Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits
Date: 2011-11-21
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, electrical equipment, launching of a product, market supervision, marketing standard, product safety, safety standard, surveillance concerning imports, technical standard

EUROPEAN COMMISSION 

Brussels, 21.11.2011 
COM(2011) 773 final 

2011/0357 (COD) 

NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package)  

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the harmonisation of the laws of Member States 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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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context, reasons for and objectives of this proposal  

This proposal is presented in the framework of the implementation of the “goods package” 
adopted  in  2008.  It  is  part  of  a  package  of  proposals  aligning  ten  product  directives  to 
Decision No 768/2008/EC establishing a common framework for the marketing of products. 

Union (EU) harmonisation legislation ensuring the free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of  protection  and  provides  economic  operators  with  the  means  to  demonstrate  conformity, 
thus ensuring free movement through trust in the products.  

Directive 2006/95/EC is an example of that Union harmonisation legislation, ensuring the free 
movement of electrical equipment. It sets out the safety objectives that electrical equipment 
must  comply  with  in  order  to  be  made  available  on  the  EU  market.  Manufacturers  must 
demonstrate  that  electrical  equipment  has  been  designed  and  manufactured  in  compliance 
with the safety objectives and affix the CE marking.  

Experience  with  the  implementation  of  Union  harmonisation  legislation  has  shown  –  on  a 
cross-sector  scale  -  certain  weaknesses  and  inconsistencies  in  the  implementation  and 
enforcement of this legislation, leading to 

–  the  presence  of  non-compliant  or  dangerous  products  on  the  market  and  consequently  a 

certain lack of trust in CE marking 

–  competitive  disadvantages  for  economic  operators  complying  with  the  legislation  as 

opposed to those circumventing the rules 

–  unequal  treatment  in  the  case  of  non-compliant  products  and  distortion  of  competition 

amongst economic operators due to different enforcement practices 

–  differing  practices  in  the  designation  of  conformity  assessment  bodies  by  national 

authorities 

Furthermore the regulatory environment has become more and more complex, as frequently 
several  pieces  of 
the  same  product. 
Inconsistencies  in  these  pieces  of  legislation  make  it  increasingly  difficult  for  economic 
operators and authorities to correctly interpret and apply that legislation. 

legislation  apply  simultaneously 

to  one  and 

To remedy these horizontal shortcomings in Union harmonisation legislation observed across 
several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of 
the  goods  package.  Its  objective  is  to  strengthen  and  complete  the  existing  rules  and  to 
improve  practical  aspects  of  their  application  and  enforcement.  The  New  Legislative 
Framework  (NLF)  consists  of  two  complementary  instruments,  Regulation  (EC)  No 
765/2008  on  accreditation  and  market  surveillance  and  Decision  No  768/2008/EC 
establishing a common framework for the marketing of products. 

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The  NLF  Regulation  has  introduced  rules  on  accreditation  (a  tool  for  the  evaluation  of 
competence  of  conformity  assessment  bodies)  and  requirements  for  the  organisation  and 
performance  of  market  surveillance  and  controls  of  products  from  third  countries.  Since  1 
January 2010 these rules apply directly in all Member States. 

The NLF Decision sets out a common framework for EU product harmonisation legislation. 
This  framework  consists  of  the  provisions  which  are  commonly  used  in  EU  product 
legislation  (e.g.  definitions,  obligations  of  economic  operators,  safeguard  mechanisms,  etc). 
These  common  provisions  have  been  reinforced  to  ensure  that  the  directives  can  be  applied 
and  enforced  more  effectively  in  practice.  New  elements,  such  as  obligations  on  importers, 
have been introduced, which are crucial for improving the safety of products on the market.  

The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely  interlinked.  The  NLF  Decision  contains  the  corresponding  obligations  for  economic 
operators allowing market surveillance authorities to properly perform the tasks imposed on 
them  by  the  NLF  Regulation  and  to  ensure  an  effective  and  consistent  enforcement  of  EU 
product legislation.  

However,  unlike  the  NLF  Regulation,  the  provisions  of  the  NLF  Decision  are  not  directly 
applicable.  To  ensure  that  all  economic  sectors  subject  to  Union  harmonisation  legislation 
benefit  from  the  improvements  of  the  NLF,  the  provisions  of  the  NLF  Decision  need  to  be 
integrated into the existing product legislation. 

A survey after  the adoption  of  the  goods package  in  2008  showed  that  a  majority  of  Union 
harmonisation legislation on products was due to be revised within the following 3 years, not 
only  to  address  the  problems  observed  throughout  all  sectors  but  also  for  sector-specific 
reasons.  Any  such  revision  would  automatically  include  an  alignment  of  the  legislation 
concerned to the NLF Decision since Parliament, Council and Commission have committed 
themselves to use its provisions as much as possible in future legislation on products in order 
to further the utmost coherence of the regulatory framework.  

For  a  number  of  other  Union  harmonisation  directives,  including  Directive  2006/95/EC  no 
revision  for  sector-specific  problems  had  been  envisaged  within  this  timeframe.  To  ensure 
that  the  problems  in  relation  to  non-compliance  are  nevertheless  addressed  in  these  sectors, 
and  for  the  sake  of  consistency  of  the  overall  regulatory  environment  on  products,  it  was 
decided to align these directives within a package to the provisions of the NLF Decision. 

Consistency with other policies and objectives of the Union 

This initiative is in line with the Single Market Act1, which has stressed the need to restore 
consumer  confidence  in  the  quality  of  products  on  the  market  and  the  importance  of 
reinforcing market surveillance. 

Furthermore it supports the Commission’s policy on Better Regulation and simplification of 
the regulatory environment. 

1 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. 

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2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

The alignment of Directive 2006/95/EC to the NLF Decision has been discussed with national 
experts  responsible  for  the  implementation  of  this  Directive,  the  administrative  cooperation 
group as well as in bilateral meetings with industry associations. 

From June to October 2010 a public consultation was organised that comprised all the sectors 
involved in this initiative. It consisted of four targeted questionnaires for economic operators, 
authorities, notified bodies and users and the Commission services received 300 replies. The 
results are published at:  

http://ec.europa.eu/enterprise/policies/single-market-goods/regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm 

In addition to the general consultation a specific SME consultation was carried out. 603 SMEs 
were  consulted  through  the  Enterprise  Europe  Network  in  May/June  2010.  The  results  are 
available  at  http://ec.europa.eu/enterprise/policies/single-market-goods/files/new-legislative-
framework/smes_statistics_en.pdf 

The consultation process revealed widespread support for the initiative. There is unanimity on 
the need to improve market surveillance and the system for assessing and monitoring Notified 
Bodies.  Authorities  fully  support  the  exercise  because  it  will  strengthen  the  existing  system 
and  improve  cooperation  at  EU  level.  Industry  expects  a  more  level  playing  field  resulting 
from more effective actions against products that do not comply with the legislation, as well 
as a simplification effect from the alignment of legislation. Certain concerns were expressed 
on some obligations which are, however, indispensable for increasing the efficiency of market 
surveillance.  These  measures  will  not  entail  significant  costs  for  industry,  and  the  benefits 
resulting from improved market surveillance should by far outweigh the costs.  

Collection and use of expertise 

The  impact  assessment  for  this  implementation  package  has  largely  built  on  the  impact 
assessment  carried  out  for  the  New  Legislative  Framework.  In  addition  to  the  expertise 
collected  and  analysed  in  that  context,  further  consultation  of  sector-specific  experts  and 
interest  groups,  as  well  as  horizontal  experts  active  in  the  area  of  technical  harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 

Impact assessment  

Based on the information collected, the Commission carried out an impact assessment which 
examined and compared three options. 

Option 1 - No changes to the current situation 

This  option  proposes  no  changes  to  the  current  directive  and  relies  exclusively  on  certain 
improvements that can be expected from the NLF Regulation. 

Option 2 – Alignment to the NLF Decision by non-legislative measures 

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Option 2 considers the possibility of encouraging a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them as best practices in guidance documents. 

Option 3 – Alignment to NLF Decision by legislative measures 

This  option  consists  in  integrating  the  provisions  of  the  NLF  Decision  into  the  existing 
Directive. 

Option 3 was found to be the preferred option because 

–  it  will  improve  the  competitiveness  of  companies  taking  their  obligations  seriously,  as 

opposed to those cheating on the system; 

–  it  will  improve  the  functioning  of  the  internal  market  by  ensuring  equal  treatment  of  all 

economic operators, notably importers and distributors; 

–  it does not entail significant costs for economic operators; for those who are already acting 

responsibly, no extra costs or only negligible costs are expected; 

–  it is considered more effective than option 2: due to the lack of enforceability of option 2 it 

is questionable that the positive impacts would materialise under that option; 

–  options 1 and 2 do not provide answers to the problem of inconsistencies in the regulatory 
framework  and  therefore  have  no  positive  impact  on  the  simplification  of  the  regulatory 
environment. 

3. 

MAIN ELEMENTS OF THE PROPOSAL 

3.1. 

Horizontal definitions 

The  proposal  introduces  harmonised  definitions  of  terms  which  are  commonly  used 
throughout  Union  harmonisation  legislation  and  should  therefore  be  given  a  consistent 
meaning throughout that legislation.  

3.2. 

Obligations of economic operators and traceability requirements 

The  proposal  clarifies  the  obligations  of  manufacturers  and  authorised  representatives  and 
introduces  obligations  for  importers  and  distributors.  Importers  must  verify  that  the 
manufacturer has carried out the applicable conformity assessment procedure and has drawn 
up  a  technical  documentation.  They  must  also  make  sure  with  the  manufacturer  that  this 
technical  documentation  can  be  made  available  to  authorities  upon  request.  Furthermore 
importers must verify that the electrical equipment is correctly marked and accompanied by 
the required safety information. They must keep a copy of the EU declaration of conformity 
and  indicate  their  name  and  address  on  the  product,  or  where  this  is  not  possible  on  the 
packaging  or  the  accompanying  documentation.  Distributors  must  verify  that  electrical 
equipment  bears  the  CE  marking,  the  name  of  the  manufacturer  and  of  the  importer,  if 
relevant, and that it is accompanied by the required documentation and instructions. 

Importers  and  distributors  must  cooperate  with  market  surveillance  authorities  and  take 
appropriate actions when they have supplied non-compliant electrical equipment. 

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Enhanced  traceability  obligations  are  introduced  for  all  economic  operators.  Electrical 
equipment has to bear the manufacturer’s name and address and a number allowing to identify 
and link the electrical equipment to its technical documentation. When electrical equipment is 
imported  the  importer’s  name  and  address  must  also  be  on  the  electrical  equipment. 
Furthermore  every  economic  operator  must  be  able  to  identify  towards  authorities  the 
economic  operator  who  has  supplied  him  with  electrical  equipment  or  to  whom  he  has 
supplied electrical equipment. 

3.3. 

Harmonised standards 

Compliance  with  harmonised  standard  provides  a  presumption  of  conformity  with  the 
essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation 
on  European  Standardisation2  that  sets  out  a  horizontal  legal  framework  for  European 
standardisation.  The  proposal  for  the  Regulation  contains  inter  alia  provisions  on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for objections to harmonised standards and on  stakeholder participation in 
the  standardisation  process.  Consequently  the  provisions  of  Directive  2006/95/EC  which 
cover the same aspects have been deleted in this proposal for reasons of legal certainty.  

The  provision  conferring  presumption  of  conformity  to  harmonised  standards  has  been 
modified to clarify the extent of the presumption of conformity when standards only partially 
cover the essential requirements. 

3.4. 

Conformity assessment and CE marking 

Directive  2006/95/EC  has  selected  the  appropriate  conformity  assessment  procedure  which 
manufacturers  have  to  apply  in  order  to  demonstrate  that  their  electrical  equipment  comply 
with the safety objectives. The proposal aligns these procedures to their updated versions set 
out in the NLF Decision. It also introduces a model for the EU declaration of conformity. 

General principles of the CE marking are set out in Article 30 of Regulation 765/2008, while 
the detailed provisions on the affixing of the CE marking to electrical equipment have been 
inserted in this proposal. 

3.5.  Market surveillance and the safeguard clause procedure 

The  proposal  revises  the  existing  safeguard  clause  procedure.  It  introduces  a  phase  of 
information  exchange  between  Member  States,  and  specifies  the  steps  to  be  taken  by  the 
authorities concerned, when a non-compliant electrical equipment is found. A real safeguard 
clause  procedure  –  leading  to  a  Decision  at  Commission  level  on  whether  a  measure  is 
justified  or  not  -  is  only  launched  when  another  Member  State  objects  to  a  measure  taken 
against  an  electrical  equipment.  Where  there  is  no  disagreement  on  the  restrictive  measure 
taken, all Member States must take the appropriate action on their territory. 

2 

COM(2011)  315  final,  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC,  94/25/EC,  95/16/EC,  97/23/EC,  98/34/EC,  2004/22/EC,  2007/23/EC,  2009/105/EC  and 
2009/23/EC of the European Parliament and of the Council. 

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4. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

The internal market is a competence that is shared between the Union and the Member States. 
The  subsidiarity  principle  arises  in  particular  with  regard  to  the  newly  added  provisions 
aiming  at  the  improvement  of  effective  enforcement  of  Directive  2006/95/EC  namely,  the 
importer  and  distributor  obligations,  the  traceability  provisions,  the  provisions  on  the 
assessment,  and  the  enhanced  cooperation  obligations  in  the  context  of  the  revised  market 
surveillance and safeguard procedures.  

Experience with the enforcement of the legislation has shown that measures taken at national 
level  have  led  to  divergent  approaches  and  to  a  different  treatment  of  economic  operators 
inside  the  EU,  which  undermines  the  objective  of  this  directive.  If  actions  are  taken  at 
national level to address the problems, this risks creating obstacles to the free movement of 
goods.  Furthermore  action  at  national  level  is  limited  to  the  territorial  competence  of  a 
Member  State.  In  view  of  the  increasing  internationalisation  of  trade,  the  number  of  cross-
border cases is constantly rising. Coordinated action at EU level can much better achieve the 
objectives  set,  and  will  in  particular  render  market  surveillance  more  effective.  Hence  it  is 
more appropriate to take action at EU level. 

As regards the problem of inconsistencies throughout the directives, this is a problem which 
can only be solved by the EU legislator. 

Proportionality 

In  accordance  with  the  principle  of  proportionality,  the  proposed  modifications  do  not  go 
beyond what is necessary to achieve the objectives set.  

The new or modified obligations do not impose unnecessary burdens and costs on industry - 
especially on small and medium sized enterprises - or administrations. Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to  provide  the  most  proportionate  response  to  the  problems  identified.  A  number  of 
modifications  concern  the  improvement  of  clarity  of  the  existing  Directive  without 
introducing new requirements that entail added cost.  

Legislative technique used 

The  alignment  to  the  NLF  Decision  requires  a  number  of  substantive  amendments  to  the 
provisions  of  Directive  2006/95/EC.  To  ensure  the  readability  of  the  amended  text  the 
technique  of  recasting  has  been  chosen  in  line  with  the  Interinstitutional  Agreement  of  28 
November 2001 on a more structured use of the recasting technique for legal acts3.  

The  changes  made  to  the  provisions  of  Directive  2006/95/EC  concern:  the  definitions,  the 
obligations  of  economic  operators,  the  presumption  of  conformity  provided  by  harmonised 

3 

OJ C 77, 28.3.2002, p. 1. 

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standards, the declaration of conformity, CE marking, the safeguard clause procedure and the 
conformity assessment procedures. 

The proposal does not change the scope and the safety objectives of Directive 2006/95.  

5. 

BUDGETARY IMPLICATIONS 

This proposal does not have any implications for the EU budget. 

6. 

ADDITIONAL INFORMATION 

Repeal of existing legislation 

The adoption of the proposal will lead to repeal of Directive 2006/95/EC. 

European Economic Area 

The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. 

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(cid:208) 2006/95 (adapted) 

2011/0357 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the harmonisation of the laws of Member States relating to ⌦the making available 
on the market of⌫ electrical equipment designed for use within certain voltage limits  

(Recast) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community ⌦ on the Functioning of 
the European Union ⌫ , and in particular Article 95 ⌦ 114 ⌫ thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee4, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(cid:216) new 

(1) 

A  number  of  substantive  changes  are  to  be  made  to  Directive  2006/95/EC  of  the 
European Parliament and of the Council of 12 December 2006 on the harmonisation of 
the  laws  of  Member  States  relating  to  electrical  equipment  designed  for  use  within 
certain voltage limits5. 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 

4 
5 

OJ C […], […], p. […]. 
OJ L 374, 27.12.2006, p. 10. 

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the marketing of products and repealing Regulation (EEC) No 339/936 lays down rules 
on  the  accreditation  of  conformity  assessment  bodies,  provides  a  framework  for  the 
market surveillance of products and for controls of 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  and  repealing  Council 
Decision  93/465/EEC7  lays  down  a  common  framework  of  general  principles  and 
reference  provisions  intended  to  apply  across  the  legislation  harmonising  the 
conditions  for  the  marketing  of  products  in  order  to  provide  a  coherent  basis  for 
revision  or  recasts  of  that  legislation.  Directive  2006/95/EC  should  therefore  be 
adapted to that Decision.  

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 8 
has been substantially amended9. In the interests of clarity and rationality the said Directive 
should be codified. 

(cid:208) 2006/95 recital 1 (adapted) 

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. 

(cid:208) 2006/95 recital 2  

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

(cid:208) 2006/95 recital 3 

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. 

(cid:208) 2006/95 recital 4  

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7 
8 

9 

OJ L 218, 13.8.2008, p. 30. 
OJ L 218, 13.8.2008, p. 82. 
(3)OJ L 77, 26.3.1973, p. 29.Directive as amended by Directive 93/68/EEC (OJ L 220, 30.08.1993, p. 
1). 
(4)See Annex V, Part A. 

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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 effects, from a Community point 
of view, of harmonised and published standards. 

(cid:208) 2006/95 recital 5 

(cid:208) 2006/95 recital 6  

Within the Community, the free movement of electrical equipment should follow when this 
equipment  complies  with  certain  safety  requirements  recognised  in  all  Member  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 

(cid:208) 2006/95 recital 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. 

(cid:216) new  

(4) 

(5) 

Economic operators should be responsible for the compliance of electrical equipment 
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,  and  the  protection  of 
consumers and to guarantee fair competition on the Union market. 

All  economic  operators  intervening  in  the  supply  and  distribution  chain  should  take 
the  appropriate  measures  to  ensure  that  they  only  make  available  on  the  market 
electrical  equipment  which  is  in  conformity  with  this  Directive.  It  is  necessary  to 
provide for a clear and proportionate distribution of obligations which correspond to 
the role of each operator in the supply and distribution process. 

(6) 

The manufacturer, having detailed knowledge of the design and production process, is 
best  placed  to  carry  out  the  complete  conformity  assessment  procedure  for  electrical 

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(7) 

(8) 

equipment.  Conformity  assessment  should  therefore  remain  the  obligation  of  the 
manufacturer alone. 

Although  conformity  assessment  should  be  the  responsibility  of  the  manufacturer 
without any need to involve an independent conformity assessment body, in order to 
facilitate  the  completion  of  the  conformity  assessment  procedure,  manufacturers 
should  be  allowed  to  seek  assistance  of  an  independent  conformity  assessment 
laboratory. 

It  is  necessary  to  ensure  that  electrical  equipment  from  third  countries  entering  the 
Union  market  comply  with  the  requirements  of  this  Directive,  and  in  particular  that 
appropriate assessment procedures have been carried out by manufacturers with regard 
to this 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 product marking and documentation  drawn up by manufacturers 
are available for inspection by the supervisory authorities. 

(9) 

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

(10)  When  placing  electrical  equipment  on  the  market,  every importer  should indicate on 
the  electrical  equipment  his  name  and  the  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 product. 

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

(12)  Distributors  and  importers,  being  close  to  the  market  place,  should  be  involved  in 
market surveillance tasks carried out by the competent national authorities, and should 
be  prepared  to  participate  actively,  providing  those  authorities  with  all  necessary 
information relating to the electrical equipment concerned. 

(13)  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 products available on the market. 

(14)  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 
presumption  of  conformity  for  electrical  equipment  which  is  in  conformity  with 
harmonised standards that are adopted in accordance with Regulation (EU) No [../..] of 
the European Parliament and of the Council of […..] on European Standardisation and 

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amending  Council  Directives  89/686/EEC  and  93/15/EEC  and  Directives  94/9/EC, 
94/25/EC,  95/16/EC,  97/23/EC,  98/34/EC,  2004/22/EC,  2007/23/EC,  2009/105/EC 
and  2009/23/EC  of  the  European  Parliament  and  of  the  Council  for  the  purpose  of 
expressing detailed technical specifications of those objectives.  

(15)  Regulation (EU) No [../..] [on European Standardisation] provides for a procedure for 
objections  to  harmonised  standards  where  those  standards  do  not  entirely  satisfy 
requirements of this Directive. 

(cid:208) 2006/95 recital 8 (adapted)  
(cid:214) new 

(16)  As  a  transitional  measure,  tThe  free  movement  of  electrical  equipment  for  which 
harmonised standards do not yet exist shouldmay be achieved by applying the safety 
provisions  or  standards  already  laid  down  by  (cid:214) the  International  Electrotechnical 
Commission   other  international  bodies  or  by  one  of  the  bodies  which  establish 
harmonised standards ⌦applying national standards ⌫ .  

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 

(cid:208) 2006/95 recital 9 

Council  Decision  93/465/EEC10  establishes  the  modules  for  the  various  phases  of  the 
conformity  assessment  procedures  which  are  intended  to  be  used  in  the  technical 
harmonisation Directives. 

(cid:208) 2006/95 recital 10 (new) 

The  choice  of  procedures  should  not  lead  to  a  lowering  of  safety  standards  of  electrical 
equipment, which have already been established throughout the Community. 

(cid:208) 2006/95 recital 11 

(17) 

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 

(cid:216) new 

10 

(1)Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the 
conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, 
which are intended to be used in the technical harmonisation directives (OJ L 220, 30.08.1993, p. 23). 

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13 

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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. 

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

(19)  The  CE  marking,  indicating  the  conformity  of  electrical  equipment,  is  the  visible 
consequence of a whole process comprising conformity assessment in a broad sense. 
General  principles  governing  the  CE  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. 

(20) 

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  that  carry  out  those 
tasks.  

(21)  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 clause procedure, with a view to making it 
more efficient and drawing on the expertise available in Member States. 

(22)  The  existing  system  should  be  supplemented  by  a  procedure  under  which  interested 
parties  are  informed  of  measures  intended  to  be  taken  with  regard  to  products 
presenting  a  risk  to  the  health  and  safety  of  persons  or  to  other  aspects  of  public 
interest protection. It should also allow market surveillance authorities, in cooperation 
with  the  relevant  economic  operators,  to  act  at  an  earlier  stage  in  respect  of  such 
products. 

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

(24)  Member States should lay down rules on penalties applicable to infringements of the 
national  provisions  adopted  pursuant  to  this  Directive  and  ensure  that  they  are 
implemented. Those penalties should be effective, proportionate and dissuasive.  

(25) 

It is necessary to provide for transitional arrangements that allow making available on 
the  market  electrical  equipment  which  has  already  been  placed  on  the  market  in 
accordance with Directive 2006/95/EC. 

(26)  Since the objective of this Directive, namely to ensure that electrical equipment on the 
market fulfil the requirements providing a high level of protection of health and safety 
and  other  public  interests  while  guaranteeing  the  functioning  of  the  internal  market 

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cannot be sufficiently achieved by the Member States and can therefore, 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. 

(27)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  Directive 
2006/95/EC.  The  obligation  to  transpose  the  provisions  which  are  unchanged  arises 
under the earlier Directive.  

(28)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Part B of Annex V to Directive 2006/95/EC, Part B, 

(cid:208) 2006/95 recital 12 (adapted) 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 2006/95 (adapted) 

Chapter 1 

⌦ General provisions ⌫ 

Article 1 

⌦ Scope ⌫ 

For  the  purposes  of  tThis  Directive, ⌦ shall  apply  to ⌫  ‘electrical  equipment’  means  any 
equipment  designed  for  use  with  a  voltage  rating  of  between  50  and  1000 V  for  alternating 
current  and  between  75 and  1500 V  for  direct  current,  other  than  the  equipment  and 
phenomena listed in Annex II. 

(cid:216) new 

Article 2 [Article R1 of Decision No 768/2008/EC] 

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

Definitions 

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(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

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

"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; 

"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 trademark; 

"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  Article 2(1)(c)  of 
Regulation (EU) No [../..] [on European Standardisation]; 

"conformity  assessment"  means  the  process  demonstrating  whether  the  safety 
objectives 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; 

"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; 

(14) 

"Union  harmonisation  legislation"  means  any  Union  legislation  harmonising  the 
conditions for the marketing of products. 

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(cid:208) 2006/95 (adapted) 
(cid:214) new 

Article 32 

⌦ Making available on the market and safety objectives ⌫ 

1. The Member States shall take all appropriate measures to ensure that eElectrical equipment 
may  be  (cid:214) made  available   placed  on  the  market  only  if,  having  been  constructed  in 
accordance  with  good  engineering  practice  in  safety  matters  in  force  in  the  Community 
⌦ Union ⌫, it does not endanger the 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. 

(cid:208) 2006/95 

(cid:208) 2006/95 (adapted) 

Article 43 

⌦ Free movement ⌫ 

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

Article 54 

⌦ Supply of electricity ⌫ 

In  relation  to  electrical  equipment,  the  Member  States  shall  ensure  that  stricter  safety 
requirements  than  those  laid  down  in  Article m2  3⌦ and  Annex  I  ⌫  are  not  imposed  by 
electricity supply bodies for connection to the grid, or for the supply of electricity to users of 
electrical equipment. 

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Chapter 2 

⌦ Obligations of economic operators ⌫ 

(cid:208) 2006/95 

Article 5 

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. 

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. 

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

(cid:216) new 

Article 6 [Article R2 of Decision No 768/2008/EC] 

Obligations of manufacturers 

1.  When  placing  electrical  equipment  on  the  market,  manufacturers  shall  ensure  that  it  has 
been designed and manufactured in accordance with Article 3 and Annex I. 

2. Manufacturers shall draw up the technical documentation referred to in Annex III and carry 
out the conformity assessment procedure referred to in Annex III or have it carried out. 

Where  compliance  of  electrical  equipment  with  the  applicable  requirements  has  been 
demonstrated by the procedure referred to in the first subparagraph, manufacturers shall draw 
up an EU declaration of conformity and affix the CE marking. 

3.  Manufacturers  shall  keep  the  technical  documentation  and  the  EU  declaration  of 
conformity  for  a  period  of  10  years  after  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.  Changes  in  product  design  or  characteristics  and  changes  in  the  harmonised 

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standards  or  in  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 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 bear a type, batch or serial number or 
other  element  allowing  its  identification,  or,  where  the  size  or  nature  of  the  electrical 
equipment does not allow it, that the required information is provided on the packaging or in a 
document accompanying the electrical equipment. 

6. Manufacturers shall indicate their name, registered trade name or registered trade mark and 
the address at which they can be contacted on the electrical equipment or, where that is not 
possible,  on  its  packaging  or  in  a  document  accompanying  the  electrical  equipment.  The 
address must indicate a single point at which the manufacturer can be contacted.  

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

8. Manufacturers who consider or have reason to believe that electrical equipment which they 
have placed on the market is not in conformity with this Directive shall immediately take the 
necessary corrective measures 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 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  necessary  to  demonstrate  the 
conformity of the electrical equipment, in a language which can be easily understood by that 
authority.  They  shall  cooperate  with  that  authority,  at  its  request,  on  any  action  taken  to 
eliminate the risks posed by electrical equipment which they have placed on the market.  

Article 7 [Article R3 of Decision No 768/2008/EC] 

Authorised representatives 

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

The obligations laid down in Article 6(1) and the drawing up of technical documentation shall 
not form part of the 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) 

the  EU  declaration  of  conformity  and 

technical 
keep 
documentation at the disposal of national surveillance authorities for a 

the 

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period  of  10  years  after  the  electrical  equipment  has  been  placed  on 
the market; 

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; 

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. 

(b) 

(c) 

Article 8 [Article R4 of Decision No 768/2008/EC] 

Obligations of importers 

1. Importers shall place only compliant electrical equipment on the market. 

2.  Before  placing  electrical  equipment  on  the  market  importers  shall  ensure  that  the 
appropriate conformity assessment procedure 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  Article  3  and  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 their name, registered trade name or registered trade mark and the 
address  at  which  they  can  be  contacted  on  the  electrical  equipment  or,  where  that  is  not 
possible, on its packaging or in a document accompanying the electrical equipment.  

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

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

6.  When  deemed  appropriate  with  regard  to  the  risks  presented  by  electrical  equipment, 
importers  shall,  to  protect  the  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 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 

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in  which  they  made  the  electrical  equipment  available  to  that  effect,  giving  details,  in 
particular, of the non-compliance and of any corrective measures taken. 

8. Importers shall, for a period of 10 years 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  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 9[Article R5 of Decision No 768/2008/EC] 

Obligations of distributors 

1. When making electrical equipment available on the market distributors shall act with due 
care in relation to the requirements of this Directive. 

2. Before making electrical equipment available on the market distributors shall verify that the 
electrical equipment bears the CE marking, that it is accompanied by the safety information in 
a language which can be easily understood by consumers and 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(6) and Article 8 (3).  

Where  a  distributor  considers  or  has  reason  to  believe  that  electrical  equipment  is  not  in 
conformity  with  the  requirements  set  out  in  Article  3  and  Annex  I,  he  shall  not  make  the 
electrical  equipment  available  on  the  market  until  it  has  been  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, 
storage or transport conditions do not jeopardise its compliance with the requirements set out 
in Article 3 and 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 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  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 10 [Article R6 of Decision No 768/2008/EC] 

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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  trademark  or  modifies 
electrical  equipment  already  placed  on  the  market  in  such  a  way  that  compliance  with  the 
requirements of this Directive may be affected. 

Article 11 [Article R7 of Decision No 768/2008/EC] 

Identification of economic operators 

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

(a) 

(b) 

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 a period of 10 years after they have been supplied with the electrical equipment and for a 
period of 10 years after they have supplied the electrical equipment. 

Chapter 3 

Conformity of the electrical equipment 

Article 12 [Article R8 of Decision No 768/2008/EC] 

Presumption of conformity with harmonised standards 

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

[Where a harmonised standard satisfies the requirements which it covers and which are set out 
in Article 3 and Annex I, the Commission shall publish the references of those standards in 
the Official Journal of the European Union.] 

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(cid:208) 2006/95 (adapted) 
(cid:214) new 

Article 136 

⌦ Presumption of conformity with international standards ⌫ 

1. Where harmonised standards as defined ⌦ referred to ⌫ in Article 125 have not yet been 
drawn up and published, the Member States shall take all appropriate measures to ensure that, 
for the purposes of placing (cid:214) making available  on the market or free movement as referred 
to  in  Articles 23  and  34  respectively,  their  competent  administrative  authorities  shall  also 
regard  as  complying  with  the  provisions  of  Article 32  ⌦ and  Annex  I ⌫  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 of this Article has been applied 

2. The safety provisions referred to in paragraph 1 shall be notified to the Member States by 
the Commission as from the entry into force of 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 
⌦ any ⌫ objections as they may have to the provisions thus notified ⌦ in accordance with 
paragraph 2 ⌫, stating the safety grounds on account of which the provisions should not be 
recognised. 

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

Article 147 

⌦ Presumption of conformity with national standards ⌫ 

Where  harmonised  standards  within  the  meaning  of  ⌦ referred  to  in ⌫  Article 5  12  or 
safety provisions published in accordance with ⌦ referred to in ⌫ Article 613 are not yet in 
existence,  the  Member  States  shall  take  all  appropriate  measures  to  ensure  that,  for  the 
purpose of placing (cid:214) making available  on the market or free movement as referred to in 
Articles 23 and 34 respectively, their competent administrative authorities shall also regard as 
complying  with  the  provisions  of  Article 23⌦ and  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. 

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(cid:208) 2006/95 

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. 

2. In the event of a challenge, the manufacturer or importer may submit a report, drawn up by 
a  body,  which  is  notified  in  accordance  with  Article 11,  first  paragraph,  point (b),  on  the 
conformity of the electrical 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 
the  other 
Member States  concerned  and  the  Commission,  indicating  the  grounds  for  its  decision  and 
stating in particular: 

its  free  movement, 

immediately 

impedes 

it  shall 

inform 

(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; 

(b) whether its non-conformity with Article 2 is attributable to faulty application of 
such standards or publications or to failure to comply with good engineering practice 
as referred to in that Article. 

2.  If  other  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 the bodies notified in accordance with Article 11, first 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. 

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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 the electrical equipment 
in  question  or  to  ensure  that  it  is  withdrawn  from  the  market  in  accordance  with 
Article 9. 

Article 11 

Each  Member  State  shall  inform  the  other  Member  States  and  the  Commission  of  the 
following: 

(a) the bodies referred to in Article 5, second paragraph; 

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

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

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

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

Article 12 

(cid:216) new 

Article 15 [Article R10 of Decision No 768/2008/EC] 

EU declaration of conformity 

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

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

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

4.  By  drawing  up  the  EU  declaration  of  conformity,  the  manufacturer  shall  assume 
responsibility for the compliance of the electrical equipment.  

Article 16 [Article R11 of Decision No 768/2008/EC] 

General principles of the CE marking 

The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008. 

Article 17 [Article R12 of Decision No 768/2008/EC] 

Rules and conditions for affixing the CE marking 

1. The CE marking shall be 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  any  accompanying 
documents. 

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

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Chapter 4  

Union market surveillance, control of products entering the Union 
market and safeguard procedures 

Article 18 

Union market surveillance and control of products entering the Union market 

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

Article 19 [Article R31 of Decision No 768/2008/EC] 

Procedure for dealing with electrical equipment presenting a risk at national level 

1. Where the market surveillance authorities of one Member State have taken action pursuant 
to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe 
that  electrical  equipment  covered  by  this  Directive  presents  a  risk  to  the  safety  of  persons, 
domestic  animals  or  property,  they  shall  carry  out  an  evaluation  in  relation  to  the  electrical 
equipment concerned covering all the requirements laid down in this Directive. The relevant 
economic operators shall cooperate as necessary with the market surveillance authorities. 

Where,  in  the  course  of  that  evaluation,  the  market  surveillance  authorities  find  that  the 
electrical equipment does not comply with the requirements laid down in this Directive, they 
shall without delay require the relevant economic operator to take all  appropriate corrective 
action 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. 

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. 

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

5. The information referred to in paragraph 4 shall include all available details, in particular 
the data necessary for the identification of 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 requirements relating to the safety of persons, 
domestic animals or property ; 

(b)  shortcomings  in  the  harmonised  standards  referred  to  in  Article  12  conferring  a 
presumption of conformity. 

6.  Member  States  other  than  the  Member  State  initiating  the  procedure  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 notified national measure, of 
their objections. 

7.  Where,  within  two  months  of  receipt  of  the  information  referred  to  in  paragraph  4,  no 
objection  has  been  raised  by  either  a  Member  State  or  the  Commission  in  respect  of  a 
provisional measure taken by a Member State, that measure shall be deemed justified. 

8. Member States shall ensure that appropriate restrictive measures are taken in respect of the 
electrical equipment concerned without delay. 

Article 20 [Article R32 of Decision No 768/2008/EC] 

Union safeguard procedure 

1.  Where,  on  completion  of  the  procedure  set  out  in  Article  19(3)  and  (4),  objections  are 
raised  against  a  measure  taken  by  a  Member  State,  or  where  the  Commission  considers  a 
national  measure  to  be  contrary  to  Union  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 decide 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 measures 
necessary  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 the measure. 

3. Where the national measure is considered justified and the non-compliance of the electrical 
equipment  is  attributed  to  shortcomings  in  the  harmonised  standards  referred  to  in  Article 
19(5)(b) of this Directive, the Commission shall apply the procedure provided for in Article 8 
of Regulation (EU) No [../..] [on European Standardisation].  

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Article 21 [Article R33 of Decision No 768/2008/EC] 

Compliant electrical equipment which present a risk to safety 

1.  Where,  having  performed  an  evaluation  under  Article  19(1),  a  Member  State  finds  that 
although  electrical  equipment  is  in  compliance  with  this  Directive,  it  presents  a  risk  to  the 
safety  of  persons,  it  shall  require  the  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  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 
of the corrective action taken. That information shall include all available details, in particular 
the data necessary for the identification of the electrical equipment concerned, the origin and 
the supply chain of the electrical equipment, the 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 corrective measures taken. 
On  the  basis  of  the  results  of  that  evaluation,  the  Commission  shall  decide  whether  the 
measure is justified or not, and where necessary, propose appropriate measures. 

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

Article 22 [Article R34 of Decision No 768/2008/EC] 

Formal non-compliance 

1.  Without  prejudice  to  Article  19,  where  a  Member  State  makes  one  of  the  following 
findings, it shall require the relevant economic operator to put an end to the non-compliance 
concerned: 

(a)  the  CE  marking  has  been  affixed  in  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. 

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. 

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Chapter 5 

Transitional and final provisions 

Article 23 

Penalties 

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

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

Member States shall notify those provisions to the Commission by [insert date – the date set 
out in the second subparagraph of Article 25(1)] at the latest and shall notify it without delay 
of any subsequent amendment affecting them. 

Article 24 

Transitional provisions 

Member States shall not impede the making 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 [date set out in the second subparagraph of Article 25(1)]. 

(cid:208)  

Article 25 

Transposition 

1. Member States shall adopt and publish, by [insert date - 2 years after adoption] at the latest, 
the laws, regulations and administrative provisions necessary to comply with Articles 2, 3(1), 
6, 7, 8, 9, 10, 11 ,12, 13(1), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 and Annexes III and 
IV . They shall forthwith communicate to the Commission the text of those provisions and a 
correlation table between those provisions and this Directive. 

They shall apply those provisions from [day after the date set out in the first subparagraph]. 

When Member States adopt those provisions, they shall contain a 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 

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Directive.  Member  States  shall  determine  how  such  reference  is  to  be  made  and  how  that 
statement is to be formulated.  

(cid:208) 2006/95 (adapted) 

Article 13 

2. 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. 

Article 1426 

⌦ Repeal ⌫ 

Directive 73/23/EEC2006/95/EC is hereby repealed ⌦ with effect from [the date set out in 
the  second  subparagraph  of  Article  25(1)  of  this  Directive], ⌫  without  prejudice  to  the 
obligations of the Member States relating to the time-limits for transposition into national law 
and  application  of  the  Directives  set  out  in  Annex V,  Part  B  of  Annex V  to  Directive 
2006/95/EC. 

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

Article 2715 

⌦ Entry into force ⌫ 

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

(cid:208) 2006/95 

Articles 1, 3(2), 4, 5, 13(2) and 13(3) and Annexes I, II and V shall apply from [the date set 
out in the second subparagraph of Article 25(1)].  

(cid:208)  

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(cid:208) 2006/95 (adapted) 

Article 2816 

⌦ Addressees ⌫ 

(cid:208) 2006/95  

This Directive is addressed to the Member States. 

Done at […], 

For the European Parliament 
The President 

For the Council 
The President

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(cid:208) 2006/95 (adapted) 

ANNEX I 

PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL EQUIPMENT 
DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS 

1. General conditions 

(a)  Tthe  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.; 

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

(c)(b)  Tthe  electrical  equipment,  together  with  its  component  parts,  shallshould  be  made  in 
such a way as to ensure that it can be safely and properly assembled and connected.; 

(d)(c)  Tthe  electrical  equipment  shallshould  be  so  designed  and  manufactured  as  to  ensure 
that protection against the hazards set out in 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 shallshould 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) that the electrical equipment meets the expected mechanical requirements in such 
a way that persons, domestic animals and property are not endangered; 

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

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

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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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(cid:208) 2006/95  

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, 

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– 

– 

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 III [Annex II, Module A, of Decision No 768/2008/EC] 

(cid:216) new 

Module A 

Internal production control 

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. 

2. Technical documentation 

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, wherever applicable, contain at least the following elements: 

– a general description of the electrical equipment , 

– conceptual design and manufacturing drawings and schemes of components, subassemblies, 
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  and/or  other  relevant  technical  specifications  the 
references  of  which  have  been  published  in  the  Official  Journal  of  the  European  Union, 
applied  in  full  or  in  part,  and  descriptions  of  the  solutions  adopted  to  meet  the  safety 
objectives of this Directive where those harmonised standards have not been applied. In the 
event  of  partly  applied  harmonised  standards,  the  technical  documentation  shall  specify  the 
parts which have been applied, 

– results of design calculations made, examinations carried out, etc., and 

– test reports. 

3. Manufacturing 

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

4. CE marking and EU declaration of conformity 

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

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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 
authorities for ten 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. 

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

5. Authorised representative 

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

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(cid:208) 2006/95  

ANNEX IV 

INTERNAL PRODUCTION CONTROL 

1.  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. 

2. 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. 

3.  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. 

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

5. 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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(cid:216) new 

ANNEX IV [Annex III of Decision No 768/2008/EC] 

EU DECLARATION OF CONFORMITY 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

No xxxxxx (unique identification of the electric equipment): 

Name and address of the manufacturer or his authorised representative:  

This  EU  declaration  of  conformity  is  issued  under  the  sole  responsibility  of  the 
manufacturer:  

Object of the declaration (identification of electrical equipment allowing traceability. 
It shall include a colour image of sufficient clarity to enable the identification of the 
electric equipment). 

The  object  of  the  declaration  described  above  is  in  conformity  with  the  relevant 
Union harmonisation legislation………:  

References  to  the  relevant  harmonised  standards  used,  or  references  to  the 
specifications in relation to which conformity is declared: 

Additional information: 

Signed for and on behalf of:…………………………. 

(place and date of issue) 

(name, function)(signature) 

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(cid:208) 2006/95 (adapted) 

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 197411 

- 

1 July 1994 

1 January 199512 

11 

12 

(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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(cid:208) 2006/95 (adapted) 

ANNEX VI 

Correlation Table 

Directive 73/23/EEC ⌦ 2006/95/EC ⌫ 

This Directive 

Articles 1 — 7 

Article 8(1) 

Article 8(2) 

Article 8(3)(a) 

Article 8(3)(b) 

Article 9(1), first indent 

Article 9(1), second indent 

Article 9(2) to (5) 

Article 10 

Article 11, first indent 

Article 11, second indent 

Article 11, third indent 

Article 12 

Article 13(1) 

Article 13(2) 

— 

— 

Article 14 

Annexes I to IV 

— 

— 

⌦ Article 1 

Articles 1 — 7 

Article 8(1) 

Article 8(2) 

Article 8(3), first subparagraph 

Article 8(3), second subparagraph 

Article 9(1) (a) 

Article 9(1) (b) 

Article 9(2) to (5) 

Article 10 

Article 11(a) 

Article 11(b) 

Article 11(c) 

Article 12 

— 

Article 13 

Article 14 

Article 15 

Article 16 

Annexes I to IV 

Annex V 

Annex VI 

⌦ Article 1 

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Article 2 

Article 3  

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 (1) 

Article 8 (2) 

Article 8 (3) 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V⌫ 

Article 3 

Article 4 

Article 5  

Article 12 

Article 13 

Article 14 

Article 16 

- 

- 

Articles 18 to 20 

Articles 16 and 17 

- 

- 

Article 25 (2) 

Article 26 

Article 27 

Annex I 

Annex II 

Articles 15 and 16 and Annex IV 

Annex III 

-⌫ 

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