1. L 374/10 EN Official Journal of the European Union 27.12.2006
DIRECTIVE 2006/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2006
on the harmonisation of the laws of Member States relating to electrical equipment designed for use
within certain voltage limits
(codified version)
(Text with EEA relevance)
S h an
EUROPEAN UNION,
gh
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (5) Certain Member States carry out administrative operations
ai 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
G
Having regard to the Treaty establishing the European Commu- the effects, from a Community point of view, of
S T nolog
nity, and in particular Article 95 thereof, harmonised and published standards.
e ch
Having regard to the proposal from the Commission,
(6) Within the Community, the free movement of electrical
equipment should follow when this equipment complies
Having regard to the Opinion of the European Economic and with certain safety requirements recognised in all Mem-
Social Committee (1),
yC ber States. Without prejudice to any other form of proof,
the proof of compliance with these requirements may be
o.,Lt established by reference to harmonised standards which
d
Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),
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
Whereas: purposes of trade, eliminate the inconveniences resulting
from differences between national standards.
(1) Council Directive 73/23/EEC of 19 February 1973 on the
harmonisation of the laws of Member States relating to
electrical equipment designed for use within certain voltage
上海恺翔国际认证
limits (3) has been substantially amended (4). In the interests (7) Without prejudice to any other form of proof, the
of clarity and rationality the said Directive should be compliance of electrical equipment with the harmonised
codified. 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
(2) The provisions in force in the Member States designed to compliance. In order to facilitate the removal of barriers to
ensure safety in the use of electrical equipment used within trade, the Member States should recognise such marks or
certain voltage limits may differ, thus impeding trade. 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.
(3) In certain Member States in respect of certain electrical
equipment, the safety legislation takes the form of
preventive and repressive measures by means of binding
provisions.
(8) As a transitional measure, the free movement of electrical
equipment for which harmonised standards do not yet exist
(4) In other Member States in order to achieve the same may be achieved by applying the safety provisions or
objective, the safety legislation provides for reference to standards already laid down by other international bodies
technical standards laid down by Standards Bodies. Such a or by one of the bodies which establish harmonised
system offers the advantage of rapid adjustment to technical standards.
progress without neglecting safety requirements.
(1) OJ C 10, 14.1.2004, p. 6.
(2) Opinion of the European Parliament of 21 October 2003 (OJ C 82 E,
1.4.2004, p. 68) and Decision of the Council of 14 November 2006. (9) It is possible that electrical equipment may be placed in free
(3) OJ L 77, 26.3.1973, p. 29. Directive as amended by Directive 93/68/ circulation even though it does not comply with the safety
EEC (OJ L 220, 30.8.1993, p. 1). requirements, and it is therefore desirable to lay down
(4) See Annex V, Part A. suitable provisions to minimise this danger.
2. 27.12.2006 EN Official Journal of the European Union L 374/11
(10) Council Decision 93/465/EEC (1) establishes the modules Standards shall be regarded as harmonised once they are drawn
for the various phases of the conformity assessment up by common agreement between the bodies notified by the
procedures which are intended to be used in the technical Member States in accordance with Article 11, first paragraph,
harmonisation Directives. point (a), and published under national procedures. The
standards shall be kept up to date in the light of technological
(11) The choice of procedures should not lead to a lowering of
progress and the developments in good engineering practice in
safety matters.
safety standards of electrical equipment, which have already
been established throughout the Community.
(12) This Directive should be without prejudice to the For purposes of information the list of harmonised standards
obligations of the Member States relating to the time-limits and their references shall be published in the Official Journal of the
for transposition into national law and application of the European Union.
Directives set out in Annex V, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 6
Article 1
1. Where harmonised standards as defined in Article 5 have
For the purposes of this Directive, ‘electrical equipment’ means
not yet been drawn up and published, the Member States shall
any equipment designed for use with a voltage rating of between
take all appropriate measures to ensure that, for the purposes of
50 and 1 000 V for alternating current and between 75 and
placing on the market or free movement as referred to in
1 500 V for direct current, other than the equipment and Articles 2 and 3 respectively, their competent administrative
phenomena listed in Annex II. authorities shall also regard as complying with the provisions of
Article 2 electrical equipment which complies with the safety
Article 2 provisions of the International Commission on the Rules for the
Approval of Electrical Equipment (CEE) or of the International
1. The Member States shall take all appropriate measures to Electrotechnical Commission (IEC) in respect of which the
ensure that electrical equipment may be placed on the market publication procedure laid down in paragraphs 2 and 3 has been
only if, having been constructed in accordance with good applied.
engineering practice in safety matters in force in the Community,
it does not endanger the safety of persons, domestic animals or
property when properly installed and maintained and used in
applications for which it was made. 2. The safety provisions referred to in paragraph 1 shall be
notified to the Member States by the Commission as from the
2. The principal elements of the safety objectives referred to in entry into force of this Directive, and thereafter as and when they
paragraph 1 are listed in Annex I. are published. The Commission, after consulting the Member
States, shall state the provisions and in particular the variants
Article 3 which it recommends to be published.
The Member States shall take all appropriate measures to ensure
that if electrical equipment is of such a nature as to comply with
the provisions of Article 2, subject to the conditions laid down in 3. The Member States shall inform the Commission within a
Articles 5, 6, 7 or 8, the free movement thereof within the period of three months of such objections as they may have to
Community shall not be impeded for reasons of safety. the provisions thus notified, stating the safety grounds on
account of which the provisions should not be recognised.
Article 4
In relation to electrical equipment, the Member States shall For purposes of information those safety provisions against
ensure that stricter safety requirements than those laid down in which no objection has been raised shall be published in the
Article 2 are not imposed by electricity supply bodies for Official Journal of the European Union.
connection to the grid, or for the supply of electricity to users of
electrical equipment.
Article 5 Article 7
The Member States shall take all appropriate measures to ensure
that, in particular, electrical equipment which complies with the Where harmonised standards within the meaning of Article 5 or
safety provisions of harmonised standards shall be regarded by safety provisions published in accordance with Article 6 are not
their competent administrative authorities as complying with the yet in existence, the Member States shall take all appropriate
provisions of Article 2, for the purposes of placing on the market measures to ensure that, for the purpose of placing on the
and free movement as referred to in Articles 2 and 3 respectively. market or free movement as referred to in Articles 2 and 3
respectively, their competent administrative authorities shall also
(1) Council Decision 93/465/EEC of 22 July 1993 concerning the
regard as complying with the provisions of Article 2 electrical
modules for the various phases of the conformity assessment equipment manufactured in accordance with the safety provi-
procedures and the rules for the affixing and use of the CE sions of the standards in force in the Member State of
conformity marking, which are intended to be used in the technical manufacture, if it ensures a safety level equivalent to that
harmonisation directives (OJ L 220, 30.8.1993, p. 23). required in their own territory.
3. L 374/12 EN Official Journal of the European Union 27.12.2006
Article 8 4. The Commission shall communicate the opinion of the
body referred to in paragraph 3 to all Member States which may,
1. Before being placed on the market, the electrical equipment within a period of one month, make their observations known to
must have affixed to it the CE marking provided for in Article 10 the Commission. The Commission shall at the same time note
attesting to its conformity to the provisions of this Directive, any observations by the parties concerned on that opinion.
including the conformity assessment procedure described in
Annex IV. 5. Having taken note of these observations the Commission
shall, if necessary, formulate the appropriate recommendations
or opinions.
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 Article 10
conformity of the electrical equipment with the provisions of
Article 2. 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,
3. Where electrical equipment is subject to other Directives failing that, to the packaging, the introduction sheet or the
concerning other aspects which also provide for the affixing of guarantee certificate so as to be visible, easily legible and
the CE marking, the latter shall indicate that the equipment in indelible.
question is also presumed to conform to the provisions of those
other Directives. 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
However, where one or more of these Directives allow the affixed to the electrical equipment, its packaging, the instruction
manufacturer, during a transitional period, to choose which sheet or the guarantee certificate provided that the visibility and
arrangements to apply, the CE marking shall indicate conformity legibility of the CE marking is not thereby reduced.
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 3. Without prejudice to Article 9:
given in the documents, notices or instructions required by the
Directives and accompanying the electrical equipment. (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
Article 9
obliged to make the electrical equipment comply as regards
the provisions concerning the CE marking and to end the
1. If, for safety reasons, a Member State prohibits the placing infringement under conditions imposed by the Member
on the market of any electrical equipment or impedes its free State;
movement, it shall immediately inform the other Member States
concerned and the Commission, indicating the grounds for its
decision and stating in particular: (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
(a) whether its non-conformity with Article 2 is attributable to question or to ensure that it is withdrawn from the market
a shortcoming in the harmonised standards referred to in in accordance with Article 9.
Article 5, the provisions referred to in Article 6 or the
standards referred to in Article 7; Article 11
Each Member State shall inform the other Member States and the
(b) whether its non-conformity with Article 2 is attributable to Commission of the following:
faulty application of such standards or publications or to
failure to comply with good engineering practice as referred
to in that Article. (a) the bodies referred to in Article 5, second paragraph;
(b) the bodies which may make a report in accordance with
2. If other Member States raise objections to the decision Article 8(2) or give an opinion in accordance with Article 9;
referred to in paragraph 1, the Commission shall immediately
consult the Member States concerned.
(c) the publication reference referred to in the second
paragraph of Article 5.
3. If an agreement has not been reached within three months
from the date of communication of the information as laid down
Any amendment to the above shall be notified by each Member
in paragraph 1, the Commission shall obtain the opinion of one
State to the other Member States and to the Commission.
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 Article 12
been involved in the procedure provided for in Article 8. The
opinion shall state the extent to which the provisions of Article 2 This Directive shall not apply to electrical equipment intended
have not been complied with. for export to third countries.
4. 27.12.2006 EN Official Journal of the European Union L 374/13
Article 13 Article 15
The Member States shall communicate to the Commission the This Directive shall enter into force on the twentieth day
texts of the main provisions of national laws which they adopt in following that of its publication in the Official Journal of the
the field covered by this Directive. European Union.
Article 14 Article 16
This Directive is addressed to the Member States.
Directive 73/23/EEC is hereby repealed without prejudice to the
obligations of the Member States relating to the time-limits for
transposition into national law and application of the Directives
Done at Strasbourg, 12 December 2006.
set out in Annex V, Part B.
For the European Parliament For the Council
References made to the repealed Directive shall be construed as
being made to this Directive and should be read in accordance The President The President
with the correlation table in Annex VI. J. BORRELL FONTELLES M. PEKKARINEN
5. L 374/14 EN Official Journal of the European Union 27.12.2006
ANNEX I
Principal Elements of the Safety Objectives for Electrical Equipment Designed For Use within Certain Voltage
Limits
1. General conditions
(a) The essential characteristics, the recognition and observance of which will ensure that electrical equipment will
be used safely and in applications for which it was made, shall be marked on the 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) The electrical equipment, together with its component parts, should be made in such a way as to ensure that it
can be safely and properly assembled and connected.
(d) The electrical equipment should be so designed and manufactured as to ensure that protection against the
hazards set out in points 2 and 3 of this Annex is assured, providing that the equipment is used in applications
for which it was made and is adequately maintained.
2. Protection against hazards arising from the electrical equipment
Measures of a technical nature should be prescribed in accordance with point 1, in order to ensure:
(a) that persons and domestic animals are adequately protected against the danger of physical injury or other harm
which might be caused by direct or indirect contact;
(b) that temperatures, arcs or radiation which would cause a danger, are not produced;
(c) that persons, domestic animals and property are adequately protected against non-electrical dangers caused by
the electrical equipment which are revealed by experience;
(d) that the insulation must be suitable for foreseeable conditions.
3. Protection against hazards which may be caused by external influences on the electrical equipment
Technical measures are to be laid down in accordance with point 1, in order to ensure:
(a) that the electrical equipment meets the expected mechanical requirements in such a way that persons, domestic
animals and property are not endangered;
(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.
6. 27.12.2006 EN Official Journal of the European Union L 374/15
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.
7. L 374/16 EN Official Journal of the European Union 27.12.2006
ANNEX III
Ce Conformity Marking And EC Declaration of Conformity
A. CE conformity marking
The CE conformity marking shall consist of the initials ‘CE’ taking the following form:
— If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be
respected.
— The various components of the CE marking must have substantially the same vertical dimension, which may
not be less than 5 mm.
B. EC declaration of conformity
The EC declaration of conformity must contain the following elements:
— name and address of the manufacturer or his authorised representative established within the Community,
— a description of the electrical equipment,
— reference to the harmonised standards,
— where appropriate, references to the specifications with which conformity is declared,
— identification of the signatory who has been empowered to enter into commitments on behalf of the
manufacturer or his authorised representative established within the Community,
— the last two digits of the year in which the CE marking was affixed.
8. 27.12.2006 EN Official Journal of the European Union L 374/17
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.
9. L 374/18 EN Official Journal of the European Union 27.12.2006
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 21 August 1974 (1) —
93/68/EEC 1 July 1994 1 January 1995 (2)
(1) In the case of Denmark the time-limit was extended to five years, i.e. 21 February 1978. See Article 13(1) of Directive 73/23/EEC.
(2) Until 1 January 1997 Member States had to allow the placing on the market and the bringing into service of products which complied
with the marking arrangements in force before 1 January 1995. See Article 14(2) of Directive 93/68/EEC.
10. 27.12.2006 EN Official Journal of the European Union L 374/19
ANNEX VI
Correlation Table
Directive 73/23/EEC This Directive
Articles 1 — 7 Articles 1 — 7
Article 8(1) Article 8(1)
Article 8(2) Article 8(2)
Article 8(3)(a) Article 8(3), first subparagraph
Article 8(3)(b) Article 8(3), second subparagraph
Article 9(1), first indent Article 9(1) (a)
Article 9(1), second indent Article 9(1) (b)
Article 9(2) to (5) Article 9(2) to (5)
Article 10 Article 10
Article 11, first indent Article 11(a)
Article 11, second indent Article 11(b)
Article 11, third indent Article 11(c)
Article 12 Article 12
Article 13(1) —
Article 13(2) Article 13
— Article 14
— Article 15
Article 14 Article 16
Annexes I to IV Annexes I to IV
— Annex V
— Annex VI