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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.
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.
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.
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
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.
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.
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.
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.
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.
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

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低电压指令

  • 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