LOW VOLTAGE ELECTRICAL EQUIPMENT REGULATIONS

SUBSIDIARY LEGISLATION 427.34

LOW VOLTAGE ELECTRICAL EQUIPMENT

REGULATIONS

20th April, 2016 *

LEGAL NOTICE 97 of 2016.

(1) The title of these regulations is the Low Voltage

Electrical Equipment Regulations.

(2) These regulations transpose Directive 2014/35/EU of the

European Parliament and of the Council of 26 February 2014 on

low voltage electrical equipment and repealing Directive 2006/95/

EC.

(3) These regulations lay down requirements for products

referred to in regulation 2(1) and made available on the market, and

shall apply as from the 20th April, 2016.

PRINCIPAL ELEMENTS OF THE SAFETY OBJECTIVES FOR ELECTRICAL

EQUIPMENT DESIGNED FOR USE WITHIN CERTAIN VOLTAGE LIMITS

1. General conditions

(a) The essential characteristics, the recognition and observance of which

will ensure that electrical equipment will be used safely and in

applications for which it was made, shall be marked on the equipment,

or, if this is not possible, on an accompanying document.

(b) The electrical equipment, together with its component parts should be

made in such a way as to ensure that it can be safely and properly

assembled and connected.

(c) The electrical equipment should be designed and manufactured as to

ensure that protection against the hazards set out in points 2 and 3 is

assured providing that the equipment is used in applications for which it

was made and is adequately maintained.

2. Protection against hazards arising from electrical equipment

Measures of a technical nature should be described in accordance with point l, in

order to ensure that

(a) persons and domestic animals are adequately protected against danger

of physical injury or other harm which might be caused by electrical

contact direct or indirect;

(b) temperatures, arcs or radiation which would cause a danger, are not

produced;

(c) persons, domestic animals and property are adequately protected against

non-electrical dangers caused by electrical equipment which are

revealed by experience;

(d) the insulation is suitable for foreseeable conditions.

3. Protection against hazards which may be caused by external influences on

the electrical equipment

Technical measures are to be laid down in accordance with point 1, in order to

ensure that the electrical equipment

(a) meets the expected mechanical requirements in such a way that persons,

domestic appliances and property are not endangered;

(b) is resistant to non-mechanical influences in expected environmental

conditions, in such a way that persons, domestic animals and property

are not endangered;

(c) does not endanger persons, domestic animals and property in

foreseeable conditions of overload.

LOW VOLTAGE ELECTRICAL EQUIPMENT

(1) These regulations shall apply to electrical equipment,

designed for use with a voltage rating of between 50 and 1000 V

for alternating current and between 75 and 1500 V for direct

current.

(2) These regulations shall not apply to the electrical

equipment and phenomena listed in Schedule II.

EQUIPMENT AND PHENOMENA OUTSIDE THE SCOPE

OF THESE REGULATIONS

Electrical equipment for use in an explosive atmosphere.

Electrical equipment for radiology and medical purposes.

Electrical parts for goods and passenger lifts.

Electricity meters.

Plugs and socket outlets for domestic use.

Electric fence controllers.

Radio-electrical interference.

Specialized electrical equipment, for use on ships, aircraft or railways, which

complies with the safety provisions drawn up by international bodies in which the

Member States participate.

Custom built evaluation kits destined for professionals to be used solely at

research and development facilities for such purposes.

In these regulations, unless the context otherwise requires

"authorised representative" means any natural or legal person

established within the Union who has received a written mandate

from a manufacturer to act on his behalf in relation to specified

tasks;

"the Authority" means the Malta Competition and Consumer

Affairs Authority established by article 3 of the Malta Competition

and Consumer Affairs Authority Act;

"CE marking" means a marking by which the manufacturer

indicates that the electrical equipment is in conformity with the

applicable requirements set out in Union harmonisation legislation

providing for its affixing;

"conformity assessment" means the process demonstrating

whether the safety objectives referred to in regulation 5 and set out

in Schedule I relating to electrical equipment have been fulfilled;

"distributor" means any natural or legal person in the supply

chain, other than the manufacturer or the importer, who makes

electrical equipment available on the market;

"economic operators" means the manufacturer, the authorised

representative, the importer and the distributor;

"harmonised standard" means harmonised standard as defined in

*See regulation 1(3).

paragraph (c) of point 1 of Article 2, "a European standard adopted

o n t h e b a si s o f a r e q u e s t m a d e b y t h e C o m m i s s i o n f o r t h e

application of Union harmonisation legislation" of Regulation EU.

No 1025/2012 of the European Parliament and of the Council of 25

October 2012;

"importer" means any natural or legal person established within

the Union who places electrical equipment from a third country on

the Union market;

"making available on the market" means any supply of electrical

equipment for distribution, consumption or use on the Union

market in the course of a commercial activity, whether in return for

payment or free of charge;

"manufacturer" means any natural or legal person who

manufactures electrical equipment or has electrical equipment

designed or manufactured, and markets that equipment under his

name or trade mark;

"MSD" means the Market Surveillance Directorate within the

TRD;

"placing on the market" means the first making available of

electrical equipment on the Union market;

"recall" means any measure aimed at achieving the return of

electrical equipment that has already been made available to the

end-user;

"technical specification" means a document that prescribes

technical requirements to be fulfilled by an electrical equipment;

"TRD" means the Technical Regulations Division within the

Authority;

"Union harmonisation legislation" means any Union legislation

harmonising the conditions for the marketing of products;

"withdrawal" means any measure aimed at preventing electrical

equipment in the supply chain from being made available on the

market.

MODULE A

Internal production control

1. Internal production control is the conformity assessment procedure whereby

the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures

and declares on his sole responsibility that the electrical equipment concerned

satisfy the requirements of these regulations that apply to it.

2. Technical documentation

The manufacturer shall establish the technical documentation. The documentation

shall make it possible to assess the electrical equipment’s conformity to the relevant

requirements, and shall include an adequate analysis and assessment of the risk(s).

The technical documentation shall specify the applicable requirements and cover, as

far as relevant for the assessment, the design, manufacture and operation of the

electrical equipment. The technical documentation shall, where applicable, contain

at least the following elements

(a) a general description of the electrical equipment;

(b) conceptual design and manufacturing drawings and schemes of

components, sub-assemblies, circuits, etc.;

(c) descriptions and explanations necessary for the understanding of those

drawings and schemes and the operation of the electrical equipment;

(d) a list of the harmonised standards applied in full or in part the

references of which have been published in the Official Journal of the

European Union or international or national standards referred to in

regulation 12 and, where those harmonised standards or international or

national standards have not been applied, descriptions of the solutions

adopted to meet the safety objectives of these regulations, including a

list of other relevant technical specifications applied. In the event of

LOW VOLTAGE ELECTRICAL EQUIPMENT

partly applied harmonised standards or international or national

standards referred to in regulation 12, the technical documentation shall

specify the parts which have been applied;

(e) results of design calculations made, examinations carried out, etc.; and

(f)

test reports.

3. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing

process and its monitoring ensure compliance of the manufactured electrical

equipment with the technical documentation referred to in point 2 and with the

requirements of these regulations that apply to it.

4. CE marking and EU declaration of conformity

4.1. The manufacturer shall affix the CE marking to each individual electrical

equipment that satisfies the applicable requirements of these regulations.

4.2. The manufacturer shall draw up a written EU declaration of conformity for a

product model and keep it together with the technical documentation at the disposal

of the national market surveillance authorities for 10 years after the electrical

equipment has been placed on the market. The EU declaration of conformity shall

identify the electrical equipment for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the

relevant market surveillance authorities upon request.

5. Authorised representative

The manufacturer ’s obligations set out in point 4 may be fulfilled by his

authorised representative, on his behalf and under his responsibility, provided that

they are specified in the mandate.

Any electrical equipment in conformity with Directive

2006/95/EC and placed on the market before 20 April 2016 will not

be impeded from being made available on the market.

EU DECLARATION OF CONFORMITY (No. XXXX) ( * )

1. Product model/product (product, type, batch or serial number)

2. Name and address of the manufacturer or his authorised representative

3. This declaration of conformity is issued under the sole responsibility of the

manufacturer.

4. Object of the declaration (identification of electrical equipment allowing

traceability; it may include a colour image of sufficient clarity where necessary for

the identification of the electrical equipment)

5. The object of the declaration described above is in conformity with the

relevant Union harmonisation legislation

6. References to the relevant harmonised standards used or references to the

other technical specifications in relation to which conformity is declared

7. Additional information

Signed for and on behalf of

* It is optional for the manufacturer to assign a number to the declaration of conformity.

LOW VOLTAGE ELECTRICAL EQUIPMENT

(place and date of issue)

(name, function) (signature):.

(1) Electrical equipment as referred to in regulation 2(1)

m a y b e m a de a v a i l a b le on t he m a r k e t o n l y i f , ha v in g be e n

constructed in accordance with good engineering practice in safety

matters in force, it does not endanger the health and safety of

persons and domestic animals, or property, when properly installed

and maintained and used in applications for which it was made.

(2) The principal elements of the safety objectives referred to

in sub-regulation (1) are listed in Schedule I.

(3) All appropriate measures shall be taken to ensure that if

electrical equipment is of such a nature as to comply with the

p r ov isi on s re fe rred t o i n su b-regu l ati on (1 ) , su bj ect to t he

conditions laid down in regulations 6(1), 6(2), 6(3) and 6(4), the

free movement thereof in Malta shall not be impeded for reasons of

safety.

(4) In relation to electrical equipment, stricter safety

requirements than those referred to in sub-regulation (1) shall not

be imposed by electricity supply bodies for connection to the grid,

or for the supply of electricity to users of electrical equipment.

(1) When placing their electrical equipment on the market,

manufacturers shall ensure that it has been designed and

manufactured in accordance with the safety objectives referred to

in regulation 5 and set out in Schedule I.

(2) Manufacturers shall draw up the technical documentation

referred to in Schedule III and carry out the conformity assessment

procedure referred to in Schedule III or have it carried out.

(3) Where compliance of electrical equipment with the safety

objectives referred to in regulation 5 and set out in Schedule I has

been demonstrated by the conformity assessment procedure

referred to in sub-regulation (1), manufacturers shall draw up an

EU declaration of conformity and affix the CE marking.

(4) Manufacturers shall keep the technical documentation

referred to in Schedule III and the EU declaration of conformity for

10 years after the electrical equipment has been placed on the

market.

(5) Manufacturers shall ensure that procedures are in place for

series production to remain in conformity with these regulations.

Changes in product design or characteristics and changes in the

harmonised standards referred to in regulation 12(1), the

international or national standards referred to in regulations 12(2)

and 12(3), or in other technical specifications by reference to which

conformity of electrical equipment is declared shall be adequately

taken into account.

(6) When deemed appropriate with regard to the risks presented

by electrical equipment, manufacturers shall, to protect the health

and safety of consumers, carry out sample testing of electrical

equipment made available on the market, investigate, and, if

necessary, keep a register of complaints, of non-conforming

electrical equipment and electrical equipment recalls, and shall

keep distributors informed of any such monitoring.

(7) Manufacturers shall ensure that electrical equipment which

they have placed on the market bears a type, batch or serial number

or other element allowing its identification, or, where the size or

nature of the electrical equipment does not allow it, that the

required information is provided on its packaging or in a document

accompanying the electrical equipment.

(8) Manufacturers shall indicate on the electrical equipment

their name, registered trade name or registered trade mark and the

postal address at which they can be contacted or, where that is not

possible, on its packaging or in a document accompanying the

electrical equipment. The address shall indicate a single point at

which the manufacturer can be contacted. The contact details shall

be in a language easily understood by end-users and the MSD.

(9) Manufacturers shall ensure that the electrical 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 TRD. Such instructions and safety

information, as well as any labelling, shall be clear, understandable

and intelligible.

(10) Manufacturers who consider or have reason to believe that

electrical equipment which they have placed on the market is not in

conformity with these regulations shall immediately take the

corrective measures necessary to bring that electrical equipment

i nt o con fo r mi ty, t o w i th dr a w it o r re c a ll i t, if ap pr op ri a t e .

Furthermore, where the electrical equipment presents a risk,

manufacturers shall immediately inform the competent national

authorities of the Member States in which they made the electrical

equipment available on the market to that effect, giving details, in

particular, of the non-compliance and of any corrective measures

taken.

(11) Manufacturers shall, further to a reasoned request from the

TRD, provide it with all the information and documentation in

paper or electronic form necessary to demonstrate the conformity

of the electrical equipment with these regulations, in either Maltese

or English. They shall cooperate with the TRD, at its request, on

a ny a c t io n t a k e n to el i m i n a t e t h e r is k s po s e d b y e l e c tr i c a l

equipment which they have placed on the market.

(1) A manufacturer may, by a written mandate, appoint an

authorised representative.

(2) The obligations laid down in regulation 6(1) and the

obligation to draw up technical documentation referred to in

regulation 6(2) shall not form part of the authorised

representative’s mandate.

(3) An authorised representative shall perform the tasks

specified in the mandate received from the manufacturer. The

mandate shall allow the authorised representative to do at least the

following

(a) keep the EU declaration of conformity and the

technical documentation at the disposal of national

market surveillance authorities for 10 years after the

electrical equipment has been placed on the market;

(b) further to a reasoned request from a competent

national authority, provide that authority with all the

information and documentation necessary to

demonstrate the conformity of electrical equipment;

and

(c) cooperate with the competent national authorities, at

their request, on any action taken to eliminate the risks

posed by electrical equipment covered by the

authorised representative’s mandate.

(1) Importers shall

place

only

compliant

electrical

equipment on the market.

(2) Before placing electrical equipment on the market

importers shall ensure that the appropriate conformity assessment

procedure has been carried out by the manufacturer. They shall

ensure that the manufacturer has drawn up the technical

documentation, that the electrical equipment bears the CE marking

and is accompanied by the required documents, and that the

manufacturer has complied with the requirements set out in

regulations 6(7) and 6(8).

(3) Where an importer considers or has reason to believe that

electrical equipment is not in conformity with the safety objectives

referred to in regulation 5 and set out in Schedule I, he/she shall not

place the electrical equipment on the market until it has been

brought into conformity. Furtherm ore, where the electrical

equipment presents a risk, the importer shall inform the

manufacturer and the MSD to that effect.

(4) Importers shall indicate on the electrical equipment their

name, registered trade name or registered trade mark and the postal

address at which they can be contacted or, where that is not

possible, on its packaging or in a document accompanying the

electrical equipment. The contact details shall be in a language

easily understood by end-users and the MSD.

(5) Importers shall ensure that the electrical equipment is

accompanied by instructions and safety information in either

Maltese or English.

(6) Importers shall ensure that, while electrical equipment is

under their responsibility, its storage or transport conditions do not

jeopardise its compliance with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(7) When deemed appropriate with regard to the risks presented

by electrical equipment, importers shall, to protect the health and

sa fety o f consumers, carry out sample testing of e lectrical

equipment made available on the market, investigate and, if

necessary, keep a register of complaints, of non-conforming

electrical equipment and electrical equipment recalls, and shall

keep distributors informed of any such monitoring.

(8) Importers who consider or have reason to believe that

electrical equipment which they have placed on the market is not in

conformity with these regulations shall immediately take the

corrective measures necessary to bring that electrical equipment

into conformity, to withdraw i t or r ecall it, if a ppropriate.

Furthermore, where the electrical equipment presents a risk,

importers shall immediately inform the TRD, giving details, in

particular, of the non-compliance and of any corrective measures

taken.

(9) Importers shall, for 10 years after the electrical equipment

has been placed on the market, keep a copy of the EU declaration of

conformity at the disposal of the MSD and ensure that the technical

documentation can be made available to those authorities, upon

request.

(10) Importers shall, further to a reasoned request from the TRD,

provide it with all the information and documentation in paper or

electronic form necessary to demonstrate the conformity of

electrical equipment in a language which can be easily understood

by that authority. They shall cooperate with that authority, at its

request, on any action taken to eliminate the risks posed by

electrical equipment which they have placed on the market.

(1) When making electrical equipment available on the

market distributors shall act with due care in relation to the

requirements of these regulations.

(2) Before making electrical equipment available on the market

distributors shall verify that the electrical equipment bears the CE

marking, that it is accompanied by the required documents and by

instructions and safety information in a language which can be

easily understood by consumers and other end-users in the Member

State in which the electrical equipment is to be made available on

the market, and that the manufacturer and the importer have

complied with the requirements set out in regulations 6(7) and 6(8)

and regulation 8(4) respectively.

(3) Where a distributor considers or has reason to believe that

electrical equipment is not in conformity with the safety objectives

referred to in regulation 5 and set out in Schedule I, he shall not

make the electrical equipment available on the market until it has

been brought into conformity. Furthermore, where the electrical

e q ui p m e n t p r e se nt s a r i sk , t h e d i s t r i b ut o r sh a ll i n f o r m t he

manufacturer or the importer to that effect as well as the MSD.

(4) Distributors shall ensure that, while electrical equipment is

under their responsibility, its storage or transport conditions do not

jeopardise its compliance with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(5) Distributors who consider or have reason to believe that

electrical equipment which they have made available on the market

is not in conformity with these regulations shall make sure that the

corrective measures necessary to bring that equipment into

conformity, to withdraw it or recall it, if appropriate, are taken.

Furthermore, where the electrical equipment presents a risk,

distributors shall immediately inform the MSD, giving details, in

particular, of the non-compliance and of any corrective measures

taken.

(6) Distributors shall, further to a reasoned request from a

competent national authority, provide it with all the information

and documentation in paper or electronic form necessary to

demonstrate the conformity of electrical equipment. They shall

cooperate with that authority, at its request, on any action taken to

eliminate the risks posed by electrical equipment which they have

made available on the market.

(1) Cases in which obligations of manufacturers apply to

importers and distributors.

(2) An importer or distributor shall be considered a

manufacturer for the purposes of these regulations and he shall be

subject to the obligations of the manufacturer under regulation 6,

where he places electrical equipment on the market under his name

or trade mark or modifies electrical equipment already placed on

the market in such a way that compliance with these regulations

may be affected.

(1) Economic operators shall, on request, identify the

following to the MSD

(a) who has supplied them with electrical equipment; and

(b)

to whom they have supplied electrical equipment.

(2) Economic operators shall be able to present the information

referred to in sub-regulation (1) for 10 years after they have been

supplied with the electrical equipment and for 10 years after they

have supplied the electrical equipment.

(1) Electrical equipment which is in conformity with

harmonised standards or parts thereof the references of which have

been published in the Official Journal of the European Union shall

be presumed to be in conformity with the safety objectives referred

to in regulation 5 and set out in Schedule I covered by those

standards or parts thereof.

(2) Where harmonised standards referred to in sub-regulation

(1) have not been drawn up and published, for the purposes of

making available on the market or free movement as referred to in

regulations 5(1) and 5(3) respectively, electrical equipment which

complies with the safety provisions of the international standards

set out by the International Electrotechnical Commission (IEC) in

respect of which the publication procedure laid down in sub-

regulation (1) and in this sub-regulation has been applied, shall also

be regarded as complying with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(3) Where harmonised standards referred to in sub-regulation

(1) have not been drawn up and published and international

standards referred to in regulation 13 have not been published, for

the purpose of making available on the market or free movement as

referred to in regulation 5, electrical equipment manufactured in

accordance with the safety provisions of the standards in force in

the Member State of manufacture, if it ensures a safety level

equivalent to that required in their own territory, shall also be

regarded as complying with the safety objectives referred to in

regulation 5 and set out in Schedule I.

(1) The EU declaration of conformity shall state that the

fulfilment of the safety objectives referred to in regulation 5 and set

out in Schedule I has been demonstrated.

(2) The EU declaration of conformity shall have the model

structure set out in Schedule IV, shall contain the elements

specified in Module A as set out in Schedule III and shall be

continuously updated. It shall be translated into the language or

languages required by the Member State in which the electrical

equipment is placed or made available on the market.

(3) Where electrical equipment is subject to more than one

Union act requiring an EU declaration of conformity, a single EU

declaration of conformity shall be drawn up in respect of all such

Union acts. That declaration shall contain the identification of the

Union acts concerned including their publication references.

(4) By drawing up the EU declaration of conformity, the

manufacturer shall assume responsibility for the compliance of the

electrical equipment with the requirements laid down in these

regulations.

(1) The CE marking shall be subject to the general

principles set out in Article 30 of Regulation (EC) No 765/2008.

(2) The CE marking shall be affixed visibly, legibly and

indelibly to the electrical equipment or to its data plate. Where that

is not possible or not warranted on account of the nature of the

electrical equipment, it shall be affixed to the packaging and to the

accompanying documents.

(3) The CE marking shall be affixed before the electrical

equipment is placed on the market.

(4) Improper use of the CE marking shall subject the relevant

economic operator/s to the measures described in regulation 19.

Article 15(3) and Articles 16 to 29 of Regulation (EC) No

765/2008 shall apply to electrical equipment.

(1) Where the MSD has sufficient reason to believe that

electrical equipment covered by these regulations presents a risk to

the health or safety of persons or domestic animals, or to property,

the relevant economic operators shall cooperate as necessary for

the MSD to carry out an evaluation in relation to the electrical

equipment concerned covering all relevant requirements laid down

in these regulations.

(2) Where, in the course of the evaluation referred to in sub-

regulation (1), the MSD finds that the electrical equipment does not

comply with the requirements laid down in these regulations, they

shall without delay require the relevant economic operator shall

without delay take all appropriate corrective actions to bring the

electrical equipment into compliance with those requirements, to

withdraw the electrical equipment from the market, or to recall it

within a reasonable period, commensurate with the nature of the

risk, as they may prescribe.

(3) Article 21 of Regulation (EC) No 765/2008 shall apply to

the measures referred to in regulation 16(3).

(4) Where the MSD considers that non-compliance is not

restricted to its national territory, it shall inform the Commission

and the other Member States of the results of the evaluation and of

the actions which it has required the economic operator to take.

(5) The economic operator shall ensure that all appropriate

corrective action is taken in respect of electrical equipment

concerned that it has made available on the market throughout the

European Union.

(6) Where the relevant economic operator does not take

adequate corrective action within the period referred to in the

second sub-regulation (2), the MSD shall take all appropriate

provisional measures to prohibit or restrict the electrical

equipment’s being made available on the national market, to

withdraw the electrical equipment from that market or to recall it.

(7) The MSD shall inform the Commission and the other

Member States, without delay, of those measures.

(8) The information referred to in the sub-regulation (7) shall

include all available details, in particular the data necessary for the

identification of the non-compliant electrical equipment, the origin

of the electrical equipment, the nature of the non-compliance

alleged and the risk involved, the nature and duration of the

national measures taken and the arguments put forward by the

relevant economic operator. In particular, the MSD shall indicate

whether the non-compliance is due to either of the following

(a) failure of the electrical equipment to meet the safety

objectives referred to in regulation 5 and set out in

Schedule I relating to the health or safety of persons or

domestic animals, or to property; or

(b) shortcomings in the harmonised standards referred to

in regulation 12(1) or in the international or national

standards referred to in regulations 12(2) and 12(3)

conferring a presumption of conformity.

(1) Where, having carried out an evaluation under

regulation 16(1), the TRD finds that although electrical equipment

is in compliance with these regulations, it presents a risk to the

health or safety of persons, or to domestic animals or to property

the relevant economic operator shall take all appropriate measures

to ensure that the electrical equipment concerned, when placed on

the market, no longer presents that risk, to withdraw the electrical

equipment from the market or to recall it within a reasonable

period, commensurate with the nature of the risk, as it may

prescribe.

(2) The economic operator shall ensure that corrective action is

taken in respect of all electrical equipment concerned that he has

made available on the market throughout the Union.

(3) The MSD shall immediately inform the Commission and

the other Member States. That information shall include all

available details, in particular the data necessary for the

identification of the electrical equipment concerned, the origin and

the supply chain of the electrical equipment, the nature of the risk

involved and the nature and duration of the national measures

taken.

(1) Without prejudice to regulation 16, where the MSD

makes one of the following findings, it shall require the relevant

economic operator to put an end to the non-compliance concerned

(a) the CE marking has been affixed in violation of Article

30 of Regulation (EC) No 765/2008 or of regulation

LOW VOLTAGE ELECTRICAL EQUIPMENT

14. (b) the CE marking has not been affixed;

(c) the EU declaration of conformity has not been drawn

up;

(d) the EU declaration of conformity has not been drawn

up correctly;

(e) technical documentation is either not available or not

complete;

(f)

the information referred to in regulation 6(8) or

regulation 8(4) is absent, false or incomplete;

(g) any other administrative requirement provided for in

regulation 6 or regulation 8 is not fulfilled.

(2) Where the non-compliance referred to in sub-regulation (1)

persists, the MSD shall take all appropriate measures to restrict or

prohibit the electrical equipment being made available on the

market or ensure that it is recalled or withdrawn from the market.

Economic operators failing to comply with the

requirements of these regulations are subject to the provisions of

article 26 of the Product Safety Act.

LOW VOLTAGE ELECTRICAL EQUIPMENT