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 (codified version)   (Text with EEA relevance)
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: EC conformity marking, codification of EU law, electrical equipment, harmonisation of standards, safety standard, technical standard

L 374/10

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Official Journal of the European Union

27.12.2006

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

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

(5) Certain Member States carry out administrative operations
to approve standards. Such approval neither affects the
technical content of the standards in any way nor limits
their conditions of use. Such approval cannot therefore alter
the
from a Community point of view, of
harmonised and published standards.

effects,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1) Council Directive 73/23/EEC of 19 February 1973 on the
harmonisation of the laws of Member States relating to
electrical equipment designed for use within certain voltage
limits (3) has been substantially amended (4). In the interests
of clarity and rationality the said Directive should be
codified.

(2)

(3)

(4)

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.

In certain Member States in respect of certain electrical
equipment,
the form of
preventive and repressive measures by means of binding
provisions.

the safety legislation takes

In other Member States in order to achieve the same
objective, the safety legislation provides for reference to
technical standards laid down by Standards Bodies. Such a
system offers the advantage of rapid adjustment to technical
progress without neglecting safety requirements.

(6) Within the Community, the free movement of electrical
equipment should follow when this equipment complies
with certain safety requirements recognised in all Mem-
ber States. Without prejudice to any other form of proof,
the proof of compliance with these requirements may be
established by reference 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 inconveniences resulting
from differences between national standards.

(7) Without prejudice to any other

form of proof,

the
compliance of electrical equipment with the harmonised
standards may be presumed from the affixing or issue of
marks or certificates by the competent organisations or, in
the absence thereof, from a manufacturer's declaration of
compliance. In order to facilitate the removal of barriers to
trade, the Member States should recognise such marks or
certificates or such declaration as elements of proof. With
this end in view, the said marks or certificates should be
publicised in particular by their publication in the Official
Journal of the European Union.

(8) As a transitional measure, the free movement of electrical
equipment for which harmonised standards do not yet exist
may be achieved by applying the safety provisions or
standards already laid down by other international bodies
or by one of
the bodies which establish harmonised
standards.

(1) OJ C 10, 14.1.2004, p. 6.
(2) Opinion of the European Parliament of 21 October 2003 (OJ C 82 E,
1.4.2004, p. 68) and Decision of the Council of 14 November 2006.
(3) OJ L 77, 26.3.1973, p. 29. Directive as amended by Directive 93/68/

EEC (OJ L 220, 30.8.1993, p. 1).

(4) See Annex V, Part A.

(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.

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Official Journal of the European Union

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(10) Council Decision 93/465/EEC (1) establishes the modules
for
the conformity assessment
procedures which are intended to be used in the technical
harmonisation Directives.

the various phases of

(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.

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, first paragraph,
point
(a), and published under national procedures. The
standards shall be kept up to date in the light of technological
progress and the developments in good engineering practice in
safety matters.

(12) 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 Annex V, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive, ‘electrical equipment’ means
any 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 2

1. The Member States shall take all appropriate measures to
ensure that electrical equipment may be placed on the market
only if, having been constructed in accordance with good
engineering practice in safety matters in force in the Community,
it does not endanger the safety of persons, domestic animals or
property when properly installed and maintained and used in
applications for which it was made.

2. The principal elements of the safety objectives referred to in
paragraph 1 are listed in Annex I.

Article 3

The Member States shall take all appropriate measures to ensure
that if electrical equipment is of such a nature as to comply with
the provisions of Article 2, subject to the conditions laid down in
Articles 5, 6, 7 or 8, the free movement thereof within the
Community shall not be impeded for reasons of safety.

Article 4

In relation to electrical equipment, the Member States shall
ensure that stricter safety requirements than those laid down in
Article 2 are not
imposed by electricity supply bodies for
connection to the grid, or for the supply of electricity to users of
electrical equipment.

For purposes of information the list of harmonised standards
and their references shall be published in the Official Journal of the
European Union.

Article 6

1. Where harmonised standards as defined in Article 5 have
not yet been drawn up and published, the Member States shall
take all appropriate measures to ensure that, for the purposes of
placing on the market or free movement as referred to in
Articles 2 and 3 respectively, their competent administrative
authorities shall also regard as complying with the provisions of
Article 2 electrical equipment which complies with the safety
provisions of the International Commission on the Rules for the
Approval of Electrical Equipment (CEE) or of the International
Electrotechnical Commission (IEC)
in respect of which the
publication procedure laid down in paragraphs 2 and 3 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 this Directive, and thereafter as and when they
are published. The Commission, after consulting the Member
States, shall state the provisions and in particular the variants
which it recommends to be published.

3. The Member States shall inform the Commission within a
period of three months of such objections as they may have to
the provisions thus notified, stating the safety grounds on
account of which the provisions should not be recognised.

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

Article 5

Article 7

The Member States shall take all appropriate measures to ensure
that, in particular, electrical equipment which complies with the
safety provisions of harmonised standards shall be regarded by
their competent administrative authorities 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.

(1) Council Decision 93/465/EEC of 22 July 1993 concerning the
the conformity assessment
modules for the various phases of
procedures and the rules for the affixing and use of
the CE
conformity marking, which are intended to be used in the technical
harmonisation directives (OJ L 220, 30.8.1993, p. 23).

Where harmonised standards within the meaning of Article 5 or
safety provisions published in accordance with Article 6 are not
yet in existence, the Member States shall take all appropriate
measures to ensure that, for the purpose of placing on the
market or free movement as referred to in Articles 2 and 3
respectively, their competent administrative authorities shall also
regard as complying with the provisions of Article 2 electrical
equipment manufactured in accordance with the safety provi-
the standards in force in the Member State of
sions of
to that
it ensures a safety level equivalent
if
manufacture,
required in their own territory.

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Official Journal of the European Union

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Article 8

1. Before being placed on the market, the electrical 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 assessment procedure described in
Annex IV.

In the event of a challenge, the manufacturer or importer
2.
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 equipment with the provisions of
Article 2.

3. Where electrical equipment is subject to other 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 Directives allow the
manufacturer, during a transitional period, to choose which
arrangements to apply, the CE marking shall indicate conformity
to the provisions only of
those Directives applied by the
manufacturer. 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 instructions required by the
Directives and accompanying the electrical equipment.

Article 9

1.
If, for safety reasons, a Member State prohibits the placing
on the market of any electrical equipment or impedes its free
movement, it shall immediately inform the other Member States
concerned and the Commission, 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 referred to in
Article 5, the provisions referred to in Article 6 or the
standards referred to in Article 7;

4. The Commission shall communicate the opinion 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 electrical equipment or,
failing that, to the packaging, the introduction sheet or the
guarantee certificate so as to be visible, easily legible and
indelible.

2. The affixing on electrical equipment of any markings liable
to deceive third parties as to the meaning 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 visibility 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
representative established within the Community shall be
obliged to make the electrical equipment comply as regards
the provisions concerning the CE marking and to end the
infringement under conditions imposed by the Member
State;

(b) where non-compliance continues, the Member State shall
take all appropriate measures to restrict or prohibit the
placing on the market of
in
question or to ensure that it is withdrawn from the market
in accordance with Article 9.

the electrical equipment

Article 11

(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.

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;

2.
If other Member States raise objections to the decision
referred to in paragraph 1, the Commission shall immediately
consult the Member States concerned.

3.
If an agreement has not been reached within three months
from the date of communication of the information as laid down
in paragraph 1, the Commission shall obtain the opinion of one
of
first
the bodies notified in accordance with Article 11,
paragraph, point (b), having its registered office outside the
territory 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.

(b)

(c)

the bodies which may make a report in accordance with
Article 8(2) or give an opinion in accordance with Article 9;

the publication reference referred to in the second
paragraph of Article 5.

Any amendment to the above shall be notified by each Member
State to the other Member States and to the Commission.

Article 12

This Directive shall not apply to electrical equipment intended
for export to third countries.

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Article 13

Article 15

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

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

Article 14

Directive 73/23/EEC is hereby repealed 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 Annex V, Part B.

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

This Directive is addressed to the Member States.

Article 16

Done at Strasbourg, 12 December 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

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Official Journal of the European Union

27.12.2006

Principal Elements of the Safety Objectives for Electrical Equipment Designed For Use within Certain Voltage
Limits

ANNEX I

1.

General conditions

(a)

(b)

(c)

(d)

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 equipment, or, if this is not
possible, on an accompanying notice.

The brand name or the trade mark should be clearly printed on the electrical equipment or, where that is not
possible, on the packaging.

The electrical equipment, together with its component parts, should be made in such a way as to ensure that it
can be safely and properly assembled and connected.

The electrical equipment should be so designed and manufactured as to ensure that protection against the
hazards set out in points 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 arising from the electrical equipment

Measures of a technical nature should be prescribed in accordance 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 radiation which would cause a danger, are not produced;

(c)

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

(d)

that the insulation must be suitable for foreseeable conditions.

3.

Protection against hazards which may be caused by external influences on the electrical equipment

Technical measures are to be laid down in accordance with point 1, in order to ensure:

(a)

(b)

(c)

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

that the electrical equipment shall be resistant to non-mechanical
conditions, in such a way that persons, domestic animals and property are not endangered;

influences in expected environmental

that the electrical equipment shall not endanger persons, domestic animals and property in foreseeable
conditions of overload.

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ANNEX II

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.

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Official Journal of the European Union

27.12.2006

ANNEX III

Ce Conformity Marking And EC Declaration of Conformity

A.

CE conformity marking

The CE conformity marking shall consist of the initials ‘CE’ taking the following form:

— If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be

respected.

— The various components of the CE marking must have substantially the same vertical dimension, which may

not be less than 5 mm.

B.

EC declaration of conformity

The EC declaration of conformity must contain the following elements:

— name and address of the manufacturer or his authorised representative established within the Community,

— a description of the electrical equipment,

— reference to the harmonised standards,

— where appropriate, references to the specifications with which conformity is declared,

— identification of the signatory who has been 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.

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ANNEX IV

Internal Production Control

1.

2.

3.

4.

5.

Internal production control is the procedure whereby the manufacturer or his authorised representative established
within the Community, who carries out the obligations laid down in point 2, ensures and declares that the electrical
equipment satisfies the requirements of
this Directive that apply to it. The manufacturer or his authorised
representative established within the Community must affix the CE marking to each product and draw up a written
declaration of conformity.

The manufacturer must establish the technical documentation described in point 3 and he or his authorised
representative established within the Community must keep it on Community territory at the disposal of the relevant
national authorities for inspection purposes for a period ending at least 10 years after the last product has been
manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, this
obligation is the responsibility of the person who places the electrical equipment on the Community market.

Technical documentation must enable the conformity of the electrical 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 the
electrical equipment. It must include:

— 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 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 reports.

The manufacturer or his authorised representative must keep a copy of the declaration of conformity with the
technical documentation.

The manufacturer must take all measures necessary in order that the manufacturing process shall ensure compliance
of the manufactured products with the technical documentation referred to in point 2 and with the requirements of
this Directive that apply to them.

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Official Journal of the European Union

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ANNEX V

Part A

Repealed Directive with its amendment

Council Directive 73/23/EEC

(OJ L 77, 26.3.1973, p. 29)

Council Directive 93/68/EEC Article 1

(OJ L 220, 30.8.1993, p. 1)

point 12 and Article 13 only

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 1974 (1)

—

1 July 1994

1 January 1995 (2)

(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.
(2) Until 1 January 1997 Member States had to allow the placing on the market and the bringing into service of products which complied

with the marking arrangements in force before 1 January 1995. See Article 14(2) of Directive 93/68/EEC.

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Official Journal of the European Union

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ANNEX VI

Correlation Table

Directive 73/23/EEC

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