Electrical Accessories Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,571, 23 ta’ April, 2004

L.N. 181 of 2004

PRODUCT SAFETY ACT

(ACT NO. V OF 2001)

Electrical Accessories Regulations, 2004

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, 2001, the Minister of Competitiveness and

Communications, on the advice of the Malta Standards Authority, has

made the following regulations:-

The title of these regulations is the Electrical Accessories Citation.

Regulations, 2004.

EXCLUDED ELECTRICAL ACCESSORIES

(in relation to regulations 5 (1) of the Electrical Accessories Regulations, 2004

1. Any plug, socket or adaptor which incorporates any other electrical accessory

(other than a fuse link, switch or indicator light).

2. Any plug or socket forming part of a ceiling-rose connector (that is to say a

connector designed to power up overhead electric lighting fittings).

3. Any plug or socket forming part of a luminaire comprising a track system for

electric lights and their fittings.

4. Any non-Maltese plug supplied loose which is manufactured to comply with

the safety provisions of IEC 60884-1 and which is individually marked with or

individually accompanied by

a) a conspicuous warning that it is not suitable for connection to a mains

socket in Malta and

b) suitable instructions for its intended use.

5. Any non-Maltese plug supplied loose which is manufactured to comply with

a European Standard as subsequently upgraded and which is individually marked with

or individually accompanied by

a) a conspicuous warning that it is not suitable for connection to a mains

socket in Malta and

b) suitable instructions for its intended use.

6. Any non-Maltese socket-outlet supplied loose which is manufactured to

comply with the safety provisions of IEC 60884-1, and which is individually marked

with or individually accompanied by

a) a conspicuous warning that it is not suitable for domestic use in Malta and

b) suitable instructions for its intended use.

7. Any non-Maltese socket-outlet supplied loose which is manufactured to

comply with a European Standard as subsequently upgraded and which is individually

marked with or individually accompanied by

B

a) a conspicuous warning that it is not suitable for domestic use in Malta

and

b)

suitable instructions for its intended use.

8. Any non-rewirable or any moulded-on Europlug (that is to say any plug

conforming with MSA EN 50075) which is designed for the purpose of connecting to

a shaver supply unit conforming to MSA EN 60742 or BS 3535: Part 1 any electrical

shaver, toothbrush or similar appliance; and for the purposes of this paragraph the

expression “shaver supply unit” shall have the meaning given to it in MSA EN 60742.

9. Any travel adaptor (that is to say an adaptor which enables a plug intended

for use in Malta to be connected to a socket used outside Malta).

(1) These regulations shall enter into force on 1st May, 2004.

(2) During the period commencing from 1 st of May, 2004

and ending on 30 th June, 2004 any responsible person may,

notwithstanding any other provision of these regulations, place on the

market

(a) electrical accessories and electrical equipment fitted with

electrical accessories in conformity with these regulations; or

(b) electrical accessories and electrical equipment fitted with

electrical accessories in conformity with the Electrical Accessories Order No. M30 of

1991. Order, 1991.

(3) After 1 st July, 2004, no responsible person shall place

on the market electrical accessories and electrical equipment, which

are not in conformity with these regulations and the provisions of

subregulation (2) hereof shall not as from the 1 st of July, 2004, be

applicable any longer.

SPECIFIED MALTESE STANDARDS

(in relation to regulations 5 (1) and (9) of the Electrical Accessories

Regulations 2004

(1)

(2)

(3)

Item

Maltese

No.

Electrical accessories

Standard

Standard plugs, socket-outlets with which stand-

MSA BS 1363.

ard plugs may be engaged and 13A adaptors

2-pin reversible plugs and shaver sockets

MSA BS 4573.

Fuse links which are suitable for use in a stand-

MSA BS 1362.

ard plug

Adaptors

MSA BS 5733.

For the purposes of these regulations, all the definitions of the Definitions.

Product Safety Act shall apply, and in addition

“electrical accessory” means a device associated with the

electrical wiring of a domestic installation;

“adaptor” means a electrical accessory which may be engaged

with a socket, being an electrical accessory which is designed-

(a) to enable a plug having pins, or other forms of

contact, of different dimensions or configuration to those of

the socket to be engaged with the socket;

(b) to enable more than one plug to be engaged with

the socket; or

(c) to be used for both of the purposes mentioned in

sub-paragraphs (a) and (b) above;

“13A - adaptor” means a portable adaptor which has been

designed to be engaged with a socket-outlet which conforms to

MSA BS 1363,

“conversion plug” means a device which may be engaged

with a socket-outlet conforming to MSA BS 1363, and which is

designed to enable a non Maltese plug to be engaged with such a

socket

“cable connector” means an electrical accessory designed to

join flexible cables or cords in such a way that the cables or cords

can be joined and separated without the use of a tool;

“Community” means the European Community;

“conformity assessment body” means a body designated

according to the Method for Designating Conformity Assessment

Bodies Regulations, 2003;

“Domestic ” means in and around the home;

“electrical equipment” means any equipment which is

designed for use with a nominal rated voltage of 230V, 50Hz , and

is intended for the purpose of generation, conversion, transmission,

distribution or utilization of electrical energy;

“electrical equipment coupler” means an accessory designed

to connect a flexible cable or cord to electrical equipment and

consisting of—

(a) a connector which is integral with, or intended to

be attached to, the flexible cable or cord; and

(b) an inlet which is incorporated in or fixed to the

electrical equipment, or intended to be fixed to it;

“fuse element” means that part of a fuse designed to melt

when an excessive current flows into an electrical circuit;

“fuse link” means that part of a fuse including the fuse element

which requires replacement by a new fuse link after the fuse element

has melted, and before the fuse can be put back into service;

“importer” means any person who imports electrical

accessories produced outside, and imported into Malta, and includes

electrical accessories produced in Malta, exported therefrom, and

afterwards imported thereinto;

“local authorised representative” means any person (or

organisation) established in Malta who has been appointed by the

manufacturer to act on his behalf in carrying out certain tasks

required by these regulations;

“luminaire” means apparatus which distributes, filters or

transforms the light transmitted from one or more lamps and which

includes all the parts necessary for supporting, fixing and protecting

the lamps, together with the means for connecting them to the

supply, but not the lamps themselves;

“manufacturer” means the person who is primarily responsible

for the design and, or construction of electrical accessories so that

these comply with the requirements of these regulations;

“MSA BS 1362” means the Maltese Standard Specification

for general purpose fuse links for domestic and similar purposes

(primarily for use in plugs), MSA BS 1362, as subsequently

upgraded;

“MSA BS 1363” means all the Maltese specifications for 13A

fused plugs and switched and unswitched socket-outlets, as

subsequently upgraded and includes

(a) “MSA BS 1363 part 1” which means the Maltese

Standard for 13 A plugs, socket-outlets and adaptors.

Specification for rewirable and non-rewirable 13 A fused

plugs, MSA BS 1363 part 1 , as subsequently upgraded

(b) MSA BS 1363 part 2" which means the Maltese

Standard for 13 A plugs, socket-outlets and adaptors.

Specification for 13 A switched and unswitched socket-outlets,

MSA BS 1363 part 2, as subsequently upgraded,

(c) “MSA BS 1363 part 3” which means the Maltese

Standard for 13 A plugs, socket-outlets and adaptors.

Specification for adaptors, MSA BS 1363 part 3, as

subsequently upgraded ,

“MSA BS 4573” means the Maltese Standard Specification

for two-pin reversible plugs and shaver socket-outlets, MSA BS

4573, as subsequently upgraded,

“MSA BS 5733” means the Maltese Standard Specification

of general requirements for electrical accessories, MSA BS 5733,

as subsequently upgraded,

“MSA EN 50075” means the Maltese Specification for flat

non-wirable two-pole plugs, 2.5 amp/250 volt, with cord, for the

connection of class II equipment for household and similar purposes

MSA EN 50075, as subsequently upgraded;

IEC 60884-1 (also known as IEC 884-1) means the

International Electrotechnical Commission standard for plugs and

socket-outlets for household and similar purposes published by

the International Electrotechnical Commission as subsequently

upgraded;

“non-Maltese plug” means any plug which is not suitable

without adaptation or modification for connection to a mains

socket-outlet designed for use in Malta;

“non-Maltese socket-outlet” means any socket-outlet which

is not suitable without adaptation or modification for connection

with a plug designed for use in Malta;

“person who supplies electrical accessories” means

wholesalers, distributors, retailers and similar trades;

“placing on the market” means the initial action of making

available a product, falling under regulations 4(3)(a) of these

regulations for the first time on the Maltese market with a view to

distribution or use in Malta.

“plug” means a portable fused or unfused accessory other

than a cable connector or an electrical equipment coupler, having

projecting pins designed to engage with the contacts of a

corresponding socket-outlet and incorporating means for

transmitting an electrical current through a flexible cable or cord

attached to the plug;

“plug transformer” means a power supply unit which carries

pins and can be engaged safely with a socket-outlet made to the

dimensions specified in MSA BS 1363;

“portable multiple socket outlet” means electrical equipment

which comprises two or more sockets designed and made to

dimensions other than those specified in MSA BS 1363, which is

designed to be connected to a socket conforming to MSA BS 1363

by means of a flexible cable or cord and a plug, and which may be

used without being mounted onto a fixed surface or structure;

“rcd plug” means a plug which carries three pins substantially

rectangular in form, is designed to be engaged with a socket made

to the dimensions specified in MSA BS 1363, and which

incorporates an auxiliary sensing circuit which will automatically

disconnect the main circuit at a predetermined current;

“responsible person” in relation to electrical accessories

means

(a)

the manufacturer thereof;

(b)

the manufacturer’s local authorised representative;

or

(c) where the manufacturer is not established in Malta

and he has not appointed a local authorised representative,

the person who places the electrical accessories on the local

market.

“socket-outlet” means an electrical accessory other than a

cable connector, with which a plug may be engaged for the purpose

of connecting to an electrical circuit, whether or not by means of a

switch, electrical equipment to which a plug is attached;

“standard plug” means a plug which carries three pins

substantially rectangular in form and is designed for engagement

with a socket-outlet made to the dimensions specified in MSA BS

1363;

“supply” includes offering to supply, agreeing to supply,

exposing for supply and possessing for supply, and cognate

expressions shall be construed accordingly.

EXCLUDED ELECTRICAL EQUIPMENT

(in relation to regulations 6 (1) and (2) of the Electrical Accessories Regulations

1. Any fixed luminaire, being a luminaire which cannot easily be moved from

one place to another, either because it can only be removed with the use of a tool, or

because it is intended for use out of easy reach.

2. Any ceiling-rose connector (that is to say a connector designed to power up

overhead electric lighting fittings).

3. Any electric light designed and intended to be located within a recess in a

wall or ceiling.

4. Any electrical equipment which is fitted with an rcd plug.

5. Any electrical equipment which is fitted with a plug transformer.

6. Any electrical equipment which is fitted with a plug other than a standard

plug which is designed to engage with a compatible portable multiple socket outlet.

7. Any electrical equipment which is intended to be permanently connected to

the fixed wiring of the mains system other than by means of a plug and socket.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

(1) These regulations re-enact with modifications the

provisions of the Electrical Accessories Order, 1991 and make provision

for the first time for certain requirements to be satisfied in relation to

1991. electrical equipment.

(2) In these regulations where there is a requirement in any

provision of these regulations that an electrical accessory shall conform

to a Maltese Standard, including where conformity is required for

approval by a conformity assessment body, such requirement shall be

satisfied if the electrical accessory conforms to any standard or

specification recognised for use in any member State of the Community,

provided that conformity to such a standard or specification provides a

level of safety equivalent to that which would be provided by conformity

to the relevant Maltese Standard, and any reference to such a requirement

shall be construed accordingly.

(3) (a) The provisions of these regulations are applicable

to all imported and locally manufactured electrical accessories, and to

those electrical accessories fitted to electrical equipment which is

ordinarily intended for domestic use.

(b) No person may construct, import, place on the

market, supply or put into service any electrical accessories or electrical

equipment fitted with electrical accessories which do not comply with

the provisions of these regulations.

(1) Sub-regulations (2), (3) (a) to (c), (4), (5),(6) (a) and

(b),(7)(a) to (d), (8) and (9) thereof shall apply to the following electrical

accessories namely any plug, socket-outlet or adaptor ordinarily intended

for domestic use at a rated voltage of not less than 200 volts, but does

not apply to any electrical accessory specified in Schedule I to these

regulations.

(2) No person shall supply, offer for supply, agree to supply,

expose for supply or possess for supply an electrical accessory unless

the requirements of sub-regulation 5(3) below are satisfied in relation

to it.

(3) (a) Subject to sub-regulations (3) (b) and (3) (c) below,

the requirements of this regulation are that the electrical accessory

complies with the requirements of sub-regulations (4) to (7) (d) or (9)

below as appropriate.

(b) A standard plug shall incorporate a fuse link which

conforms to MSA BS 1362.

(c) A standard plug shall be intended for use in ac

circuits only, operating at rated voltages of not less than 200V at 50 Hz

and for carrying current loads up to 13A.

(4) A standard plug shall be of a type approved by a

conformity assessment body, and in respect of which such approval has

not been cancelled, and in determining applications made to it for such

approval the conformity assessment body shall not grant such approval

unless it is satisfied-

(a)

that plugs of that type conform to MSA BS 1363; and

(b) by means of inspection or testing of samples of plugs of

that type, that the manufacturer of the plug may reasonably be

expected to ensure that normal production and design of the plug

will result in plugs of that type conforming to that standard.

(5) Without prejudice to sub-regulation (6) below, where

standard plugs have for the purposes of sub-regulation (4) above been

subjected to a type test as described in MSA BS 1363 and a particular

sample has failed to satisfy the test, then, notwithstanding any provision

in the standard whereby on a successful re-test of a sample such plugs

are deemed to conform to the standard, such plugs shall be treated for

the purposes of this regulation as not conforming to the standard.

(6) Notwithstanding the provisions of sub-regulations (4)

and (5) above, a type of standard plug may be approved by a conformity

assessment body where plugs of that type do not conform to MSA BS

1363 if when determining an application for approval the conformity

assessment body is satisfied that

(a) (i) the plugs are constructed using an alternative

method of construction which provides an equivalent level of safety

in respect of any risk of death or personal injury to plugs which

conform to MSA BS 1363 and is such that plugs of that type may

reasonably be expected to be safe in use; and

(ii) except in respect of the matter for which alternative

provision is made, plugs of that type conform to MSA BS 1363;

and

(iii) by means of inspection or testing of samples of

plugs of that type, that the manufacturer of the plug may reasonably

be expected to ensure that normal production and design of the

plug will result in plugs of that type corresponding with the samples;

or

(b) where paragraph (a) of these sub-regulations does not

apply, following inspection or testing of samples of the plug, that

such plugs may reasonably be expected to be safe in use and is

further satisfied, by inspection or testing of samples, that the

manufacturer of the plug may reasonably be expected to ensure

that normal production and design of the plug will result in plugs

of that type corresponding with the samples.

(7) (a) Subject to sub-regulation (8) below and sub-

paragraph (b) and (c) of these regulations, an approval granted by a

conformity assessment body may be unconditional or subject to such

conditions, which must be complied with if the approval is to apply, as

the conformity assessment body considers appropriate in relation to the

approval of the type of standard plug in question.

(b) A condition shall be attached to any such approval

requiring the applicant, during the currency of the approval, to give to

the conformity assessment body granting the approval such notice as

may be specified in the approval of any changes in the standard plugs

of the type approved.

(c) The conditions imposed pursuant to paragraph (a) hereof

may be varied by the conformity assessment body which granted the

approval, and a variation under this paragraph may include the

imposition of new conditions or the withdrawal of conditions.

(d) Any approval given under sub-regulation (4) above shall

remain in force for seven years or such shorter period as may be specified

in the approval.

(8) Before making an unfavourable decision in respect of

an applicant, that is to say-

(a) refusing to grant approval pursuant to sub-regulations

(4), (5), (6) (a) and (b) and 7 (a) to (d) above;

(b)

the imposition of a condition on an approval or the

making of a restrictive variation of a condition thereof pursuant to

sub-regulations (4), (5), (6) (a) and (b), (7) (a) to (d) above in

circumstances where the applicant has not indicated in writing that

the type of standard plug concerned is suitable for use subject to

that condition; or

(c) the cancellation of an approval,a conformity assessment

body shall -

(i) give notice in writing to the applicant or holder of

the approval concerned, as the case may be, of the reasons

why it proposes to make the unfavourable decision; and

(ii) give the person to whom notice is given in sub-

paragraph (i) above the opportunity of making representations

within a period of 28 days of the notice being given as to why

that body should make a favourable decision, and consider

any representations which are made by that person within

that period.

(9) Subject to the following provisions of this regulation,

any electrical accessory (other than a standard plug) specified in column

2 of Schedule II to these regulations shall conform to the particular

Maltese Standard specified for such accessories in column 3 of that

Schedule.

(1) Subject to sub-regulation (2) below, sub-regulations Essential

(3), (4), (5), (6) (a) to (d), (7) and (8) shall apply to any electrical Requirements

Electrical

equipment which -

Equipment fitted

with Accessories.

(a) is designed to operate at a maximum rated input current

of not more than 13 amperes; and

(b) is designed to be connected by means of a flexible cable

or cord and plug, or itself mainly comprises a flexible cable or

cord designed to be connected by means of a plug, to a socket-

outlet conforming to MSA BS 1363, and

(c)

is ordinarily intended for domestic use.

(2) Sub-regulations (3), (4), (5), (6) (a) to (d), (7) and (8)

shall not apply to any electrical equipment, with in the meaning of

regulation 6 (1), specified in Schedule III to these regulations.

(3) Subject to the provisions of sub-regulations (4), (5), (6)

(a) to (d), (7) and (8) below, no person shall supply, offer for supply,

agree to supply, expose for supply or possess for supply any electrical

equipment unless that equipment is correctly fitted with a standard plug

(a) complies with the requirements of regulations 5 (4), (5),

(6) (a) and (b), and (7) (a) to (d) above; and

(b) is fitted with a suitably rated fuse link which conforms

to MSA BS 1362.

(4) Sub-regulation (3) above shall not prohibit any person

from supplying, offering to supply, agreeing to supply, exposing for

supply or possessing for supply any appliance which does not comply

with the requirements of that paragraph but which -

(a) is correctly fitted with a non-Maltese plug which

complies with the safety provisions of IEC 60884-1; and

(b) is fitted with a conversion plug which complies with

the requirements of sub-regulation (5) below and can only be

removed by the use of a tool.

(5) For the purposes of sub-regulation (4) above and subject

to the provisions of sub-regulations (6) to (7) below, a conversion plug

shall be of a type approved by a conformity assessment body for use in

conjunction with a non-Maltese plug which complies with the safety

provisions of IEC 60884-1, and in respect of which such approval has

not been cancelled, and in determining applications made to it for such

approval the conformity assessment body shall not grant such approval

unless it is satisfied-

(a) that, when used in conjunction with such a non-Maltese

plug and when connected to a mains socket-outlet that

i)

conforms to BS 1363 and,

ii) forms part of or is otherwise electrically connected

to a domestic electrical installation in Malta, conversion plugs

of that type provide a level of safety equivalent to a standard

plug which satisfies the requirements of regulations 5 (4),

(5), (6) (a) and (b), (7) (a) to (d) above; and

(b) by means of inspection or testing of samples, that the

manufacturer of the conversion plug may reasonably be expected

to ensure that normal production and design of the conversion plug

will result in conversion plugs of that type corresponding with the

samples.

(6) (a) Subject to subparagraph (b), (c), and (d) below, an

approval of a type of conversion plug granted by a conformity assessment

body may be unconditional or subject to such conditions, which must

be complied with if the approval is to apply, as the body considers

appropriate in relation to the approval of the type of conversion plug in

question.

(b) A condition shall be attached to any such approval

requiring the applicant, during the currency of the approval, to give to

the conformity assessment body granting the approval such notice as

may be specified in the approval of any changes in the conversion plugs

of the type approved.

(c) The conditions imposed pursuant to paragraph (a)

above may be varied by the conformity assessment body which granted

the approval, and variation under this regulation may include the

imposition of new conditions or the withdrawal of conditions.

(d) Before making an unfavourable decision in respect

of an applicant, that is to say -

(i) refusing to grant approval pursuant to sub-regulation (5)

above;

(ii) the imposition of a condition on an approval or the

making of a restrictive variation of a condition thereof pursuant to

paragraph (a) to (c) hereof in circumstances where the applicant

has not indicated in writing that the type of conversion plug

concerned is suitable for use subject to that condition; or

(iii) the cancellation of an approval,a conformity assessment

body shall-

(1) give notice in writing to the applicant or holder of

the approval concerned, as the case may be, of the reasons

why it proposes to make the unfavourable decision; and

(2) give the person to whom notice is given in sub-

paragraph (1) above the opportunity of making representations

within a period of 28 days of the notice being given as to why

that conformity assessment body should make a favourable

decision, and consider any representations which are made

by that person within that period.

(7) Any approval given under subregulation (5) above shall

remain in force for seven years or for such shorter period as may be

specified in the approval.

(8) Subregulation (3) above shall not prohibit any person

from possessing for supply at any time before it is supplied, offered for

supply or exposed for supply in Malta for the first time, or before it is

agreed for the first time to supply it in Malta, any electrical equipment

which has been imported into Malta and which does not comply with

the requirements of that regulation.

(1) No person shall supply, offer for supply, agree to supply,

expose for supply or possess for supply any electrical accessory, namely

any plug, socket-outlet, adaptor, or conversion plug in respect of which

the requirements of subregulations (2), (3), (4) and (5) below are not

satisfied.

(2) A standard plug or conversion plug of a type approved

by a conformity assessment body in accordance with these regulations

shall be legibly marked with, or bear a label legibly marked with, words,

marks or abbreviations clearly signifying approval by and identifying

the body which approved the type in question.

(3) Without prejudice to any requirement of any Maltese,

European or International Standard, where it is necessary for the safe

operation of any electrical accessory that the user should be aware of

any particular characteristic of the accessory, the necessary information

shall be given by markings on the accessory itself or, where this is not

practicable, in a notice accompanying the accessory.

(4) It shall not be sufficient compliance with this regulation

to give information in a language other than Maltese or English.

(5) Information shall not be given in connection with any

standard plug or conversion plug by means of a misleading mark or

otherwise which purports to indicate or might reasonably be mistaken

for an indication that the plug is of a type approved by a particular

conformity assessment body or (in the case of a standard plug) conforms

to MSA BS 1363, when the plug is not so approved or does not so

conform to the standard, or when any approval has been cancelled.

(1) The Electrical Accessories Order, 1991 is hereby repealed

as from 1st July, 2004.

1991.

These regulations have been notified in terms of Directive 98/

34/CE as amended by Directive 98/48/CE as transposed by the

Notification Procedure Regulations, 2003.