The 2018 LVD Guide What suppliers of electrical equipment to the EU need to know C&R Webinar, 27 November 2018 Presented by Dr Alex Martin
Agenda • Background • Scope-related guidance • Advice pertaining to overlaps in legislation • Guidance on economic operator obligations • Conclusion
RINA overview • Originally established in 1861, RINA is an Italian-owned business active across testing, inspection and certification as well as in engineering consultancy. • In recent years it has grown through acquisitions, including Edif ERA (ERA Technology Ltd) in 2016. • As of 2018, RINA has a global network of 3,700 professionals across 65 countries. • At Leatherhead in the UK, RINA’s Industry service includes consultancy on technical and environmental regulation affecting electrical and electronic equipment.
Product Regulatory Compliance Support with product-related requirements, including: Chemicals Circular Economy Global Market Responsible Access Sourcing
Background
New law, new guidelines • The Low Voltage Directive is a longstanding EU law – it dates back to 1973. This means it predates the “New Approach” (i.e. the LVD was not a CE marking Directive when first adopted as CE marking had yet to be developed). • In its 45 year history it has experienced two revisions, each initiated by the European Commission: • Codification in 2006; and • A recast in 2014. • Over the years, the European Commission has also published non- legally binding guidelines (e.g. in 1997, 2001, 2007). • The Commission published provisional guidance in support of the LVD recast in 2015/6. An updated set of guidelines was expected to follow.
Scope
Article 1 of the LVD 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. This Directive shall apply to electrical equipment designed for use with a voltage rating of between 50 and 1 000 V for alternating current and between 75 and 1 500 V for direct current, other than the equipment and phenomena listed in Annex II.
LVD Guide interpretation regarding scope • The voltage rating is for voltage of the electrical input or output, and not to voltages that may appear inside the equipment. • The extent to which electrical components are within the scope of the LVD requires careful consideration. • Please refer to the LVD Guide for indicative examples of basic components that fall outside the scope of the LVD, but also components that are in scope. • Unless the battery provides a DC power supply between 75 and 1 500 V, battery operated electrical equipment falls outside the scope of the LVD.
LVD Guide interpretation regarding scope (cont.) • The LVD applies to all forms of supplying electrical equipment intended to be placed on the EU market, regardless of the selling technique. • Specific advice is given on the CE marking of power cord sets. • The LVD Guide’s Annex VII, Section A lists circa 30 example products within or outside the scope of the LVD. • Annex VII also discusses a socket outlet with switch; the guidance varies depending on the type of socket outlet.
Legislative overlap
When EU safety legislation other than the LVD applies This is when electrical equipment falling in scope of the LVD is also: • An item of radio equipment; or • A machine; or • A part for a passenger or goods lift; or • Intended for use in potentially explosive atmospheres.
When the LVD applies together with other EU product safety legislation • When LVD in-scope electrical equipment is to be permanently incorporated in construction works: • Then the Construction Products Regulation will also apply. • When LVD in-scope electrical equipment is intended to be a gas “fitting”: • Then the Gas Appliance Regulation will also apply, although the LVD Guide explains that this Regulation’s requirements are specific to “…gas related risks due to the hazards of electrical origin of the appliances or of the fittings.” • When LVD in-scope electrical equipment is intended for consumer use: • Then specific provisions of the General Product Safety Directive apply, although the LVD maintains precedence as the EU product safety law that must be complied with.
Economic operator obligations
Economic operator Authorised Manufacturer Importer Distributor representative Entity that makes Makes the electrical The authorised Entity established electrical equipment representative of the within the EU that equipment manufacturer places electrical Alternatively, has the available on the equipment from a electrical equipment This means an entity EU market other third country (e.g. designed or that has received a than the US, Canada) on manufactured written mandate from a manufacturer or the EU market manufacturer to act on the importer Markets the electrical his behalf, specifically equipment under his with regards to meeting name or trademark certain legal obligations
Provision of information/documentation to a national authority upon request • Any economic operator placing LVD in-scope electrical equipment on the EU market faces the obligation to provide a competent national authority with “all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the electrical equipment.” • This should follow a “reasoned request” (undefined in the LVD). • Economic operators are also to “cooperate with [the] authority, at its request, on any action taken to eliminate the risks posed by electrical equipment which they have placed on the market.” • There is no specific timeline when it comes to providing requested information and documentation. • The LVD Guide suggests that a possible default period is 10 working days. • The LVD Guide also says that Member States are “free to fix a default period in their national laws.”
Translation of instructions and safety information • Manufacturers, importers and distributors share the obligation to ensure that LVD in-scope 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.” • However, the LVD does not state which of the three economic operators is responsible for translating the information. • Advice given in the LVD Guide: • It is for each economic operator that makes in-scope electrical equipment available in an EU Member State to ensure that instructions are available in all the languages required. • Economic operators may wish to share meeting the obligation via contractual arrangements. • Consider the worked example.
Translation of the Declaration of Conformity (DoC) • Upon request by a national authority, the DoC is to be made available in the language required by the Member State in whose territory the electrical equipment is placed on the market. • However, the LVD does not state which economic operator is to fulfil this obligation. • With that in mind, the LVD Guide suggests that the fulfilment of the obligation is addressed through contractual arrangements between relevant entities.
Formal non-compliance / Presumption of conformity • Addressing formal non-compliance. • Article 22 of the LVD identifies various non-compliance issues (e.g. absence of a CE marking, no DoC) that “the relevant economic operator” may be obliged to address. Nothing is said about response times however. • Unfortunately, the LVD Guide offers little additional direction here (it is said that it is for the authorities to judge, case-by-case). • Presumption of conformity • The LVD Guide clarifies that this is only conferred when the reference of the harmonised standard is published in the EU Official Journal. Also, it is just the harmonised standard that is relevant – guidance documents on harmonised standards cannot confer the presumption of conformity.
Equipment modification and/or own labelling by importer / distributor Under these circumstances, the LVD Guide is quite clear that the importer or distributor is considered the manufacturer and should assume the corresponding obligations. This means replacing/updating the DoC (it should be in the importer’s or distributor’s name and signed by a suitable representative of the business) but not necessarily replacing test reports, certificates and other accompanying documentation provided this remains relevant.
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