Table of contents

• SCOPE OF APPLICATION
• OBLIGATIONS OF ECONOMIC OPERATOR
• CONFORMITY OF THE ELECTRICAL EQUIPMENT
• UNION MARKET SURVEILLANCE

OBLIGATIONS OF ECONOMIC OPERATOR

• Manufacturers
  • Manufacturers shall draw up the technical documentation, draw up an EU declaration of conformity and affix the CE marking
  • Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the electrical equipment has been placed on the market
  • Changes in product design or characteristics and changes in the 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, manufacturers shall 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
  • Manufacturers shall ensure that electrical equipment which they have placed on the market bears a type, batch or serial number or other element allowing its identification (or, where it’s not possible, provide required information on its packaging or in a document accompanying the electrical equipment)
  • Manufacturers shall indicate on the electrical equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted (or, where it’s not possible, provide required information on its packaging or in a document accompanying the electrical equipment)
  • Manufacturers shall ensure that the electrical equipment is accompanied by instructions and safety information.
  • Manufacturers who have reason to believe that electrical equipment 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. If electrical equipment presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States.
• Authorised representive
  Obligations of ensuring electrical equipment’s safety and drawing up EU declaration, technical documentation, and affixing CE marking shall not form part of the authorised representative’s mandate. 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:
  • keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the electrical equipment has been placed on the market
  • 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
• Importers
  • Importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer, and that product bears a type, batch or serial number or other element allowing its identification, and registered trade name or registered trade mark and the postal address at which they can be contacted.
  • If electrical equipment presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect
  • Importers shall ensure that the electrical equipment is accompanied by instructions and safety information
  • When deemed appropriate, importers shall 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.
  • 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.
  • Importers shall, for 10 years after the electrical equipment has been placed on the market, keep a copy of the EU declaration of conformity and ensure that the technical documentation can be made available to market surveillance authorities, upon request
• Distributors
  • Distributors shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer, and that product bears a type, batch or serial number or other element allowing its identification, and registered trade name or registered trade mark and the postal address at which they can be contacted
  • Shall verify that the electrical equipment bears the CE marking, that it is accompanied by the required documents and by instructions and safety information
  • Where a distributor considers or has reason to believe that electrical equipment is not in conformity with the safety objectives, 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.
  • Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation to demonstrate the conformity of electrical equipment.

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

CONFORMITY OF THE ELECTRICAL EQUIPMENT

MODULE A (Internal production control)

1. TECHNICAL DOCUMENTATION
   The technical documentation shall, where applicable, contain at least the following elements:
   • a general description of the electrical equipment;
   • conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;
   • descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the electrical equipment;
   • a list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union or international or national standards referred to in Articles 13 and 14 and, where those harmonised standards or international or national standards have not been applied, descriptions of the solutions adopted to meet the safety objectives of this Directive, including a list of other relevant technical specifications applied. In the event of partly applied harmonised standards or international or national standards referred to in Articles 13 and 14, the technical documentation shall specify the parts which have been applied;
   • results of design calculations made, examinations carried out, etc.;
   • test report
2. EU DECLARATION OF CONFORMITY
   The EU declaration of conformity shall have the model structure as following:
   • Product model/product (product, type, batch or serial number):
   • Name and address of the manufacturer or his authorised representative:
   • This declaration of conformity is issued under the sole responsibility of the manufacturer.
   • Object of the declaration (identification of electrical equipment allowing traceability; it may include a colour image of sufficient clarity where necessary for the identification of the electrical equipment):
   • 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 other technical specifications in relation to which conformity is declared:
   • Additional information: Signed for and on behalf of: (place and date of issue): (name, function) (signature):
3. CE MARKING
   By affixing or having affixed the CE marking, the manufacturer indicates that he takes responsibility for the conformity of the product with all applicable requirements. The CE marking shall be the only marking which attests the conformity of the product with the applicable requirements. The affixing to a product of markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the CE marking shall be prohibited. Any other marking may be affixed to the product provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.

UNION MARKET SURVEILLANCE

Market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks on the basis of adequate samples. Where the market surveillance authorities find that the electrical equipment does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective actions to bring the electrical equipment into compliance with those requirements or to withdraw the electrical equipment from the market, or to recall it within a reasonable period. Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any product so as to reduce the risk of injury or other damage. Member States’ authorities may destroy or otherwise render inoperable products presenting a serious risk where they deem it necessary and proportionate. Any measures of withdrawing or recalling product being made available on the market shall be promptly withdrawn or amended upon the economic operator’s demonstrating that he has taken effective action.

Where a Member State finds that although electrical equipment is in compliance with this Directive, it presents a risk to the health or safety of persons, or to domestic animals or to property it shall require the relevant economic operator to take all appropriate measures to ensure that the electrical equipment concerned, when placed on the market, no longer presents that risk, to withdraw the electrical equipment from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.