S.I. No. 307/1994:

EUROPEAN COMMUNITIES (LOW VOLTAGE ELECTRICAL EQUIPMENT) (AMENDMENT) REGULATIONS, 1994.

EUROPEAN COMMUNITIES (LOW VOLTAGE ELECTRICAL EQUIPMENT) (AMENDMENT) REGULATIONS, 1994.

I, RUAIRÍ QUINN T.D., Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Article 13 of Council Directive 93/68/EEC of 22 July 1993¹ amending Council Directive 73/23/EEC of 19 February 1973² on the CE conformity marking and assessment procedures for the technical harmonisation of the laws of Member States, hereby make the following Regulations:

¹OJ No. L 220, 30.8.1993, p.1.

²OJ No. L 77, 26.3.1973, p.29

1. (1) These Regulations may be cited as the European Communities (Low Voltage Electrical Equipment) (Amendment) Regulations, 1994 and shall come into operation on 1 January 1995.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Low Voltage Electrical Equipment) Regulations, 1992 and 1994 and shall be construed together as one.

2. In these Regulations, "the Principal Regulations means the European Communities (Low Voltage Electrical Equipment) Regulations, 1992 ( S.I. No. 428 of 1992 ).

3. The "CE conformity marking" shall consist of the symbol "CE" (the "CE mark"), a specimen form of which is set out in Annex 1 to these Regulations, attesting to conformity to the provisions of the Principal Regulations, as amended by these Regulations, including Annex II.

4. Regulation 7 of the Principal Regulations is hereby deleted and replaced by the following:

"7. (1) Before being placed on the market, the electrical equipment referred to in Regulation 2 shall have affixed to it the CE conformity marking.

(2) In the event of a dispute as to whether electrical equipment does or does not comply with Regulation 4 any person concerned may submit, as evidence that the electrical equipment complies with that Regulation, a report relating to such electrical equipment prepared by a body in any of the Member States which has been notified to the Commission and the Member States in accordance with the procedure set out in Article 11 of Council Directive 73/23/EEC. The Minister or the Director may, if called upon to arbitrate on any such dispute, have regard to any such report.

(3) (i) Where electrical equipment is subject to other regulations concerning other aspects which also provide for the affixing of the CE marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other Regulations.

(ii) However, where one or more of these Regulations allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity to the provisions only of those Regulations applied by the manufacturer. In this case, particulars of the Regulations applied must be given in the documents, notices or instructions required by the Regulations and accompanying the electrical equipment".

5. Regulation 8 of the Principal Regulations is hereby amended by the addition of the following clause.

"(d) Failure to affix the CE Mark"

6. Regulation 9 of the Principal Regulations is hereby deleted and replaced by the following:

"9 (1) The CE conformity marking shall be affixed by the manufacturer or his authorised representative established within the Community to the electrical equipment or, failing that, to the packaging, the instruction sheet or the guarantee certificate so as to be visible, easily legible and indelible.

(2) The affixing on electrical equipment of any markings liable to deceive third parties as to the meaning and form of CE marking shall be prohibited. However, any other marking may be affixed to the electrical equipment, its packaging, the instruction sheet or the guarantee certificate provided that the visibility and legibility of the CE marking is not thereby reduced.

(3) Without prejudice to Regulation 8--

(i) where it has been established that the CE marking has been affixed unduly, the manufacturer or his agent established within the Community market shall be obliged to have the electrical equipment comply with the provisions concerning the CE marking and to end the infringement.

(ii) where non-compliance continues, the Minister or the Director must take all appropriate measures to restrict or prohibit the placing on the market of the electrical equipment in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Regulation 4 and Regulation 8."

7. Until 1 January 1997, electrical equipment complying with the marking arrangements in force before 1 January 1995 shall continue to be allowed to be placed on the market.

8. Regulation 12 (3) (a) of the Principal Regulations is hereby deleted and replaced by the following:

"(a) at all reasonable times may enter premises at which any activity in connection with the placing on the market of electrical equipment is carried on, inspect the premises and any electrical equipment therein, and, if necessary, take away samples for examination and testing,".

ANNEX I

CE Conformity Marking and EC Declaration of Conformity

1. CE Conformity Marking

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

(a) If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

(b) the various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.

2. EC Declaration of Conformity

The EC Declaration of conformity must contain the following elements:

(a) Name and address of the manufacturer or his authorised representative established within the Community,

(b) a description of the electrical equipment,

(c) reference to the harmonised standards,

(d) where appropriate, references to the specifications with which conformity is declared,

(e) 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,

(f) the last two digits of the year in which the CE marking was affixed.

ANNEX II

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 paragraph (2) of this Annex, ensures and declares that the electrical equipment satisfies the requirements of the Regulations 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 paragraph (3) of this Annex 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 the Regulations as amended 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 ) a general description of the electrical equipment;

( b ) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

( c ) descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the electrical equipment;

( d ) a list of the standards applied in full or in part, and descriptions of the solutions adopted to satisfy the safety aspects of these Regulations where standards have not been applied;

( e ) results of design calculations made, examinations carried out, etc.;

( f ) 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 paragraph (2) of this Annex and with the requirements of the Regulations that apply to them.

GIVEN under my Official Seal, this 11th day of October, 1994.

RUAIRÍ QUINN,

Minister for Enterprise

and Employment.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Low Voltage Electrical Equipment) Regulations, S.I. No. 428 of 1992 which deals with the safety of electrical equipment. They give effect to the European Communities Council Directive (93/68/EEC) of 22 July 1993 amending Council Directive (73/23/EEC) of 19 February 1973, on the CE conformity marking and assessment procedures for the technical harmonisation of the laws of the Member States.

These Regulations require the manufacturer, or his authorised representative within the Community, to affix on the electrical equipment the CE conformity marking and to draw up a written declaration of conformity to the provisions of the Regulations. They also require that a technical file be established and kept on Community territory, enabling assessment by the appropriate authorities of the conformity of the electrical equipment to the safety objectives of the Directives.

These Regulations shall come into operation on 1 January 1995. Electrical equipment complying with the marking arrangements in force before this date shall continue to be allowed to be placed on the market until 1 January 1997.

The Director of Consumer Affairs has powers of enforcement for these Regulations.