred to in the second                        subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit                        or restrict the electrical equipment’s being made available on their national market, to withdraw the electrical equipment                        from that market or to recall it.                  

The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.

5.The information referred to in the second subparagraph of paragraph 4 shall include all available details, in particular the                        data necessary for the identification of the non-compliant electrical equipment, the origin of the electrical equipment, the                        nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the                        arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate                        whether the non-compliance is due to either of the following:                  

(a)failure of the electrical equipment to meet the safety objectives referred to in Article 3 and set out in Annex I relating                        to the health or safety of persons or domestic animals, or to property; or                  

(b)shortcomings in the harmonised standards referred to in Article 12 or in the international or national standards referred                        to in Articles 13 and 14 conferring a presumption of conformity.                  

6.Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission                        and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance                        of the electrical equipment concerned, and, in the event of disagreement with the adopted national measure, of their objections.                  

7.Where, within three months of receipt of the information referred to in the second subparagraph of 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 restrictive measures are taken in respect of the electrical equipment concerned                        such as withdrawal of the electrical equipment from the market, without delay.                  

### Article 20U.K.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 legislation, the Commission shall                        without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate                        the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining                        whether the national measure is justified or not.                  

The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant                     economic operator or operators.                  

2.If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant                        electrical equipment is withdrawn from their market, and shall inform the Commission accordingly. If the national measure                        is considered unjustified, the Member State concerned shall withdraw that 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 point (b) of Article 19(5) of this Directive, the Commission shall apply the procedure                        provided for in Article 11 of Regulation (EU) No 1025/2012.                  

### Article 21U.K.Compliant electrical equipment which presents a risk

1.Where, having carried out 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 health or safety of persons, or to domestic animals or to property                        it shall require the relevant economic operator to take all appropriate measures to ensure that the electrical equipment concerned,                        when placed on the market, no longer presents that risk, to withdraw the electrical equipment from the market or to recall                        it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.                  

2.The economic operator shall ensure that corrective action is taken in respect of all electrical equipment concerned that he                        has made available on the market throughout the Union.                  

3.The Member State shall immediately inform the Commission and the other Member States. 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 nature 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                        and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide                        by means of implementing acts whether the national measure is justified or not, and where necessary, propose appropriate measures.                  

The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination                     procedure referred to in Article 23(2).                  

On duly justified imperative grounds of urgency relating to the protection of health and safety of persons, or of domestic                     animals or of property, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure                     referred to in Article 23(3).                  

5.The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant                        economic operator or operators.                  

### Article 22U.K.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 violation 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 conformity has not been drawn up;                  

(d)the EU declaration of conformity has not been drawn up correctly;                  

(e)technical documentation is either not available or not complete;                  

(f)the information referred to in Article 6(6) or Article 8(3) is absent, false or incomplete;                  

(g)any other administrative requirement provided for in Article 6 or Article 8 is not fulfilled.                  

2.Where the non-compliance referred to in paragraph 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.                  

## CHAPTER 5U.K.**COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS**

### Article 23U.K.Committee procedure

1.The Commission shall be assisted by the Committee on Electrical Equipment. That committee shall be a committee within the                        meaning of Regulation (EU) No 182/2011.                  

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

3.Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof,                        shall apply.                  

4.The committee shall be consulted by the Commission on any matter for which consultation of sectoral experts is required by                        Regulation (EU) No 1025/2012 or by any other Union legislation.                  

The committee may furthermore examine any other matter concerning the application of this Directive raised either by its chair                     or by a representative of a Member State in accordance with its rules of procedure.                  

### Article 24U.K.Penalties

Member States shall lay down rules on penalties, applicable to infringements by economic operators of the provisions of national                     law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules                     may include criminal penalties for serious infringements.                  

The penalties provided for shall be effective, proportionate and dissuasive.

### Article 25U.K.Transitional provisions

Member States shall not impede the making available on the market of electrical equipment covered by Directive 2006/95/EC                     which is in conformity with that Directive and which was placed on the market before 20 April 2016.                  

### Article 26U.K.Transposition

1.Member States shall adopt and publish, by 19 April 2016, the laws, regulations and administrative provisions necessary to                        comply with Article 2, the first paragraph of Article 3, Article 4, Articles 6 to 12, Article 13(1), Articles 14 to 25 and                        Annexes II, III and IV. They shall forthwith communicate the text of those measures to the Commission.                  

They shall apply those measures from 20 April 2016.

When Member States adopt those measures, they shall contain a reference 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 repealed by this Directive shall be construed as references to this Directive.                     Member States shall determine how such reference is to be made and how that statement is to be formulated.                  

2.Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the                        field covered by this Directive.                  

### Article 27U.K.Repeal

Directive 2006/95/EC is repealed with effect from 20 April 2016, without prejudice to the obligations of the Member States                     relating to the time-limits for transposition into national law and the dates of application of the Directives set out in                     Annex V.                  

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with                     the correlation table in Annex VI.                  

### Article 28U.K.Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

Article 1, the second paragraph of Article 3, Article 5, Article 13(2) and (3) and Annexes I, V and VI shall apply from 20                     April 2016.                  

### Article 29U.K.Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 26 February 2014.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

D. Kourkoulas                            

## ANNEX IU.K.PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL EQUIPMENT DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS

### 1.**General conditions**U.K.

#### (a)the essential characteristics, the recognition and observance of which will ensure that electrical equipment will be used                        safely and in applications for which it was made, shall be marked on the electrical equipment, or, if this is not possible,                        on an accompanying document;U.K.

#### (b)the electrical equipment, together with its component parts, shall be made in such a way as to ensure that it can be safely                        and properly assembled and connected;U.K.

#### (c)the electrical equipment shall be so designed and manufactured as to ensure that protection against the hazards set out in                        points 2 and 3 is assured, providing that the equipment is used in applications for which it was made and is adequately maintained.U.K.

### 2.**Protection against hazards arising from the electrical equipment**U.K.

Measures of a technical nature shall be laid down in accordance with point 1, in order to ensure 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;                           

temperatures, arcs or radiation which would cause a danger, are not produced;

persons, domestic animals and property are adequately protected against non-electrical dangers caused by the electrical equipment                              which are revealed by experience;                           

the insulation is suitable for foreseeable conditions.

### 3.**Protection against hazards which may be caused by external influences on the electrical equipment**U.K.

Technical measures shall be laid down in accordance with point 1, in order to ensure that the electrical equipment:

meets the expected mechanical requirements in such a way that persons, domestic animals and property are not endangered;

is resistant to non-mechanical influences in expected environmental conditions, in such a way that persons, domestic animals                              and property are not endangered;                           

does not endanger persons, domestic animals and property in foreseeable conditions of overload.

## ANNEX IIU.K.EQUIPMENT AND PHENOMENA OUTSIDE THE SCOPE OF THIS DIRECTIVE

Electrical equipment for use in an explosive atmosphere

Electrical equipment for radiology 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 international bodies in which the Member States participate.                  

Custom built evaluation kits destined for professionals to be used solely at research and development facilities for such                     purposes.                  

## ANNEX IIIU.K.MODULE A

### **Internal production control**U.K.

#### 1.Internal production control is the conformity 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 concerned satisfy                        the requirements of this Directive that apply to it.U.K.

#### 2.**Technical documentation**U.K.

The manufacturer shall establish 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 assessment of the risk(s).                     The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the                     design, manufacture and operation of the electrical equipment. The technical documentation shall, where applicable, contain                     at least the following elements:                  

a general description of the electrical equipment;

conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the electrical                              equipment;                           

a list of the harmonised standards applied in full or in part the references of which have been published in the *Official Journal of the European Union* or international or national standards referred to in Articles 13 and 14 and, where those harmonised standards or international                              or national standards have not been applied, descriptions of the solutions adopted to meet the safety objectives of this Directive,                              including a list of other relevant technical specifications applied. In the event of partly applied harmonised standards or                              international or national standards referred to in Articles 13 and 14, 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**U.K.

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance                     of the manufactured electrical equipment with the technical documentation referred to in point 2 and with the requirements                     of this Directive that apply to it.                  

#### 4.**CE marking and EU declaration of conformity**U.K.

##### 4.1.The manufacturer shall affix the CE marking to each individual electrical equipment that satisfies the applicable requirements                        of this Directive.U.K.

##### 4.2.The manufacturer shall draw up a written EU declaration of conformity for a product model and keep it together with the technical                        documentation at the disposal of the national market surveillance authorities for 10 years after the electrical equipment                        has been placed on the market. The EU declaration of conformity shall identify the electrical equipment for which it has been                        drawn up.U.K.

A copy of the EU declaration of conformity shall be made available to the relevant market surveillance authorities upon request.

#### 5.**Authorised representative**U.K.

The manufacturer’s obligations set out in point 4 may be fulfilled by his authorised representative, on his behalf and under                     his responsibility, provided that they are specified in the mandate.                  

## ANNEX IVU.K.EU DECLARATION OF CONFORMITY (No XXXX)(9) 

### 1.Product model/product (product, type, batch or serial number):U.K.

### 2.Name and address of the manufacturer or his authorised representative:U.K.

### 3.This declaration of conformity is issued under the sole responsibility of the manufacturer.U.K.

### 4.Object of the declaration (identification of electrical equipment allowing traceability; it may include a colour image of                        sufficient clarity where necessary for the identification of the electrical equipment):U.K.

### 5.The object of the declaration described above is in conformity with the relevant Union harmonisation legislation:U.K.

### 6.References to the relevant harmonised standards used or references to the other technical specifications in relation to which                        conformity is declared:U.K.

### 7.Additional information:U.K.

Signed for and on behalf of:

(place and date of issue):

(name, function) (signature):

## ANNEX VU.K.

### **Time-limits for transposition into national law and dates of application of the Directives set out in Part B of Annex V to                           Directive 2006/95/EC**

**(referred to in Article 27)**

## ANNEX VIU.K.

### CORRELATION TABLE

U.K.

# STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and in so far as implementing acts in the sense of Regulation (EU) No 182/2011                           are discussed in meetings of committees, can the latter be considered as ‘comitology committees’ within the meaning of Annex                           I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees                           thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.                        

1

OJ C 181, 21.6.2012, p. 105.                           

2

Position of the European Parliament of of 5 February 2014 (not yet published in the Official Journal) and decision of the                              Council of 20 February 2014.                           

3

OJ L 374, 27.12.2006, p. 10. Directive 2006/95/EC is the codification of Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the                              laws of Member States relating to electrical equipment designed for use within certain voltage limits (OJ L 77, 26.3.1973, p. 29).                           

4

OJ L 218, 13.8.2008, p. 30.                           

5

OJ L 218, 13.8.2008, p. 82.                           

6

OJ L 316, 14.11.2012, p. 12.                           

7

Approved by Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United                              Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).                           

8

OJ L 55, 28.2.2011, p. 13.                           

9

It is optional for the manufacturer to assign a number to the declaration of conformity.