g must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm.'

 

Article 12

Directive 92/42/EEC is hereby
amended as follows:

1. throughout the text, the term 'EC
mark' is replaced by 'CE marking';

2. in Article 4 the first paragraph
is replaced by the following text:

'1. Member States may not prohibit,
restrict or impede the placing on the market or entry into service within their
territories of appliances and boilers which comply with the provisions of this
Directive and which bear the CE marking provided for in

Article 7

attesting to the conformity to all
the provisions of this Directive, including the conformity assessment
procedures laid down in Articles 7 and 8, save as otherwise laid down in the
Treaty or other Directives or Community provisions.';

3. the following paragraph 5 is
added to Article 4:

'5. (a) Where the boilers are
subject to other Directives concerning other aspects which also provide for the
affixing of the CE marking, the latter shall indicate that the boilers in
question are also presumed to conform to the provisions of those other
Directives.

(b) However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity to
the provisions only of those Directives applied by the manufacturer. In this
case, particulars of the Directives applied, as published in the Official
Journal of the European Communities, must be given in the documents, notices or
instructions required by the Directives and accompanying the boilers.';

4. in Article 7 the fourth paragraph
is replaced by the following text:

'4. The CE mark of conformity to the
requirements of this Directive and to the other provisions concerning the
granting of the CE marking, and also the inscriptions specified in Annex I,
shall be affixed on boilers in a visible, easily legible and indelible manner.
The affixing on such products of any markings likely to deceive third parties
as to the meaning and form of the CE marking shall be prohibited. Any other
marking may be affixed to the boilers and appliances provided that the
visibility and legibility of the CE marking is not thereby reduced.';

5. the following paragraph is added
to Article 7:

'5. (a) Where a Member State or a
notified body establishes that the CE marking has been affixed unduly, the
manufacturer or his agent established within the Community shall be obliged to
make the boiler comply as regards the provisions concerning the CE marking and
to end the infringement under conditions imposed by the Member State;

(b) where non-compliance continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the product in question or to ensure that it is
withdrawn from the market, and shall inform the Commission and the other Member
States accordingly.';

6. in Article 8 the first paragraph
is replaced by the following text:

'1. Member States shall inform the
Commission and the other Member States of the bodies which they have appointed
to carry out the procedures referred to in Article 7, together with specific
tasks which these bodies have been appointed to carry out and the
identification numbers assigned to them beforehand by the Commission.

The Commission shall publish in the
Official Journal of the European Communities a list of the notified bodies with
their identication numbers and the tasks for which they have been notified. The
Commission shall ensure that this list is kept up to date.';

7. Annex I is replaced by the
following text:

'ANNEX I

CE CONFORMITY MARKING AND ADDITIONAL
SPECIFIC MARKINGS

1. CE conformity marking

The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm.

2. Additional specific markings

- The last two digits of the year in
which the EC marking was affixed.

- The energy performance label
awarded under Article 6 of this Directive consists of the following symbol:

8. Annex IV is amended as follows:

(a) the last sentence of section 1
of module C is replaced by the following text:

'The manufacturer or his authorized
representative established within the Community shall affix the CE marking to
each appliance and draw up a written declaration of conformity.';

(b) the last two sentences of
section 1 of module D are replaced by the following text:

'The manufacturer or his authorized
representative established within the Community shall affix the CE marking to
each appliance and draw up a written declaration of conformity. The CE mark is
accompanied by the identification number of the notified body responsible for
the checks referred to in section 4.';

(c) the last two sentences of
section 1 of module E are replaced by the following text:

'The manufacturer or his authorized
representative established within the Community shall affix the CE marking to
each boiler and appliance and draw up a written declaration of conformity. The
CE marking must be accompanied by the identification number of the notified
body responsible for the checks referred to in section 4.'

 

Article 13

Directive 73/23/EEC is hereby
amended as follows:

1. in the preamble the following two
recitals are added to the end:

'Whereas Decision 90/683/EEC (*)
establishes the modules for the various phases of the conformity assessment
procedures which are intended to be used in the technical harmonization
Directives;

Whereas the choice of procedures
must not lead to a lowering of safety standards of electrical equipment, which
have already been established throughout the Community,

(*) OJ No L 380, 31. 12. 1990, p.
13.';

2. in Article 8 the first paragraph
is replaced by the following text:

'1. Before being placed on the
market, the electrical equipment referred to in Article 1 must have affixed to
it the CE marking provided for in Article 10 attesting to its conformity to the
provisions of this Directive, including the conformity assessment procedure
described in Annex IV.';

3. the following paragraph 3 is
added to Article 8:

'3. (a) Where electrical equipment
is subject to other Directives concerning other aspects which also provide for
the affixing of the CE marking, the latter shall indicate that the equipment in
question is also presumed to conform to the provisions of those other
Directives.

(b) However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity to
the provisions only of those Directives applied by the manufacturer. In this case,
particulars of the Directives applied, as published in the Official Journal of
the European Communities, must be given in the documents, notices or
instructions required by the Directives and accompanying the electrical
equipment.';

4. Article 10 is replaced by the
following text:

'Article 10

1. The CE conformity marking
referred to in Annex III shall be affixed by the manufacturer or his authorized
representative established within the Community to the electrical equipment or,
failing that, to the packaging, the introduction sheet or the guarantee
certificate so as to be visible, easily legible and indelible.

2. The affixing on electrical
equipment of any markings liable to deceive third parties as to the meaning and
form of the CE marking shall be prohibited. However, any other marking may be
affixed to the electrical equipment, its packaging, the instruction sheet or
the guarantee certificate provided that the visibility and legibility of the CE
marking is not thereby reduced.

3. Without prejudice to Article 9:

(a) where a Member State establishes
that the CE marking has been affixed unduly, the manufacturer or his agent
established within the Community market shall be obliged to make the electrical
equipment comply as regards the provisions concerning the CE marking and to end
the infringement under conditions imposed by the Member State;

(b) where non-compliance continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the electrical equipment in question or to ensure that
it is withdrawn from the market in accordance with the procedure laid down in Article
9.';

5. in Article 11 the second indent
is deleted;

6. the following Annexes are added:

'ANNEX III

CE CONFORMITY MARKING AND EC
DECLARATION OF CONFORMITY

A. CE conformity marking

The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm.

B. EC declaration of conformity

The EC declaration of conformity
must contain the following elements:

- name and address of the
manufacturer or his authorized respresentative established within the
Community,

- a description of the electrical
equipment,

- reference to the harmonized
standards,

- where appropriate, references to
the specifications with which conformity is declared,

- identification of the signatory
who has been empowered to enter into commitments on behalf of the manufacturer
or his authorized representative established within the Community,

- the last two digits of the year in
which the CE marking was affixed.

ANNEX IV

INTERNAL PRODUCTION CONTROL

1. Internal production control is
the procedure whereby the manufacturer or his authorized representative
established within the Community, who carries out the obligations laid down in
point 2, ensures and declares that the electrical equipment satisfies the
requirements of this Directive that apply to it. The manufacturer or his
authorized representative established within the Community must affix the CE
marking to each product and draw up a written declaration of conformity.

2. The manufacturer must establish
the technical documentation described in point 3 and he or his authorized
representative established within the Community must keep it on Community
territory at the disposal of the relevant national authorities for inspection
purposes for a period ending at least 10 years after the last product has been
manufactured.

Where neither the manufacturer nor
his authorized representative is established within the Community, this
obligation is the responsibility of the person who places the electrical
equipment on the Community market.

3. Technical documentation must
enable the conformity of the electrical equipment to the requirements of this
Directive to be assessed. It must, as far as relevant for such assessment,
cover the design, manufacture and operation of the electrical equipment. It
must include:

- a general description of the
electrical equipment,

- conceptual design and
manufacturing drawings and schemes of components, sub-assemblies, circuits,
etc.,

- descriptions and explanations
necessary for the understanding of said drawings and schemes and the operation
of the electrical equipment,

- a list of the standards applied in
full or in part, and descriptions of the solutions adopted to satisfy the
safety aspects of this Directive where standards have not been applied,

- results of design calculations
made, examinations carried out, etc.

- test reports.

4. The manufacturer or his
authorized representative must keep a copy of the declaration of conformity
with the technical documentation.

5. The manufacturer must take all
measures