The 2018 LVD GuideWhat 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:

Circular Economy

Global Market

Access

Chemicals

Responsible

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

Manufacturer Authorised

representativeImporter Distributor

Makes the electrical

equipment

Alternatively, has the

electrical equipment

designed or

manufactured

Markets the electrical

equipment under his

name or trademark

The authorised

representative of the

manufacturer

This means an entity

that has received a

written mandate from a

manufacturer to act on

his behalf, specifically

with regards to meeting

certain legal obligations

Entity established

within the EU that

places electrical

equipment from a

third country (e.g.

US, Canada) on

the EU market

Entity that makes

electrical

equipment

available on the

EU market other

than the

manufacturer or

the importer

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.

In conclusion

• For economic operators, the most salient advice given in the new LVD Guide

arises in discussion of the Directive’s scope, overlap with other EU product

legislation, and legal obligations.

• Concerning scope, interpretation is offered on the LVD’s voltage rating,

components and distance selling. Annex VII gives helpful examples.

• When an EU safety law takes precedence over the LVD, LVD harmonised

standards may still be applied to demonstrate electrical safety. If used, the LVD

harmonised standard(s) can be referenced in the DoC, but the DoC should

refer to the legislation that takes precedence (e.g. the Machinery Directive).

• Various legal obligations are stated in the LVD and it is important to determine

which apply to you if you are involved in the supply of electrical equipment to

the EU. Many obligations fall upon manufacturers, but sometimes it is unclear

who is responsible for meeting administrative requirements like the translation

of instructions and safety information.

Further information

• RINA Product Regulatory Compliance Team

alex.martin@rina.org +44(0)1372 367 032

• Compliance & Risks – C2P

• European Commission (DG GROW)

GROW-DIR-LV@ec.europa.eu

The 2018 LVD GuideWhat suppliers of electrical equipment to the EU need to know

C&R Webinar, 27 November 2018

Presented by Dr Alex Martin