\n| \n (39)<\/p>\n<\/td>\n | \n This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and the dates of application of the Directives set out in Annex V,<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n HAVE ADOPTED THIS DIRECTIVE:<\/p>\n CHAPTER 1<\/p>\n GENERAL PROVISIONS<\/span><\/p>\nArticle 1<\/p>\n Subject matter and scope<\/p>\n The purpose of this Directive is to ensure that electrical equipment on the market fulfils the requirements providing for a high level of protection of health and safety of persons, and of domestic animals and property, while guaranteeing the functioning of the internal market.<\/p>\n This Directive shall apply to electrical equipment designed for use with a voltage rating of between 50 and 1\u00a0000 V for alternating current and between 75 and 1\u00a0500 V for direct current, other than the equipment and phenomena listed in Annex II.<\/p>\n Article 2<\/p>\n Definitions<\/p>\n For the purposes of this Directive, the following definitions shall apply:<\/p>\n \n\n\n<\/colgroup>\n\n\n| \n (1)<\/p>\n<\/td>\n | \n \u2018making available on the market\u2019 means any supply of electrical equipment for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (2)<\/p>\n<\/td>\n | \n \u2018placing on the market\u2019 means the first making available of electrical equipment on the Union market;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (3)<\/p>\n<\/td>\n | \n \u2018manufacturer\u2019 means any natural or legal person who manufactures electrical equipment or has electrical equipment designed or manufactured, and markets that equipment under his name or trade mark;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (4)<\/p>\n<\/td>\n | \n \u2018authorised representative\u2019 means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (5)<\/p>\n<\/td>\n | \n \u2018importer\u2019 means any natural or legal person established within the Union who places electrical equipment from a third country on the Union market;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (6)<\/p>\n<\/td>\n | \n \u2018distributor\u2019 means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes electrical equipment available on the market;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (7)<\/p>\n<\/td>\n | \n \u2018economic operators\u2019 means the manufacturer, the authorised representative, the importer and the distributor;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (8)<\/p>\n<\/td>\n | \n \u2018technical specification\u2019 means a document that prescribes technical requirements to be fulfilled by an electrical equipment;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (9)<\/p>\n<\/td>\n | \n \u2018harmonised standard\u2019 means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No\u00a01025\/2012;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (10)<\/p>\n<\/td>\n | \n \u2018conformity assessment\u2019 means the process demonstrating whether the safety objectives referred to in Article 3 and set out in Annex I relating to electrical equipment have been fulfilled;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (11)<\/p>\n<\/td>\n | \n \u2018recall\u2019 means any measure aimed at achieving the return of electrical equipment that has already been made available to the end-user;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (12)<\/p>\n<\/td>\n | \n \u2018withdrawal\u2019 means any measure aimed at preventing electrical equipment in the supply chain from being made available on the market;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (13)<\/p>\n<\/td>\n | \n \u2018Union harmonisation legislation\u2019 means any Union legislation harmonising the conditions for the marketing of products;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (14)<\/p>\n<\/td>\n | \n \u2018CE marking\u2019 means a marking by which the manufacturer indicates that the electrical equipment is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Article 3<\/p>\n Making available on the market and safety objectives<\/p>\n Electrical equipment may be made available on the Union market only if, having been constructed in accordance with good engineering practice in safety matters in force in the Union, it does not endanger the health and safety of persons and domestic animals, or property, when properly installed and maintained and used in applications for which it was made.<\/p>\n The principal elements of the safety objectives are listed in Annex I.<\/p>\n Article 4<\/p>\n Free movement<\/p>\n The Member States shall not impede, for the aspects covered by this Directive, the making available on the market of electrical equipment which complies with this Directive.<\/p>\n Article 5<\/p>\n Supply of electricity<\/p>\n In relation to electrical equipment, the Member States shall ensure that stricter safety requirements than the safety objectives referred to in Article 3 and set out in Annex I are not imposed by electricity supply bodies for connection to the grid, or for the supply of electricity to users of electrical equipment.<\/p>\n CHAPTER 2<\/p>\n OBLIGATIONS OF ECONOMIC OPERATORS<\/span><\/p>\nArticle 6<\/p>\n Obligations of manufacturers<\/p>\n 1.\u00a0\u00a0\u00a0When placing their electrical equipment on the market, manufacturers shall ensure that it has been designed and manufactured in accordance with the safety objectives referred to in Article 3 and set out in Annex I.<\/p>\n 2.\u00a0\u00a0\u00a0Manufacturers shall draw up the technical documentation referred to in Annex III and carry out the conformity assessment procedure referred to in Annex III or have it carried out.<\/p>\n Where compliance of electrical equipment with the safety objectives referred to in Article 3 and set out in Annex I has been demonstrated by the conformity assessment procedure referred to in the first subparagraph, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.<\/p>\n 3.\u00a0\u00a0\u00a0Manufacturers shall keep the technical documentation referred to in Annex III and the EU declaration of conformity for 10 years after the electrical equipment has been placed on the market.<\/p>\n 4.\u00a0\u00a0\u00a0Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in product design or characteristics and changes in the harmonised standards referred to in Article 12, the international or national standards referred to in Articles 13 and 14, or in other technical specifications by reference to which conformity of electrical equipment is declared shall be adequately taken into account.<\/p>\n When deemed appropriate with regard to the risks presented by electrical equipment, manufacturers shall, to protect the health and safety of consumers, 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.<\/p>\n 5.\u00a0\u00a0\u00a0Manufacturers 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 the size or nature of the electrical equipment does not allow it, that the required information is provided on its packaging or in a document accompanying the electrical equipment.<\/p>\n 6.\u00a0\u00a0\u00a0Manufacturers 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 that is not possible, on its packaging or in a document accompanying the electrical equipment. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.<\/p>\n 7.\u00a0\u00a0\u00a0Manufacturers shall ensure that the electrical equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.<\/p>\n 8.\u00a0\u00a0\u00a0Manufacturers 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, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the electrical equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.<\/p>\n 9.\u00a0\u00a0\u00a0Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the electrical equipment with this Directive, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by electrical equipment which they have placed on the market.<\/p>\n Article 7<\/p>\n Authorised representatives<\/p>\n 1.\u00a0\u00a0\u00a0A manufacturer may, by a written mandate, appoint an authorised representative.<\/p>\n The obligations laid down in Article 6(1) and the obligation to draw up technical documentation referred to in Article 6(2) shall not form part of the authorised representative\u2019s mandate.<\/p>\n 2.\u00a0\u00a0\u00a0An 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:<\/p>\n \n\n\n<\/colgroup>\n\n\n| \n (a)<\/p>\n<\/td>\n | \n 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;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (b)<\/p>\n<\/td>\n | \n 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;<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n\n<\/colgroup>\n\n\n| \n (c)<\/p>\n<\/td>\n | \n cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by electrical equipment covered by the authorised representative\u2019s mandate.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Article 8<\/p>\n Obligations of importers<\/p>\n 1.\u00a0\u00a0\u00a0Importers shall place only compliant electrical equipment on the market.<\/p>\n 2.\u00a0\u00a0\u00a0Before placing electrical equipment on the market importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the electrical equipment bears the CE marking and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).<\/p>\n Where an importer considers or has reason to believe that electrical equipment is not in conformity with the safety objectives referred to in Article 3 and set out in Annex I, he shall not place the electrical equipment on the market until it has been brought into conformity. Furthermore, where the electrical equipment presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.<\/p>\n 3.\u00a0\u00a0\u00a0Importers 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 that is not possible, on its packaging or in a document accompanying the electrical equipment. The contact details shall be in a language easily understood by end-users and market surveillance authorities.<\/p>\n 4.\u00a0\u00a0\u00a0Importers shall ensure that the electrical equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.<\/p>\n 5.\u00a0\u00a0\u00a0Importers shall ensure that, while electrical equipment is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the safety objectives referred to in Article 3 and set out in Annex I.<\/p>\n 6.\u00a0\u00a0\u00a0When deemed appropriate with regard to the risks presented by electrical equipment, importers shall, to protect the health and safety of consumers, 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.<\/p>\n 7.\u00a0\u00a0\u00a0Importers 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 in which they made the electrical equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.<\/p>\n 8.\u00a0\u00a0\u00a0Importers shall, for 10 years after the electrical equipment has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.<\/p>\n 9.\u00a0\u00a0\u00a0Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of electrical equipment in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by electrical equipment which they have placed on the market.<\/p>\n Article 9<\/p>\n Obligations of distributors<\/p>\n 1.\u00a0\u00a0\u00a0When making electrical equipment available on the market distributors shall act with due care in relation to the requirements of this Directive.<\/p>\n 2.\u00a0\u00a0\u00a0Before making electrical equipment available on the market distributors shall verify that the electrical equipment bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in a language which can be easily understood by consumers and other end-users in the Member State in which the electrical equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively.<\/p>\n Where a distributor considers or has reason to believe that electrical equipment is not in conformity with the safety objectives referred to in Article 3 and set out in Annex I, 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.<\/p>\n 3.\u00a0\u00a0\u00a0Distributors shall ensure that, while electrical equipment is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the safety objectives referred to in Article 3 and set out in Annex I.<\/p>\n 4.\u00a0\u00a0\u00a0Distributors who consider or have reason to believe that electrical equipment which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that equipment into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the electrical equipment presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the electrical equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.<\/p>\n 5.\u00a0\u00a0\u00a0Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of electrical equipment. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by electrical equipment which they have made available on the market.<\/p>\n Article 10<\/p>\n Cases in which obligations of manufacturers apply to importers and distributors<\/p>\n An importer or distributor shall be considered a manufacturer for the purposes of this Directive and he shall be subject to the obligations of the manufacturer under Article 6, 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.<\/p>\n Article 11<\/p>\n Identification of economic operators<\/p>\n Economic operators shall, on request, identify the following to the market surveillance authorities:<\/p>\n | | | | | | | | | | | | | | | | | |