S.I. No. 62/1975 - European Communities (Low Voltage Electrical Equipment) Regulations, 1975.

S.I. No. 62 of 1975.

EUROPEAN COMMUNITIES (LOW VOLTAGE ELECTRICAL EQUIPMENT) REGULATIONS, 1975.

I, JUSTIN KEATING, Minister for Industry and Commerce, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations:

1 Short Title

1. These Regulations may be cited as the European Communities (Low Voltage Electrical Equipment) Regulations, 1975.

2 Commencement

2. These Regulations shall come into operation on the 1st day of August, 1975.

3 Interpretation

3. In these Regulations—

"electrical equipment" means any equipment designed for use with a voltage rating of between 50 volts and 1000 volts for alternating current and between 75 volts and 1500 volts for direct current but does not include any electrical equipment which is specified in the Second Schedule to these Regulations;

"harmonised standards" means standards of safety which have been drawn up by common agreement between the electrotechnical harmonising bodies notified by the Member States of the European Economic Community and which have been published in accordance with the Industrial Research and Standards Act, 1961 (No. 20 of 1961), and as revised from time to time;

"International Standards Body" means the International Commission on the Rules for the Approval of Electrical Equipment (CEE) or the International Electrotechnical Commission (IEC);

"the Minister" means the Minister for Industry and Commerce;

"National Standards Organisation" means in relation to the State, the Institute for Industrial Research and Standards, and in relation to any other Member State of the European Economic Community, the organisation within that State which is authorised to publish safety standards for electrical equipment;

"standard" means a technical specification available to the public and published by an International Standards Body or a National Standards Organisation.

4 Prohibition on importation and sale of electrical equipment

4. (1) No person shall import, sell or lease, or offer for sale or for lease, any electrical equipment unless, having been constructed in accordance with the principles of good engineering practice in safety matters, it does not endanger the safety of persons, domestic animals or property.

(2) In deciding whether electrical equipment complies with the requirements of paragraph (1) of this Regulation due regard shall be had to—

( a ) the safety objectives referred to in the First Schedule to these Regulations,

( b ) the method of installation and maintenance intended for the equipment as indicated on the equipment or on a separate notice accompanying the equipment,

( c ) the uses for which such equipment is stated to be suitable as indicated on the equipment or on a separate notice accompanying the equipment.

(3) In deciding whether electrical equipment complies with the requirements of paragraph (1) of this Regulation, regard shall not be had to the radio-interference characteristics of the equipment.

5 Harmonised standards

5. Electrical equipment which complies with the provisions of harmonised standards shall be deemed to comply with the requirements specified in Regulation 4 of these Regulations.

6 Provision in the absence of harmonised standards

6. (1) Where there are no relevant harmonised standards, electrical equipment which complies with the safety provisions of standards which have been published by the International Commission on the Rules for the approval of Electrical Equipment (CEE) or the International Electrotechnical Commission (IEC) and which have been published in the Official Journal of the European Communities, shall be regarded as complying with the provisions of Regulation 4 of these Regulations.

(2) Where—

( a ) there are no relevant harmonised standards, and

( b ) no relevant standard of an international standards body has been published,

electrical equipment which is manufactured in accordance with the safety standards which are applied in a Member State of the European Economic Community shall be regarded as complying with the provisions of Regulation 4 of these Regulations: Provided that such standards ensure a safety level equivalent to that which is applied in the State.

7 Electrical Equipment not complying with harmonised standards

7. (1) Nothing in these Regulations shall operate to prevent the importation, sale or lease, or the offering for sale or for lease, of electrical equipment which does not comply with the provisions of Regulation 5 or 6 of these Regulations if such electrical equipment complies with the provisions of Regulation 4 of these Regulations.

(2) In the event of a dispute as to whether electrical equipment does or does not comply with Regulation 4 of these Regulations the importer or manufacturer concerned may submit as evidence that the electrical equipment complies with that Regulation a report relating to such electrical equipment prepared by an examining body in any of the member states of the European Economic Community which has been notified to the Commission of the European Communities and the Member States. The Minister may if called upon to arbitrate on any such dispute have regard to any such report.

8 Procedure when importation or sale of electrical equipment is prohibited

8. If, for reasons of safety, the importation, sale or lease, or the offer for sale or for lease of electrical equipment is prohibited, the Minister shall forthwith notify the Member States of the European Economic Community and the Commission of the European Communities of the decision and any such notice shall indicate the reason for the decision and shall state in particular whether the nonconformity of the electrical equipment with Regulation 4 of these Regulations is due to—

( a ) a defect in

(i) harmonised standards,

(ii) the safety provisions of published standards of an International Standards Body, or

(iii) the safety standards of the State in which the electrical equipment was manufactured,

( b ) the faulty application of a standard,

( c ) failure to comply with the principles of good engineering practice.

9 Conformity marks

9. (1) Whenever a mark has been placed on electrical equipment indicating conformity with the provisions of Regulations 5 or 6 of these Regulations, or whenever a certificate of conformity, or a manufacturer's declaration of conformity is produced, such electrical equipment shall be deemed, until the contrary is proved, to comply with the requirements of these Regulations.

(2) The Minister shall accept marks of conformity and forms of certificate specimens of which shall have been published in the Official Journal of the European Communities.

10 Non-application of Regulations

10. These Regulations shall not apply to electrical equipment intended for export to states outside the European Economic Community.

11 Provision relating to supply of electricity

11. No person or body shall impose on any person stricter safety requirements than those required by these Regulations as a condition of the connection or supply of electricity to users of electrical equipment.

FIRST SCHEDULE.

Principal elements of the safety objectives for electrical equipment designed for use within the voltage limits specified in these Regulations.

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 manufacturer's 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 Schedule 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.

In complying with condition 1(d), measures of a technical nature should be taken 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 experience has shown may occur;

and

( 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.

In complying with conditions 1(d), technical measures are to be taken 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.

SECOND SCHEDULE.

Equipment to which regulations do not apply.

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.

Specialised 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.

GIVEN under my Official Seal, this 24th day of March, 1975.

JUSTIN KEATING,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations are made to give effect to the European Communities Council Directive (73/23 EEC) of 19th February, 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (OJ No. L77/29—26.3.1973).

They will apply to equipment with voltage ratings of between 50 volts and 1,000 volts for alternating current and between 75 and l,500 volts for direct current and will ensure that such equipment will be placed on the market only if, having been constructed in accordance with good engineering practice in matters of safety in force in the Community, it does not endanger the safety of persons, domestic animals or property.