The Electrical Equipment (Safety) Regulations 2016

PART 3 U.K. Conformity assessment

Presumption of conformity on the basis of [F1 designated] standards E+W+S

36.—(1) Electrical equipment which is in conformity with a [F2 designated] standard (or part of such a standard) F3 ... is to be presumed to be in conformity with the principal elements of the safety objectives covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Word in reg. 36 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 20(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 36(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 20(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 36(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 20(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Presumption of conformity on the basis of harmonised standards N.I.

36.—(1) Electrical equipment which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal is to be presumed to be in conformity with the principal elements of the safety objectives covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Extent Information

E5 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Conformity with other standards and requirements E+W+S

37.—(1) Where there are no relevant [F4 designated ] standards, electrical equipment [F5 which complies with relevant international safety provisions] is to be presumed to be in conformity with the principal elements of the safety objectives unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.

(2) When there are no relevant [F6 designated] standards and no relevant international safety provisions, electrical equipment is to be taken to comply with the principal elements of the safety objectives where—

(a) the equipment has been manufactured in accordance with the national safety provisions applicable to that equipment in the member State of manufacture; and

(b) as a result of its compliance with those national safety provisions, at the time when it is made available on the market it is at least as safe as it would be if it were in conformity with the principal elements of the safety objectives.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F4 Word in reg. 37(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(a)(i) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 37(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(a)(ii) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in reg. 37(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 37(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 21(c) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Conformity with other standards and requirements N.I.

37.—(1) Where there are no relevant harmonised standards, electrical equipment which satisfies safety provisions of international standards notified by the Commission is to be presumed to be in conformity with the principal elements of the safety objectives unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.

(2) When there are no relevant harmonised standards and no relevant international safety provisions, electrical equipment is to be taken to comply with the principal elements of the safety objectives where—

(a) the equipment has been manufactured in accordance with the national safety provisions applicable to that equipment in the [F16 relevant state] of manufacture; and

(b) as a result of its compliance with those national safety provisions, at the time when it is made available on the market it is at least as safe as it would be if it were in conformity with the principal elements of the safety objectives.

(3) In this regulation, “international standards notified by the Commission” means international standards set out by the International Electrotechnical Commission—

(a) which have been notified by the European Commission to the member States; and

(b) in respect of which no objection to their recognition has been made by a [F17 relevant state] within three months of that notification.

Extent Information

E6 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F16 Words in reg. 37(2)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 11 para. 4(a)

F17 Words in reg. 37(3)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 11 para. 4(b)

[F8 Declaration] of conformity E+W+S

38.  The F9 ... declaration of conformity for electrical equipment must—

(a) state that the fulfilment of the principal elements of the safety objectives has been demonstrated in respect of the electrical equipment;

(b) have the model structure set out in Schedule 8; and

(c) contain the elements specified in Schedule 2 for Module A Internal production control.

Extent Information

E3 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F8 Word in reg. 38 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 22(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 38 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 22(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

EU declaration of conformity N.I.

38.  The EU declaration of conformity for electrical equipment must—

(a) state that the fulfilment of the principal elements of the safety objectives has been demonstrated in respect of the electrical equipment;

(b) have the model structure set out in Schedule 8; and

(c) contain the elements specified in Schedule 2 for Module A Internal production control.

Extent Information

E7 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F10 UK] marking E+W+S

39.— [F11 (1) The UK marking must be affixed visibly, legibly and indelibly to—

(a) the electrical equipment;

(b) its data plate; or

(c) where paragraph (1A) applies, to—

(i) a label affixed to the electrical equipment; or

(ii) to a document accompanying the electrical equipment.]

[F12 (1A) For a period of [F13 seven years] beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the electrical equipment; or

(b) to a document accompanying the electrical equipment;]

(2) Where [F14 paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of the electrical equipment, to affix the [F15 UK] marking in accordance with paragraph (1), the [F15 UK] marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

Extent Information

E4 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F10 Word in reg. 39 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(a) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Reg. 39(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(b) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Reg. 39(1A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(c) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)

F13 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)

F14 Words in reg. 39(2) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(d)(i) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in reg. 39(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 23 para. 23(1)(d)(ii) (with Sch. 23 para. 30) (as amended by S.I. 2020/676, regs. 1(1), 2 and (S.I. 2020/1460, reg. 1(4), Sch. 3 para. 15(4)); 2020 c. 1, Sch. 5 para. 1(1)

CE marking N.I.

39.—(1) The CE marking must be affixed visibly, legibly and indelibly to the electrical equipment or to its data plate.

(2) Where it is not possible or warranted, on account of the nature of the electrical equipment, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

Extent Information

E8 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only