§58 どの電気機器が指令から除外されるか

The list in Annex II is intended to be exhaustive concerning electrical equipment explicitly excluded from the scope of the LVD. The reasons for the exemptions, for some electrical equipment, are that they are covered by other more specific Union acts. Other electrical equipment is excluded because of different reasons. These exclusions are the following:

Electrical equipment for use in an explosive atmosphere

It is covered by the ATEX-Directive 2014/34/EU

Electrical equipment for radiology and medical purposes

It is covered by Directive 93/42/EEC on Medical Devices which will be replaced, as of 26 May 2020, by Regulation (EU) 2017/745; Articles 120, 122 and 123 of Regulation (EU) 2017/745 provide transitional arrangements and different dates of applicability with respect to certain provisions..

Electrical parts for goods and passenger lifts

It is covered by the Lifts Directive 2014/33/EU. See also §73.

Electricity meters

Plugs and socket outlets for domestic use

There is no harmonised household plug system throughout Europe and therefore these products have no relevance for the internal market.

However: special plugs and socket outlets e.g. for appliance couplers or industrial purposes are not excluded.

Electric fence controllers

Very specialised electrical equipment with a limited number of items, which have no relevance for the internal market. They are subject to type certification in some Member States required by their national law.

Specialised 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.

This electrical equipment is excluded from the LVD as far as it is covered by regulations of international institutions e.g. UNECE, International Maritime Organisation (IMO), International Civil Aviation Organisation (ICAO) or covered by related EU acts such as Directive 2014/90/EU or Regulation (EC) No 216/2008.

Custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

The new LVD introduced an exemption for the custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes. However, the rest of evaluation kits still fall within the scope of the LVD.

The exemption described in the LVD includes several elements and only if the products fulfil all the elements, they can be exempted, on the basis of Annex II (last paragraph), from the scope of the LVD.

Custom-built:

i. A kit that has been built on the basis of a specific request from a specific customer or from a group of customers involved in a joint research and development project as for all or certain characteristics of the evaluation kit

OR ii. A kit that has been built for the specific requirements of a specific customer or a group of customers involved in a joint research and development project as for all or certain characteristics of the evaluation kit.

The unique design and characteristics of the kit makes it solely suitable for that research and development project.

If that evaluation kit is later on provided on a regular basis or once the kit is not used for that joint research and development project purpose, it can no longer be considered a custom-built evaluation kit.

Evaluation kits:

A printed circuit board with an integrated circuit and support components to produce a working circuit for evaluation and development.

Evaluation kits destined for professionals to be used solely at research and development facilities:

Research and development facilities meaning public or private research and development bodies.

Evaluation kits for research and development purposes:

Evaluation kits to be used in testing for further development/ improvement of the function of the equipment under research and development.

Non-exhaustive list of examples of evaluation kits that do not benefit from this exemption (even if there is a possibility for the user to adapt it to his specific needs or to build it himself):

All devices/equipment used on a regular basis (such as laboratory equipment) to perform tests for the purposes of research and development or for other applications such as to demonstrate the conformity or quality of a product.

Evaluation equipment for users in general in R&D departments (in this case, the equipment is always the same and is not "custom built")

There is one special case within the list of exemptions which is not about electrical equipment as such but about phenomena connected with electrical equipment:

Radio-electrical interference

This phenomenon is covered by Directive 2014/30/EU on electromagnetic compatibility. Concerning this phenomenon electrical equipment has to comply with Directive 2014/30/EU, concerning safety aspects this electrical equipment has to comply with the LVD.