ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994

NOTIFICATION OF ENFORCEMENT ACTION

Introduction

Article 9 of Directive 2006/95/EC, the Low Voltage Directive (LVD), more commonly known as the “safeguard procedure” requires that the European Commission and all other States of the European Economic Area (EEA) must be immediately notified of any measures taken against electrical equipment which results in the equipment being withdrawn from the market, prohibited from being placed on the market or which is otherwise restricted in its free movement, because it is unsafe.

Accordingly, Regulation 15bof the Electrical Equipment (Safety) Regulations 1994,SI1994 No 3260which implements the Low Voltage Directive,places a duty on Local Authorities toimmediately notify the Secretary of State for Business, Innovation and Skills (BIS) of any enforcement action taken against the products covered by the Regulations;such as issue of suspension notice or any application for an order of forfeiture of any goods to which the Regulations apply. Details of prosecution action, whether successful or otherwise MUST also be notified.

BIS is responsible for notifying the European Commission and other member States of the enforcement measures taken in the UK, this to ensure transparency.

Failure by the UK to fulfil its Community obligations under the LVD could result in the European Commission commencing proceedings against the UK. In such circumstances BIS can call upon the local authority concerned to explain why such information was not provided in accordance with the Regulations.

The Notification Form

To simplify the notification procedure, BIS and LACORS have agreed that the Local Authorities must use the attached Notification Form to notify enforcement action taken by the Local Authorities against the products covered by the Regulations.

Completing the Notification Form

Many parts of the form are self-explanatory and require the user to simply type "x" in the appropriate box, but sections 2, 5 and 6 are most important. Please provide digital colour photographs of the product subject to the notification, preferably inJPEG format, including, where possible, any photographs showing labels, markings and its packaging.This will help other Member States to identify the product on their territories and to take any appropriate action.

Further Enquiries:

Gigi PardesiTel: 020 7215 1323e-mail:

Harsha PatelTel: 020 7215 1282e-mail:

ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994

Notification to BIS and LACORS pursuant to Regulation 15(b)

NOTIFYING AUTHORITY

Authority
Address
Contact
Tel No / Fax No
E Mail
TS Link ID

HOME AUTHORITY (if different from above)

Authority
Address
Contact
Tel No. / Fax No
E-mail
TS Link ID

1. Background Information("X" a box)

a)Has the Home Authoritybeen notified?YesNo

b)Have other Trading Standards Departments YesNo

been made aware of the action?

c)Please state here any information related to this notification – i.e. received from Home Authority and other trading standards

d)Please list formal enforcement actions taken.

(Note: Also, in the event,no formal action has been taken, please state below and the reason why no formal action has taken place).

Date of action(s) taken /

Type of action(s) taken

e) Is this a Rapex alert? Yes No

If yes, please contact Yeshim Halil in the BIS Consumer Safety Unit on 020 7215 0362.

(For advice on Rapex, please refer to the attached guidance document on notification requirements. )

2.Identification of the equipment

a)Name and description:

b)Brand and type:

c)Name and address of the owner of the brand:

d)Name and address of the manufacturer or importer:

e)Other countries in which the equipment is placed on the market:

f)Electrical specifications (voltage, wattage, class of protection against electric shock, IP classification):

3.Proof of conformity

a)CE marking:

yes

no

b)Other directive(s) covered by CE marking:

yeswhich one(s)?:

no

c)Other markings:

d)Written declaration of conformity:

available

acceptable

not acceptable

not available

e)Technical documentation:

available

acceptable

not acceptable

not available

f)Report drawn up by a notified body:

available

Name of the notified body:

Reference number of the report:

not available

4.Details of the measures taken

a)

manufact. / importer
into the EEA / retailer
Type of measure:
removal from circulation
prohibition of the placing of the equipment on the market
general measures making the placing of the equipment on the market subject to specific conditions
other

If Other please explain: …………………………………………………………………………….

b)

manufact. / importer
into the EEA / retailer
Date:
Reference:
Method of notification:

c) Brief summary:

5.Reasons for the measures taken

Non-conformity with Article 2 of the Low Voltage Directive resulting from a shortcoming in the applicable standard(s)

Standard(s) reference:

Non-conformity with Article 2 of the Low Voltage Directive resulting from a faulty application of the applicable standard(s)

Standard(s) reference:

Where no standard applied, non-compliance with the rules of good engineering practice as referred to in Article 2 of the Low Voltage Directive

6.Brief description of faults, nature of hazards and/or shortcomings in standards observed:

7.Additional information annexed

copy of test reports(pages)

photographs(pages)

copy of declaration of conformity

distribution chain

others

COMPLETED - NOW E-MAIL TO:

BIS: or

LACORS: