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31973L0023
Council Directive 73/23/EEC of 19 February 1973 on the
harmonization of
the laws of Member States relating to electrical equipment designed for
use within certain voltage limits
Official Journal L 077 , 26/03/1973 P. 0029 - 0033
Finnish special edition: Chapter 13 Volume 2 P. 0167
Greek special edition: Chapter 13 Volume 2 P. 0058
Swedish special edition: Chapter 13 Volume 2 P. 0167
Spanish special edition: Chapter 13 Volume 2 P. 0182
Portuguese special edition Chapter 13 Volume 2 P. 0182
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COUNCIL DIRECTIVE of 19 February 1973
on the harmonization of the laws
of Member States relating to electrical equipment designed for use
within certain voltage limits (73/23/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas the provisions in force in the Member States designed to ensure
safety in the use of electrical equipment used within certain voltage
limits may differ, thus impeding trade;
Whereas 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;
Whereas in other Member States in
order to achieve the same objective, the safety legislation provides
for reference to technical standards laid down by Standards Bodies ;
whereas such a system offers the advantage of rapid adjustment to
technical progress without neglecting safety requirements;
Whereas certain Member States carry out administrative operations to
approve standards ; whereas such approval neither affects the technical
content of the standards in any way nor limits their conditions of use
; whereas such approval cannot therefore alter the effects, from a
Community point of view, of harmonized and published standards;
Whereas within the Community the free movement of electrical equipment
should follow when this equipment complies with certain safety
requirements recognized in all Member States ; whereas without
prejudice to any other form of proof, the proof of compliance with
these requirements may be established by reference to harmonized
standards which incorporate these conditions ; whereas these harmonized
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 publicized as widely as possible ; whereas
such harmonization should for the purposes of trade eliminate the
inconveniences, resulting from differences between national standards;
Whereas, without prejudice to any other form of proof, the compliance
of electrical equipment with the harmonized standards may be presumed
from the affixing or issue of marks or certificates by the competent
organizations or, in the absence thereof, from a manufacturer's
declaration of compliance ; whereas in order to facilitate the removal
of barriers to trade the Member States should recognize such marks or
certificates or such declaration as elements of proof ; whereas, with
this end in view, the said marks or certificates should be publicized
in particular by their publication in the Official Journal of the
European Communities;
Whereas as a transitional measure, the free
movement of electrical equipment for which harmonized standards do not
yet exist may be achieved by applying the safety provisions or
standards already laid down by other international bodies or by one of
the bodies which establish harmonized standards;
Whereas it is
possible that electrical equipment may be placed in free circulation
even though it does not comply with the safety requirements, and
whereas it is therefore desirable to lay down suitable provisions to
minimize this danger;
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive "electrical equipment" means any
equipment designed for use with a voltage rating of between 50 and 1
000 v for alternating current and between 75 and 1 500 v for direct
current, other than the equipment and phenomena listed in Annex II.
Article 2
1. The Member States shall take all appropriate measures to ensure that
electrical equipment may be placed on the market only if, having been
constructed in accordance with good 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 principal elements of the safety objectives referred to in
paragraph 1 are listed in Annex I.
Article 3
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
Articles 5, 6, 7 and 8, the free movement thereof within the Community
shall not be impeded for reasons of safety.
Article 4
In
relation to electrical equipment the Member States shall ensure that
stricter safety requirements than those laid down in Article 2 are not
imposed by electricity supply bodies for connection to the grid, or for
the supply of electricity to users of electrical equipment.
Article 5
The Member States shall take all appropriate measures to ensure that,
in particular, electrical equipment which complies with the safety
provisions of harmonized standards shall be regarded by their competent
administrative authorities as complying with the provisions of Article
2, for the purposes of placing on the market and free movement as
referred to in Articles 2 and 3 respectively.
Standards shall be
regarded as harmonized once they are drawn up by common agreement
between the bodies notified by the Member States in accordance with the
procedure laid down in Article 11, and published under national
procedures. The standards shall be kept up to date in the light of
technological progress and the developments in good engineering
practice in safety matters.
For purposes of information the list
of harmonized standards and their references shall be published in the
Official Journal of the European Communities.
Article 6
1. Where harmonized standards as defined in Article 5 have not yet been
drawn up and published, the Member States shall take all appropriate
measures to ensure that, for the purposes of placing on the market or
free movement as referred to in Articles 2 and 3 respectively, their
competent administrative authorities shall also regard, as complying
with the provisions of Article 2, electrical equipment which complies
with the safety provisions of the International Commission on the Rules
for the Approval of Electrical Equipment (CEE) or of the International
Electrotechnical Commission (IEC) in respect of which the publication
procedure laid down in paragraphs 2 and 3 has been applied.
2.
The safety provisions referred to in paragraph 1 shall be notified to
the Member States by the Commission as from the entry into force of
this Directive, and thereafter as and when they are published. The
Commission, after consulting the Member States, shall state the
provisions and in particular the variants which it recommends to be
published.
3. The Member States shall inform the Commission
within a period of three months of such objections as they may have to
the provisions thus notified, stating the safety grounds on account of
which the provisions should not be recognized.
For purposes of
information those safety provisions against which no objection has been
raised shall be published in the Official Journal of the European
Communities.
Article 7
Where harmonized standards within
the meaning of Article 5 or safety provisions published in accordance
with Article 6 are not yet in existence, the Member States shall take
all appropriate measures to ensure that, for the purpose of placing on
the market or free movement as referred to in Articles 2 and 3
respectively, their competent administrative authorities shall also
regard as complying with the provisions of Article 2, electrical
equipment manufactured in accordance with the safety provisions of the
standards in force in the Member State of manufacture, if it ensures a
safety level equivalent to that required in their own territory.
Article 8
1. The Member States shall take all appropriate steps to ensure that
their competent administrative authorities shall also allow the placing
on the market or free movement, as referred to in Articles 2 and 3
respectively, of electrical equipment which, although not conforming
with the harmonized standards referred to in Article 5 or the
provisions of Articles 6 and 7, complies with the provisions of Article
2.
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 the procedure set out in Article 11, on the conformity
of the electrical equipment with the provisions of Article 2.
Article 9
1. If, for safety reasons, a Member State prohibits the placing on the
market of any electrical equipment or impedes its free movement, it
shall immediately inform the other Member States concerned and the
Commission, indicating the grounds for its decision and stating in
particular: - whether its non-conformity with Article 2 is attributable
to a shortcoming in the harmonized standards referred to in Article 5,
the provisions referred to in Article 6 or the standards referred to in
Article 7;
- whether its non-conformity is attributable to faulty
application of such standards or publications or to failure to comply
with good engineering practice as referred to in Article 2.
2. If other Member States raise objections to the decision referred to
in paragraph 1, the Commission shall immediately consult the Member
States concerned.
3. If an agreement has not been reached within
three months from the date of notification as laid down in paragraph 1,
the Commission shall obtain the opinion of one the bodies notified in
accordance with the procedure laid down in Article 11 having its
registered office outside the territory of the Member States concerned
and which has not been involved in the procedure provided for in
Article 8. The opinion shall state the extent to which the provisions
of Article 2 have not been complied with.
4. The Commission shall
communicate the opinion of this body to all the Member States which
may, within a period of one month, make their observations known to the
Commission. The Commission shall at the same time note any observations
by the parties concerned on the abovementioned opinion.
5. Having
taken note of these observations the Commission shall, if necessary,
formulate the appropriate recommendations or opinions.
Article 10
1. Without prejudice to other methods of proof, the Member States shall
take all appropriate steps to ensure that their competent
administrative authorities shall accept that there is a presumption of
conformity with the provisions of Articles 5, 6 and 7 where a mark has
been placed on the electrical equipment denoting conformity, or where a
certificate of conformity is produced or, in the absence thereof, and
in particular in the case of industrial equipment, the manufacturer's
declaration of conformity.
2. The marks or certificates shall be
established, separately or by common agreement, by the bodies notified
in accordance with the procedure laid down in Article 11. Specimens of
these marks or certificates shall be published by these bodies and, for
information purposes in the Official Journal of the European
Communities.
Article 11
Each Member State shall inform
the other Member States and the Commission of the following: - the
bodies referred to in Article 5;
- the bodies which may establish the marks and certificates in
accordance with the provisions of Article 10;
- the bodies which may make a report in accordance with the provisions
of Article 8 or give an opinion in accordance with the provisions of
Article 9;
- the place of publication referred to in Article 5 (2);
Any amendment to the above shall be notified by each Member State to
the other Member States and to the Commission.
Article 12
This Directive shall not apply to electrical equipment intended for
export to third countries.
Article 13
1. The Member States shall put into force the laws, regulations and
administrative provisions necessary to comply with the requirements of
this Directive within eighteen months of its notification and shall
forthwith inform the Commission thereof.
However, in the case of Denmark, the time limit shall be extended to
five years.
2. The Member States shall communicate to the Commission the texts of
the main provisions of national laws which they adopt in the field
covered by this Directive.
Article 14
This Directive is addressed to the Member States.
Done at Brussels, 19 February 1973.
For the Council
The President
A. LAVENS
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 manufacturers or brand name or 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 danger of physical injury or other harm
which might be caused by electrical contact direct or indirect;
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.
ANNEX II
EQUIPMENT AND PHENOMENA OUTSIDE THE SCOPE OF THE DIRECTIVE
Electrical equipment for use in an explosive atomosphere
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
Specialized electrical equipment, for use on ships, aircraft or
railways, which complies with the safety provisions drawn up by
international bodies in which the Member States participate.
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