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 recognised 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 published 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 1000V for alternating current and between 75 and 1500V 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.
Articles 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 of 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 above-mentioned 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 l4
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 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 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
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.
The Safety Link (http://www.safetylink.com), the Web's most
comprehensive collection of (electrical product safety and
standards links, is provided by:
International Product Safety News (ISSN 1040 7529),
the newsletter devoted to (electrical) product safety compliance.
International Product Safety News
Arthur E. Michael, Editor
P.O.Box 1561 Dept. SL-LVD
Middletown CT 06457-8061 U.S.A.
Email: lvd@safetylink.com
Phone: (860) 344-1651
Fax : (860) 346-9066
"Thanks go to Nick Rouse of Fisons Instruments for providing this
rendering of the Low Voltage Directive"
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