The Electrical Equipment (Safety) Regulations 2016

[^key-f72933b3248676cd1d344562f6d16133]: Words in reg. 39(1A) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (l)

[^key-7f236ff1fa1aba50322f66ed258cafa6]: Words in reg. 2(1) omitted (E.W.S.) (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 14(2) (with reg. 23)

[^key-f1e3571da0f564fca4ad6ecaaeaf4472]: Reg. 34B substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 14(3) (with reg. 23)

Designated standard

2A

• (1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means a technical specification which is—

• (a) adopted by a recognised standardisation body or an international standardising body, for repeated or continuous application, with which compliance is not compulsory; and

• (b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

• (2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

• (a) the characteristics required of a product, including—

• (i) the levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

• (ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

• (b) the production methods and processes relating to the product, where these have an effect on the characteristics of the product.

• (3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

• (a) the European Committee for Standardisation (CEN);

• (b) the European Committee for Electrotechnical Standardisation (Cenelec);

• (c) the European Telecommunications Standards Institute (ETSI);

• (d) the British Standards Institution (BSI).

• (3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

• (4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

• (5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant.

• (6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

• (7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

• (8) In this regulation, a reference to a “product” is a reference to electrical equipment to which these Regulations apply.

• (9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

• (10) Regulations made under paragraph (9) are to be made by statutory instrument.

• (11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.

Electrical equipment to which these Regulations apply

Declaration of conformity and UK marking

Prohibition on improper use of UK marking

Obligations which are met by complying with obligations in the Directive

34A

• (1) In this regulation—

• (a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

• (b) “CE marking” has the meaning given to it in Article 2(14); and

• (c) “harmonised standard” has the meaning given to it in Article 2(9).

• (2) Paragraph (3) applies where, before placing electrical equipment on the market, the manufacturer—

• (a) ensures that the electrical equipment has been designed and manufactured in accordance with the principal elements of the safety objectives set out in Annex I;

• (b) ensures that the conformity assessment procedure that applies to that equipment in accordance with Annex III has been carried out;

• (c) draws up the technical documentation referred to in Annex III;

• (d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared or translated into English;

• (e) affixes a CE marking, in accordance with Articles 16 and 17(1) and (2);

• (f) draws up an EU declaration of conformity, in accordance with Article 15; and

• (g) ensures that the EU declaration of conformity is prepared in or translated into English.

• (3) Where this paragraph applies—

• (a) the requirements of regulations 4, 5, 6(1) and (3) are to be treated as being satisfied;

• (b) regulations 2(2)(a), 6(2), 7, 10(2), 14(2), and 34 apply subject to the modifications in paragraph (8);

• (c) Part 3 does not apply; and

• (d) regulation 48(1) does not apply.

• (4) Paragraph (5) applies where, before placing electrical equipment on the market, the importer ensures that—

• (a) the conformity assessment procedure that applies to that equipment in accordance with Annex III has been carried out;

• (b) the manufacturer has drawn up the technical documentation referred to in Annex III; and

• (c) the equipment bears the CE marking.

• (5) Where this paragraph applies—

• (a) the requirements of regulation 16(a) to (c) are to be treated as being satisfied; and

• (b) regulations 2(2)(a), 17(1), 20 and 21 apply subject to the modifications in paragraph (8).

• (6) Paragraph (7) applies where, before making electrical equipment available on the market, a distributor ensures that the equipment bears the CE marking.

• (7) Where this paragraph applies—

• (a) regulation 26(1)(a)(i) is to be treated as being satisfied; and

• (b) regulations 27(1) and 28 apply subject to the modifications in paragraph (10).

• (8) The modifications referred to in sub-paragraphs (3)(b), (5)(b) and (7)(b) are that—

• (a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

• (b) any reference to “UK marking” is to be read as a reference to the CE marking;

• (c) any reference to “principal elements of the safety objectives” is to be read as a reference to the principal elements of the safety objectives referred to in Annex I;

• (d) any reference to “designated standard” is to be read as a reference to a harmonised standard within the meaning of Article 2(9);

• (e) any reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the equipment in accordance with Annex III; and

• (f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex III.

Expiry of regulation 34A

34B

• (1) In this regulation—

• (a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

• (b) “harmonised standard” has the meaning given to it in Article 2(9).

• (2) Paragraph (3) applies where before placing electrical equipment on the market, the manufacturer—

• (a) ensures that the electrical equipment has been designed and manufactured in accordance with the principal elements of the safety objectives set out in Annex I;

• (b) ensures that the conformity assessment procedure that applies to that electrical equipment in accordance with Annex III has been carried out;

• (c) draws up the technical documentation referred to in Annex III; and

• (d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.

• (3) Where this paragraph applies—

• (a) the requirements of regulations 4 and 5 are to be treated as being satisfied;

• (b) except for regulations 38 and 39, Part 3 does not apply;

• (c) regulations 2(2)(a), 6(1), 7, 10(2)(b), 14, 16(a) and (b), 20, 21, 27, 28 and 48 and Schedule 8 apply subject to the modifications in paragraph (4);

• (d) regulations 34 and 38 and Schedule 8 apply subject to the modifications in paragraphs (4) and (5).

• (4) The modifications referred to in paragraph (3)(c) and (d) are that—

• (a) any reference to “principal elements of the safety objectives” is to be read as a reference to the principal elements of the safety objectives referred to in Annex I;

• (b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

• (c) any reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the equipment in accordance with Annex III;

• (d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III.

• (5) The modifications referred to in paragraph (3)(d) are that—

• (a) in regulations 34 and 38 any reference to Schedule 2 is to be read as a reference to Annex III;

• (b) in paragraph 5 of Schedule 8 the reference to “statutory requirements” is to be read as including the Directive.

Qualifying Northern Ireland Goods

34C

• (1) Where paragraph (2) applies electrical equipment is to be treated as being in conformity with Part 2.

• (2) This paragraph applies where—

• (a) electrical equipment—

• (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and

• (ii) is qualifying Northern Ireland goods; and

• (b) an importer has complied with the obligations set out in paragraph (3).

• (3) The obligations referred to in paragraph (2)(b) are that, before placing the electrical equipment on the market, the importer—

• (a) complies with regulation 18;

• (b) ensures that—

• (i) the relevant conformity assessment procedure has been carried out in relation to the electrical equipment, in accordance with Part 3, as that Part applies in Northern Ireland;

• (ii) the manufacturer has drawn up the technical documentation; and

• (iii) the electrical equipment bears the CE marking.

• (4) In this regulation—

• “CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

• “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

• “technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

Safe connection of electrical equipment intended for use in the United Kingdom

Declaration of conformity

UK marking

Transitional provision in relation to EU Exit

62A

• (1) In this regulation—

• “pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day;

• “product” means electrical equipment to which these Regulations apply.

• (2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 23 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

• (3) Paragraph (2) does not apply to—

• (a) any obligation of any enforcing authority to inform the European Commission or the Member States of any matter; or

• (b) any obligation to take action outside of the United Kingdom in respect of that product.

Revocations and amendments

UK marking and ... declaration of conformity

Declaration of conformity (No xxxx)

Further use of UK marking