ACCESS TO THE EUROPEAN MARKET FOR ELECTRICAL CONTRACTORS

Transcription

1 ACCESS TO THE EUROPEAN MARKET FOR ELECTRICAL CONTRACTORS AIE J. Chantraineplantsoen 1, 3070 Kortenberg, Belgium Tel: + 32 (0) Fax: + 32 (0) [email protected]

2 1. Introduction Country Specific Information Belgium General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Denmark General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters England General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters France General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Finland General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Germany General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Norway General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards

3 2.7.4 Inspection of Installations Health and Safety Contractual and Commercial Matters Portugal General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Scotland General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Spain General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters Switzerland General rules for Establishing a Business Requirements relating to Electrical Contracting Personnel Technical Standards Inspection of Installations Health and Safety Contractual and Commercial Matters General rules for Establishing a Business Belgium Denmark England France Finland Germany Norway Portugal Scotland Spain Switzerland Requirements relating to Electrical Contracting Personnel Belgium Denmark England France Finland Germany

4 4.7 Norway Portugal Scotland Spain Switzerland Technical Standards and Standardisation Schemes Belgium Denmark England France Finland Germany Norway Portugal Scotland Spain Switzerland Inspection of Installations Belgium Denmark England France Finland Germany Norway Portugal Scotland Spain Switzerland Health and Safety Belgium Denmark England France Finland Germany Norway Portugal Scotland Spain Switzerland Contractual and Commercial Matters Belgium Denmark England France Finland Germany Norway Portugal Scotland Spain

5 8.11 Switzerland Annexes 9.1 Standardisation Scheme National Electro-technical Standardisation Committees

6 1. Introduction A Single European Market presupposes that industries throughout the Community will have equality of access to the market in each Member State. This report is drafted with the aim to providing information on the necessary requirements in the different EU Member States for: establishing a business; qualifying an electrical contracting company or personnel; inspecting electrical installations and being able to meet technical and health and safety regulations etc. In theory, any contract regarding electrical and electro technical installations in any country is open to all EU contractors. On reading the document, it becomes clear that is not always as easy in practice for an electrical contractor to work in another EU Member State, because the electrical contracting industry is highly structured and regulated in the majority of Members States. As overcome these problems, the respondents suggested that non-national companies would find it easier to work in a foreign country in a joint venture with a local contractor. Therefore, in addition to this report, we also refer to the service Partner search designed on the AIE website where electrical contracting companies can offer or search for partners in a specific country. The objective of this document is to be a living directory regularly updated. The countries already included are invited to comment, update, correct and adapt their content and likewise the missing countries are invited to draft and include their part. We warmly thank the member associations and individuals who have contributed to this document and sincerely hope that you will find it useful. Terje Hanssen, Chairman AIE TF Standardisation and Safety. Brussels, September

7 2. Country Specific Information 2.1 BELGIUM General rules for Establishing a Business Records of trade and industry * Local names are in italic, first in Dutch and next in French. To establish a business in trade or industry, one has to file with the records of trade and industry ( handelsregister or registre du commerce ) through one of the privately operated enterprise counters ( ondernemingsloket or guichet d entreprise ). Without (correct) registration, one theoretically risks high fines and even prison sentences. More importantly, any legal claim for a non-registered activity can be declared inadmissible by the judge. For some activities, the professional capacities of the enterprise first must be certified. Therefore, a company can only ask to be registered for activities for which it has this certificate, or for activities, which don t require a certificate. Companies with 50 employees or more never need this certificate. Professional certificate as electrical contractor The enterprise counter delivers the certificate when the enterprise has proven to meet with all the requirements. These requirements concern technical matters as well as managerial capacities (including price calculation and bookkeeping). Two different persons can meet them. Both can be proven by diplomas or experience (3 to 5 years in the 10 years before the application), or by a special exam before a central jury with the Ministry of Trade and Industry. Applicants younger than 30 years also have to go through an apprenticeship of 2 years (usually this is included in the schooling). This certificate is necessary for all electro technical activities ( installing, modifying, repairing high-voltage installations, i.e. driven with more than 50 and less than 500 volts ), as well as the assembly of electric or electronic appliances, and the installation of (indoor) telephony and signaling, electrical heating, fire and intrusion detection systems (royal decree of 6 December 1968, modified repeatedly). Without the necessary certificate, not only criminal prosecution is possible, but also closure by the authorities or by competitors. Contracts may prove to be legally unenforceable. Registration To combat social and/or fiscal moonlighting, all enterprises active in construction are strictly controlled, and are registered by provincial commissions that observe their behavior in paying and respecting all social and fiscal duties. This registration is also linked to certain activities (there are 28 categories, of which category 26 is usually used for electrical contractors, and categories 27 and 28 for more specific activities in the sector). Clients are prompted to only make an appeal on registered companies. Concluding a contract with a non-registered company automatically makes the client jointly liable for the company s social debts (up to 50% of the total amount of the contract) and fiscal debts (up to 35% of the total amount of the contract). Usually, the possibility to reclaim debts paid for such a non-registered company is pure theory. Further, when paying a non-registered - 7 -

8 company, the client must retain 30% of the amount, and pay half of this sum to the social security agency ( Rijksdienst voor sociale zekerheid (R.S.Z.) or Office national de la sécurité sociale (O.N.S.S.) ), and the other half to the treasury. These payments will be deducted of the liabilities the client would have incurred. Clients that do not respect this duty may incur additional penalties (up to 30% and 15% of the total amount). Enterprises that do not respect their social and fiscal duties can lose their registration. From that moment on, clients (having contracted with them when they still were registered) will have to retain 30% and pay this sum to the social security agency and the treasury (but they do not incur any joint liabilities). For activities belonging to the construction sector (excluding electro technical contracting, but including air-conditioning), executed by subcontractors, an even harsher system applies. Every client of a subcontractor has to report the contract to his client (the general contractor has to report his contract to the aforementioned Rijksdienst voor sociale zekerheid). When this agency certifies the subcontractor is not registered, or has social debts, the client must retain with every payment 50%, of which 35% has to be paid directly to the RSZ-ONSS, and 15% to the treasury. Otherwise, joint liabilities will be incurred, as well as certain social and fiscal penalties. Qualification of enterprises - Qualification for intrusion detection: enterprises that conceive and install burglar alarm systems have to be qualified to do so by the Ministry of the Interior. They have to meet requirements in training, in permanent accessibility, the protection of client files, the reliability of the employees. Failure to (continue to) respect these requirements may lead to administrative fines, criminal prosecution and closure of the activity. - Qualification for public contracts: enterprises desiring to bid for public contracts, should ask for qualification with the Ministry of Trade and Industry ( Erkenningscommissie or Commission de l agréation ). This permits them not to have to prove their capacities and professional guarantees with every different contract they bid for. In practice, for contracts of more than EUR (without VAT) any bidder has to prove a minimal amount of capital, sufficient turnover, certain references of work well executed, and a sufficient number of employees. There are also several voluntary private certification schemes in the sector: - Intrusion detection: INCERT-certification scheme (managed by the Belgian normalization institute for the electro technical sector: Belgisch elektrotechnisch comité (B.E.C.) or Comité électrotechnique belge (C.E.B.) ); insurers may require this certification for a theft insurance ( - Fire safety: BOSEC-certification scheme; sometimes required by fire services and insurers ( - Domotics: VEI-quality label ( Kwaliteitslabel Domotica ) (managed by the scientific centre for the electrical contractors, Vlaams Elektro Innovatiecentrum (V.E.I.) ) (

9 2.1.2 Requirements relating to Electrical Contracting Personnel No particular qualifications are legally required to work in electrical contracting in Belgium. However, the knowledge and experience required are specified in detail in the royal decree of 2 May 1972 establishing conditions under which electrical contractors may operate in small and medium-sized commercial firms and firms engaged in skilled trades. In practice, most employees have the following certificates: - Manager: engineer (from an engineering school or university) - Technician: technical college diploma - Operative: lower secondary school. However, employees without proper qualifications still can work as electrician when properly guided. In fact, the general rules concerning electrical installations Algemeen reglement voor de elektrische installaties (A.R.E.I.) or Règlement général des installations électriques (R.G.I.E.) ) require (in their art. 47) that persons operating an electrical installation are certified for the BA4-level (alerted persons, conscious of the danger), and those working on it for the BA5-level (competent persons, knowing how to minimize risks when working). BA5-certified employees can work under tension. BA4-certified employees, in that case, have to be assisted by a BA5-certified employee. Auto-certification (by the employer) is possible (no specific security training is proscribed), but advised against, in view of possible liabilities. In any case, a certificate must be kept in the employee s file. In some sensitive sectors, VCA-certification is required from the company (VCA indicates a checklist for safety, health and environment issues). Alternatively, Besacc-certification is possible ( Belgian safety criteria for contractors ) ( Technical Standards The general rules concerning electrical installations are described in the Algemeen reglement voor de elektrische installaties (A.R.E.I.) or Règlement général des installations électriques (R.G.I.E.) Inspection of Installations Every new low-voltage installation, whoever has installed it, has to undergo a conformity assessment before it can be put in use (art. 270 AREI-RGIE). If the installation does not meet the AREI-RGIE requirements, connection to the electricity grid can be refused. This assessment is also necessary after every significant extension or alteration of an existing installation, or after any reinforcement of the connection. After a certain period, control visits are necessary, to verify whether the AREI-RGIE is still observed. Residential installations have to be controlled every 25 years, fairground attractions every 13 months, and all other installations every 5 years (art. 271 AREI-RGIE)

10 The Ministry of Trade and Industry regulates the safety of electrical installations and appoints the independent control agencies on the basis of the criteria defined in the royal decree of 10 August The agency is freely chosen and paid for by the individual client Health and Safety No information received Contractual and Commercial Matters No information received. Contact information: FEDELEC J. Chantraineplantsoen 1 B 3070 Kortenberg tel: 02 / fax: 02 / [email protected] Vlaams Elektro Innovatiecentrum vzw BEMT-gebouw Kleinhoefstraat 6 B-2440 Geel tel: +32 (0)14/ fax: +32 (0)14/ Website: [email protected] AIB-Vincotte Diamant Building Bld A. Reyerslaan 80, 1030 Brussel, België Tel: +32 (0) Fax: +32 (0) [email protected] Vormelek vzw-formelec asbl Heizel Esplanade BDC, bus/boîte Brussels Tel.: 02/ Fax: 02/ [email protected] or

11 RSZ-ONSS Victor Hortaplein/Place Victor Horta Brussels Tel.: 02/ Fax: 02/ COMITE ELECTROTECHNIQUE BELGE Boulevard A. Reyers 80 Diamant Building B BRUXELLES Tél. : 02/ Fax : 02/ BOSEC Rue d'arlon, 15 B Bruxelles Tél. : 02/ Fax : 02/ INCERT p.a. Belgisch Elektrotechnisch Comité/Comité électrotechnique belge Ministry of the Interior Direction Private Security Waterloolaan/Boulevard de Waterloo Brussels [email protected] or [email protected] Ministry of Trade and Industry General address and contact information: Vooruitgangstraat/Rue du progrès Brussels Tel.: 02/ Fax: 02/ [email protected] Erkenningscommissie/Commission d agréation WTC III Boulevard Simon Bolivarlaan Brussels Tel.: 02/ /29 Fax: 02/ [email protected]

12 2.2 DENMARK New rules governing authorisation in the area of electrical installations were introduced in Denmark on 1 January The legislation relating to authorisation now states that authorisation must be granted both to a company and to one named person employed by that company. The requirement for company authorisation has been introduced in order to enable the imposition of certain company-specific requirements, primarily the establishment of an SKS system (SikkerhedsKvalitetsStyringsystem, Safety Quality Control System), and to ensure that the authorised company possesses the statutory managerial powers it requires to exercise its duties in relation to personal authorisation. The company's responsibility for the construction and functioning of the SKS system is a central element of the company authorisation. The standard required of a company's SKS system depends upon the complexity of the company in question: the more complex the company, the greater the requirements that must be fulfilled by the system. Similarly, the documentation required to demonstrate that the SKS requirements have been fulfilled vary according to the size of the company, with limited documentation required of small companies with few employees, and more comprehensive documentation required of larger companies General rules for Establishing a Business To set up a company in Denmark, the business must be registered with the Register of Companies as either: Public Limited Liability Company app. minimum capital requirement EURO Private Limited Liability Company app. minimum capital requirement EURO Foreign companies can set up branches in Denmark, and all companies must register with the Inland Revenue authorities. The requirements to be laid down in the SKS system, all of which relate to matters of electrical safety, are described in detail in Retningslinier for SikkerhedsKvalitetsStyringssystemet ("Guidelines for Safety Quality Control Systems") published by the Danish Electricity Council. Authorisation is issued for a 5-year period, after which a new application must be introduced. In connection with the renewal of its authorisation, a company must prove/document that the authorised person has meanwhile kept his or her professional knowledge of technical safety requirements up to date. Authorisation entitles the company to carry out both low-voltage and high-voltage installations, excluding however the installation of lifts or x-ray equipment. Foreign companies carrying out work in Denmark are also required to establish an SKS system

13 Unless the foreign company concerned establishes a subsidiary in Denmark, the requirement to establish an SKS system will apply exclusively to the company's activities in Denmark. A subject from another EU member nation may be issued with a Danish authorisation without having to pass the statutory examination, provided that the person concerned has, during the last 10 years, worked as an electrical contractor in other EU member nations in one of the following ways: Six uninterrupted years of working experience as a self-employed electrical contractor or managing director Three uninterrupted years of working experience as a self-employed electrical contractor or managing director, provided that the applicant can establish proof of prior training in the relevant profession of at least three year's duration, as confirmed by a state-recognised certificate or recognised by a competent professional organisation Three uninterrupted years of working experience as a self-employed electrical contractor, provided that the applicant can document at least five years of working experience within the relevant profession in a non-self-employed position, or: Five uninterrupted years of working experience in a managerial position, including at least three years of working experience with technical tasks, and with responsibility for at least a department within the relevant company, provided that the applicant can document prior training within the relevant profession of at least three years' duration, as confirmed by a state-recognised certificate or recognised by a competent professional organisation. The Electricity Council issues authorisation: Elektricitetsrådet Gothersgade 160 DK-1123 Copenhagen K Denmark No charge is made for the issuing of authorisation Requirements relating to Electrical Contracting Personnel When establishing an SKS system, companies must determine the specific procedures and/or instructions necessary for the performance of these tasks, as well as general working procedures. The SKS system must thus ensure high-quality work in order to achieve optimum electrical safety. The authorised person, who must satisfy specific educational requirements and be principally employed by the company, possesses the overall responsibility for electrical safety, including responsibility for issuing safety instructions and supervising work carried out by the company's staff. The authorised person may delegate responsibility for instruction and supervision and thereby also a portion of the legal responsibility to one or several qualified members of staff in relation to the level of complexity or type of task in question, or in relation to the organisational divisions within the company

14 It is the responsibility of the authorised person to ensure that such delegation is exclusively given to persons who possess a number of specific professional and personal qualifications. The company's SKS system must contain a statement by the authorised person of the reasons why responsibility should be delegated to a named person, as well as documentation of the fact that such delegation has taken place, and its extent. It must be emphasised that the authorised person cannot delegate away all responsibility, as he or she will always be responsible for ensuring that such delegation is carried out correctly Technical Standards The Danish regulations relating to electrical installations are published by the Electricity Council under the title Stærkstrømsbekendtgørelsen (High Voltage Executive Order) chapter 6, ELECTRICAL INSTALLATIONS. The regulations laid down in parts 1 to 7 of this executive order are based on international standards, mainly deriving from publications in the IEC 364 series and harmonisation documents in the CENELEC HD 384 series. In addition, the executive order also contains some specifically Danish additions, alterations and explanations. There are also a number of additional provisions from the local electricity supply company, which primarily deal with branch circuit connections and how these are to be linked to the national grid, as well as matters relating to meters Inspection of Installations In Denmark, 10% of the installations large enough to require notification to the local electricity supply company are encompassed by a "10% inspection scheme". The 10% scheme is administered by the Electricity Council. On the basis of reporting by local companies to the Electricity Council, 10% of new or significantly altered installations are selected for inspection. Such inspections are carried out either by the Electricity Council itself, or by consortia to whom the Electricity Council has transferred the task within specific geographical areas of Denmark. Persons carrying out inspections for the Electricity Council must satisfy a number of requirements, which primarily relate to their professional competence and qualifications. The persons concerned must be qualified electrical contractors, and at least 40% of their working hours must be devoted to the inspection of electrical installations. Apart from this, no other official inspections of electrical installations are carried out. The responsibility for ensuring that installation work is carried out in accordance with the relevant regulations rests exclusively with the authorised electrical contractor, for which reason companies providing consultancy and planning services in the area of electrical installations are not subject to specific requirements for authorisation or special certification

15 2.2.5 Health and Safety Materials for use in electrical installations The provisions of Lavspændingsdirektivet, the Low Voltage Executive Order, cover materials for use in electrical installations. Materials encompassed by the Low Voltage Executive Order must satisfy the safety requirements specified by this executive order. These might, for example, require that the materials comply with the relevant European standards, harmonisation documents (EN or HD), international standards (IEC), or national standards. Materials not covered by the Low Voltage Executive Order must comply with the materials chapter of the High Voltage Executive Order, or the relevant standards. If no useable standards exist, the materials may be selected by arrangement between the installer and the user/planner. The work of standardisation in Denmark is carried out by: Dansk Standard Kollegievej 6 DK-2920 Charlottenlund Denmark The ELFO is represented on the relevant Danish standardisation committees Contractual and Commercial Matters No information received

16 Contact information: TEKNIQ Installatørernes Organisation Paul Bergsøes Vej Glostrup Telefon Telefax The Technical Safety Council Sikkerhedsstyrelsen - Nørregade Esbjerg Tlf Fax [email protected] Danish Ministry of Employment Dansk Standard Kollegievej 6 DK-2920 Charlottenlund Tlf: Fax: Klamsagervej 31 DK-8230 Åbyhøj Tlf: Fax:

17 2.3 ENGLAND There is no compulsory registration requirement for electrical contractors. An electrical contractor or operative is not obliged to possess particular qualifications to carry out installation work. Many UK employers, however, undertake only to employ operatives qualified for registration and grading by bodies established under the industry s self-regulatory arrangements. The UK s technical standards are not statutory other than in Scotland. However, work is currently ongoing through the Office of the Deputy Prime Minister (ODPM) to introduce electrical safety in the Building Regulations for England, Wales and Northern Ireland. If electrical safety is introduced then it is anticipated that competence requirements will be introduced for electrical contracting enterprises. Firms whose trade association membership, or enrolment with national consumer protection body, allows them to self-certify that their installations comply with technical standards undertake the majority of electrical contracting in the UK. These arrangements for self-certification would be open to suitably competent non-national firms, or they could have their compliance with technical standards validated by a firm accepted for self-certification. Under tax arrangements for the construction trades all contractors are required to register with the Inland Revenue s Construction Industry Scheme (CIS) General rules for Establishing a Business The most usual forms of business entity in the UK are public and private limited liability companies, branches of foreign companies, and partnerships, but other forms exist including unlimited companies. Branches of foreign companies can be set up without difficulty and operate in the same way as a resident UK company. Companies are formed under the Companies Act, and any new company, including the UK branch of a foreign company, must register with the Registrars of Companies who issue a Certificate of Incorporation. This involves lodging documents in respect of the formation of the company or branch with the Registrar. A public company cannot commence business until the authorized minimum share capital currently 50,000 has been invested. A private company may commence business immediately after incorporation without minimum capital required. The Registrars, run by the Department of Trade and Industry or its Northern Ireland equivalent, are located in Cardiff, Edinburgh and Belfast. Partnerships are formed under the Partnership Act of 1890 and the Limited Liability Partnership Act of 2000, implemented in April All new businesses, whatever their form, must notify their formation to the local tax office, for tax and social security purposes, and, except for small or exempt businesses, they must register with the local Customs and Excise office for VAT purposes

18 Self-employed status is subject to recognition by the tax authorities, not by the Registrar of Companies. Single person companies are not a legally recognized form of business entity in the UK. Licenses to trade are not required in the UK except for some specific activities such as banking and insurance. Businesses are not required by law to join a chamber of commerce or trade association. Other EC nationals may enter the UK freely to work or carry on any economic activity on the same terms as UK citizens, subject only to a few exceptions and to conditions of residence comparable to those in most other Member States. Requirements for Registration as an Electrical Contractor In the UK, anyone can set up as an electrical contractor or call himself an electrical operative. A company or other form of business entity has to do no more than undergo the general registration requirements outlined in above. There are a substantial number of self-employed individuals working, with or without employees, in electrical contracting, and an element of electrical contracting takes place in the black economy. All contractors, including self-employed individuals, in electrical contracting, and other construction trades are required to obtain a CIS certificate issued by the tax authorities. Under this system, the certificate holder, rather than the employer who engages him, is directly responsible for payment of direct taxation and National Insurance contributions. For telecommunications there are conditions imposed upon firms connecting to the public telephone network and the regulatory body OFTEL/OFCOM deals these with. The European Telecommunications Services Association (ETSA) has developed an assessment scheme for firms operating in the Datacomms sector known as Qualif Com. This scheme is being revised under the aegis of an EOTC RAG with the intention of offering a harmonized assessment scheme to firms working in Europe. It is currently available in the UK through the ECA and is being promoted to clients as a means of establishing that firms certificated against the Qualif Com criteria are competent. Quality assurance and other registration requirements may exist in the nuclear industry, offshore work and petrochemicals Requirements relating to Electrical Contracting Personnel No formal qualifications are required for an individual to set up or manage an electrical contracting business or to work as an operative in electrical contracting in the UK. In fact, in popular parlance, it is not uncommon for an electrician to be referred to as an engineer, whereas, formally, this should apply only to people with higher education in engineering. Engineer may also be applied to people working in the field but lacking basic formal qualifications as electrician. In the absence of formal regulations or regulatory bodies, however, a large part of the industry supports a well-established voluntary scheme of self-regulation whereby they undertake only to employ operatives who are registered and graded by the Joint Industry Boards (JIB and in Scotland the SJIB) of the Electrical Contracting Industry. Giving this undertaking is a condition of membership of the Electrical Contractors Association (ECA) and SELECT (the Electrical Contractors Association of Scotland). While there is no

19 mechanism to ensure that non-members do follow this practice, some do so in their own self-interest. The Joint Industry Boards are bodies established for England, Wales and Northern Ireland by the ECA and AMICUS, the electricians trade union, and separately for Scotland, by SELECT. Their purpose is to set training standards and provide impartial recognition of qualified electrical operatives. The training levels recognized by the Joint Industry Boards are as follows: - Qualified electrician the standard operative. City & Guilds 2360 Parts I & II and Achievement Measurement Tests I & II. (SQA Certificate in Electrical Installation in Scotland) - Approved electrician. Open to qualified electricians who have at least two years experience or are at least 22 years old and have some experience.. They must also have demonstrated competence and obtained a suitable qualification, such as G & G 2391, in the inspection, testing and commissioning of installations. - Technician supervisory grade. Open to those who are at least 27 years old and have at least five years experience as a foreman/charge hand or approved electrician, or to approved electricians who have exceptional skill and experience In 1993 the JIB introduced a Register of Installation Electricians, open to individuals who have been graded as Approved Electricians. Over the life of the Register more than 76,000 people were issued with a Registration Card. The Register has now been superseded by the Electro technical Certification Scheme (ECS). The ECS offers an enhanced identification card showing the level of competence and achievement in health and safety standards for the holder. Without this card it will not be possible to gain access to the larger construction sites in the UK. JIB advice to the public and other clients of the industry is that, if dealing with firms which are not in membership of a JIB or established trade association, they should check that a valid ECS Card is held by the proprietor of the firm or the operative actually carrying out the work. Building Regulations (Electrical Installation Working Dwellings) As from the 1 st January 2005 electrical installation work carried out in dwellings in England and Wales will become subject to Part P of the Building Regulations. Part P imposes the requirement that: Reasonable provision shall be made in the design, installation, inspection and testing of electrical installations in order to protect persons from fire or injury and that: Sufficient information shall be provided so that persons wishing to operate, maintain or alter an electrical installation can do so with reasonable safety. THESE REQUIREMENTS APPLY TO ALL ELECTRICAL INSTALLATION WORK CARRIED OUT IN DWELLINGS IN ENGLAND AND WALES. FAILURE TO MEET THESE REQUIREMENTS WILL BE A CRIMINAL OFFENCE. Electrical installation work in dwellings in England and Wales will count as building work as defined in the Building Regulations 2000, and hence should be notified to a Building Control Body before the work commences, unless:

20 1) The proposed work is to be undertaken by a Competent Person (an individual or a company authorized to self-certify compliance on completion of the work) or 2) The proposed work is of a minor nature. The Government formally recognizes competent Person schemes as schemes whose members are adjudged sufficiently competent to self-certify that their work has been carried out in compliance with the Building Regulations. A firm wishing to join a Competent Person scheme is vetted to ensure it meets the respective scheme conditions including the relevant levels of competence. If it meets these conditions, it is classified as a Competent Person and its work is then not subject to inspection by Building Control bodies Technical Standards Electrical installation work, unlike building work, is not subject to specific statutory regulation in the UK other than in Scotland. The basic position is that a British Standard, BS7671 Requirements for Electrical Installations, sets voluntary standards to which ECA members operate systems of self-certification. These regulations are commonly known as the Wiring Regulations. In Scotland, BS7671 is referred to in the Building Standards (Scotland) Regulations. SELECT members work to BS7671 voluntary standards in any case. There are moves to introduce electrical safety in the Building Regulations for England, Wales and Northern Ireland covering domestic installations. If this comes about, firms wishing to self-certify compliance will have to demonstrate that they meet the competence requirements set out in supporting legislation. The UK electricity supply industry is required to work to The Electricity Supply Continuity and Quality Regulations 2002 but, as far as installations involving the provision of an electricity supply by a supplier are concerned, compliance with BS7671 is accepted under these Regulations. Outside the mainstream of electrical installations, there is a widening range of systems work not covered by the IEE or other technical standards, and self-regulation to voluntary standards or codes of practice remains the key to sustaining standards in those areas. This also applies, of course, to the 60 to 70% of work that is accounted for by the repair, maintenance and adaptation of existing installations Inspection of Installations Although the electricity supply authorities have a right to inspect installations, which entail a new connection to the public supply, the vast majority of installations are left to selfcertification by the installer, who verifies that the installation complies with the IEE Wiring Regulations. The capacity of firms in membership of the ECA and SELECT to undertake selfcertification is accepted by suppliers. Firms, or individuals not covered by membership of the associations can have their installations verified by firms that are members. Another option is for firms to become enrolled with the consumer protection body, the National Inspection Council for Electrical Installation and Contracting (NICEIC). A small sample of an enrolled firm s work is inspected annually by an NICEIC inspector. The supply authorities also accept self-certification by contractors on the NICEIC roll

21 In Scotland, although technical regulations are statutory, much of the verification of compliance with them is a matter of self-certifications by the contractor rather than by direct inspection by local authorities. These various arrangements are concerned principally with technical performance aspects of installations. In addition, under health and safety legislation, installations are also open to inspection either by Health and Safety Executive, or by local authorities, according to the type of premises involved. Inspection of Installation Designs There are no statutory requirements that designs should be subject to inspection or that particular technical qualifications should be held by individuals undertaking design work Health and Safety Electrical installations have not been subject to specific health and safety legislation but to general legislation known as the Health and Safety at Work etc. Act of In 1989, the Electricity at Work Regulations 1989 were introduced. These acknowledge that many aspects of their requirements are likely to be met through compliance with the IEE Wiring Regulations but they do not make the Wiring Regulations statutory Contractual and Commercial Matters A variety of forms of contract are used in electrical contracting, including many standard and non-standard forms. The work of ECA members firms is backed by a Warranty and Bond provided by the Association: (i) Warranty Guarantees to clients of ECA members that electrical work, which fails to comply with relevant British Standards, will be rectified to comply with those standards at no cost to the client. The limit is 100,000 per contract. (ii) Bond Indemnifies the clients of ECA members for the additional cost of completion if the member fails to complete the electrical installation work to the relevant British Standard, or because the member has become insolvent. The Bond limit per contract is set at 10% of the contract value subject to a maximum limit of 100,000. In Scotland, SELECT member firms are covered by the SELECT Guarantee of Work Scheme and the Contract Completion Guarantee Scheme, both of which provide similar cover to the ECA schemes

22 Contact information: ECA ESCA House, 34 Palace Court London GB - W2 4HY ENGLAND Tel: +44 (207) Fax: +44 (207) [email protected] Joint Training Limited - the ECA preferred national managing agent for the Electro technical Industry's modern apprenticeship scheme

23 2.4 FRANCE There is no compulsory registration scheme specific to electrical contractors, but a voluntary scheme exists and is said to cover the majority of French contractors. All companies must register with a local Chamber of Commerce or Trade, and this may be less a matter of right for non-nationals than for nationals. An electrical contractor is not obliged to possess particular qualifications to carry out installation work. However, most contractors belong to the voluntary scheme run by the association, Qualifelec, which issues diplomas that are widely recognised. Membership of Qualifelec is favored by French insurers and can be a requirement for inclusion on public sector tender lists. Technical standards for electrical installations are specified in Health and Safety regulations, which are mandatory. Inspection and testing of all new electrical installations are mandatory and carried out by independent organizations approved by the Ministry of Labour. Approval must also be sought from Consuel (National Committee for the Safety of Electricity Users) before the supply authority will make a connection to the mains. Consuel inspects domestic installations on a random basis General rules for Establishing a Business In order to set up a company in France, it is necessary to register at the Régistre du Commerce operated by the Commercial Court (Tribunal de Commerce) for the district where the company will have its legal address. The company also reports to the tax and social security authorities at local level. In addition, the company must register with a local Chamber of Commerce or, for companies with less than ten people, with a local Chambre des Métiers (Chamber of Trades). The procedures are said to be purely administrative and apply to all trades. Requirements for Registration as an Electrical Contractor There is an official registration requirement specific to electrical contractors: Decree No dated 2 nd April 1998: Requirement to become a registered electrical contractor Requirements relating to Electrical Contracting Personnel There are no mandatory educational and training qualifications needed to operate as an electrical contractor in France. However, Qualifelec (Association Technique et Professionnelle de Qualification de l Equipement Electrique), comprising representatives of the contractors associations, the supply industry, the Ministry of Industry and other stakeholders, issues qualifications which are widely used. A range of qualifications may be issued depending on the size of the firm, type of installation, quality and education of technicians

24 It is not mandatory to be qualified by Qualifelec. Membership has however certain advantages for the installers. Many public and private companies prefer to use contractors recognized by Qualifelec, as with these companies they will have a rebate on their insurance. Qualifelec s diplomas are based on references of three or more clients of the contractor. A new installer who cannot provide such references can apply for a provisional diploma (lasting two to three years maximum), which is based on technical qualifications. After two to three years, the contractor has to produce references, if not the provisional diploma is revoked. Most public and private companies now require a Qualifelec diploma Non-nationals can work without satisfying qualification requirements. Clients may recognize foreign educational certificates, although familiarity with French technical standards is expected Technical Standards In France, there are statutory regulations concerning electrical installations that are primarily Safety Regulations. All regulations for electrical safety refer back to the decree of 14 November 1988, which relates to the protection of workers in buildings. It is divided into two sections. - Part one to five concern conditions of workers. - Part six concerns installation regulations, including verification regulations. These decrees do not cover mining, quarrying, road, air or sea transport, or electrical distribution where other specific regulations apply. The Safety regulations are contained in the Journal Officiel de La République Française. Separate regulations exist for: a) Dwellings b) Industrial/Commercial/Public Places (Etablissement Recevant du Public ERPs) Regulations are much stricter for the latter category of building and within that group; there is a whole range of grades of regulations that depend on the type of building, activity and level of risk. Various Ministries, as listed below together with the main documents involved, issue the safety regulations: Ministry of Construction: Regulates electrical safety for new buildings, mostly dwellings. Statutory regulations; decree of and arête of Ministry of Industry: Regulates the erection of networks for the distribution of electricity. (Rules: decree of 17 th May 2001). Ministry of the Interior: Safety regulations (decree of ) for fire risk in the ERPs. In rooms containing over

25 50 people, two electricity circuits are needed, and various other electrical installations including high buildings (Rules: 25 th June 1980). Ministry of Labour: Concerned with the safety of electricians working on or near an electrical installation (decree of ). Ministry of the Environment: Particular rules for the protection of the environment against such risks as explosion and pollution, e.g. risks relating to the use of PCBs in transformers; classifies establishments and asks for specific measures in order to protect people living in the neighborhood. These Safety regulations are closely associated with technical standards (Norms) published by the Union Technique des Electriciens (UTE) which include a set of standards relating to low voltage (NFC ) and high voltage (NFC and ). It is necessary to distinguish the Health and Safety regulations, always mandatory from the technical standards that are used on a voluntary basis, except when specified in regulations concerning particular standards i.e. if they form part of a ministerial décret or arrêté outlined above Inspection of Installations Industrial/Commercial/ERPS All industrial, Commercial and ERP installations are inspected whether they are new or refurbished installations (decree of ). The contractor must sign an attestation de conformité - a certificate of approval - (decree of and arête of ) and ask for a control report from one of the organizations of engineering experts authorized by the Ministry of Labour, or, in the case of ERPs, by the Ministry of the Interior. These specialist inspection organizations include APPAVE, SOCOTEC, CEP... With both these documents, the contractor must seek approval from Consuel (Comité National pour la Sécurité des Usagers de l Electricité National Committee for the Safety of Electricity Users) before connection to the power supply network. This initial inspection is followed by an annual inspection, usually by a technician, employed by the client organization, who has special knowledge in the field of electrical safety. Additionally, a Labour Inspector can, at any time, verify safety regulations through one of the organizations authorized by the Ministry of Labour. Some safety regulations are thus retroactive, highlighting the importance given to safety at work in France. Dwellings Only Consuel inspects new dwellings whose actions are controlled by an inter-ministerial commission, comprising the Ministries of Construction, Interior, Labour and Agriculture. Verifications by Consuel are not systematic except for installations made by new contractors on the market or by private individuals. With well-known contractors, inspections are carried out about once in every ten installations. Inspection procedures are the same throughout France. Inspection procedures have been extended to the total refurbishment of the electrical installations

26 For industrial and commercial installations, costs for inspection vary from per day. The owner of the building pays for the inspection. The more complex the installation, the more bureaucratic and costly the procedure becomes. For dwellings, the contractor pays for inspection, which is the cost of the forms to be sent to Consuel. Consuel is a nonprofit making organisation. It is not necessary to join an organisation such as a trade association in order to have work inspected. If installations are found to be unsatisfactory, Consuel can legally require modifications to be made before connection. Inspection of Installation Designs Design of installations does not have to be approved, but this approval is advisable, especially for large installations and ERPs. The Works Manager or Head of the establishment may submit designs to the inspecting organisations. Inspectors are independent operators, authorized by the Ministries of Labour and the Interior. Any changes are therefore made at the planning stage which is time saving. The Inspectorates know all the latest changes in legislation and so can be very helpful Health and Safety The statutory regulations concerning electrical installations are primarily Health and Safety regulations, which are closely linked to technical standards. (See section 7.4 INSPECTION) Contractual and Commercial Matters Non-standard forms of contract are widely used in France but big companies and public sector bodies such as the electricity supply authority and the railways each have their own standard contracts. Insurance requirements that must be met by electrical contractors include: Civil Insurance (3 rd Party) Construction Insurance (2-10 years) Social Insurance (employees, social security) Foreign insurers can underwrite risk in France, but as one correspondent stated, Clients certainly prefer French insurers

27 Contact information: Fédération française des Installateurs Electriciens - FFIE 5, rue Hamelin Paris Tél.: [email protected] - Fax: CONSUEL Tour Chantecoq 5, rue de Chantecoq Puteaux cedex Tél. : Fax : QUALIFELEC 109, rue Lemercier PARIS Tél. : Fax : Ministère de l'economie, des Finances et de l'industrie

28 2.5 FINLAND In 1996 a new Electrical Safety Act was passed in Finland. Under this act the status of electrical contractors was changed from licensed to notified. Nowadays it is possible in Finland to work as an electrical contractor if one fulfils the conditions, which are set down in The Electrical Safety Act. The Finnish Electrical Safety Authority checks the conditions before registration of electrical contractors. The Finnish electrical standards of equipments and installations are based on international IEC or CENELEC standards. The Ministry of Trade and Industry has confirmed specific electrical standards so that the installations, which are made according to those standards, fulfil the essential conditions of electrical safety regulations. Electrical contractors shall be responsible for the initial verifications in all buildings and constructions in which they have installed electrical systems. In Finland the buildings, which consist of more than two dwellings, are classified into three categories. The inspection body or a neutral third party in a certification inspection must approve the classified electrical installations in all buildings and constructions before it is commissioned for regular use. The certificate inspection must in these cases be done along with the initial verification of the installer. It is enough for installations without category that the electrical contractor does his initial verification and writes the certificate about this so that the installations are safe, active and according to agreement. All other installations besides the domestic electrical installations shall be inspected regularly. Frequency can be 5, 10 or 15 years General rules for Establishing a Business Electrical contracting and inspection of electrical installations are regulated in Finland with The Electrical Safety Act and by virtue of its subordinate regulations. The Electrical Safety Authority has drawn up rules, which complete the regulation. Electrical contracting is regulated in Finland purely because of electrical safety. Electrical contracting It is allowed to carry on electrical contracting in Finland, if one fulfils the following conditions according to The Electrical Safety Act A sufficiently qualified person is appointed to direct the work (supervisor), who fulfils the qualification conditions A person independently carrying out and supervising work should possess sufficient qualifications or otherwise has sufficient professional skills Premises and tools necessary for carrying out the work are used, and the provisions and regulations on electrical safety are observed and Regulations and instructions of electrical safety are used. The Electrical Safety Authority books in his register all electrical contractors, who fulfil the conditions above. Registration fee for the authority is 81 + VAT 22 % and the change of registration 49 + VAT 22 %. After registration the Authority doesn t levy annual or control taxes or fees

29 Regulations and standards It s possible to seek on the Internet free of charge the regulations and rules of authorities. These can be also bought from bookstores, the prices vary from 5 to 20. Standards must be paid and these can also be purchased from Sähköinfo Oy Bookstore. The Finnish electrical standards (both equipment standards and installation standards) are based on international examples. Only the standards at the most 45 kv wires are still national because these don t exist internationally. The installation standards are the same standards that The Ministry of Trade and Industry has conformed. According to these standards made installations should fulfil all essential safety demands. Other solutions are also allowed according to The New Approach of EU only if it conforms to these essential safety demands. The Finnish Electrical Standardisation Organisation SESKO ( is responsible for the preparing and developing of electrical standards and SESKO is corresponding on IEC and CENELEC. SESKO is owned by organisations of the electrical branch. SESKO co-operates with The Finnish Standardisation Organisation SFS, which is corresponding on the international level to ISO and CEN. Inspections The safety inspections of electrical installations are regulated in The Electrical Safety Act (419/96) and in the rule of commissioning and use of electrical installations (517/96). The Electrical Safety Authority has drawn up rules S3-96 and S4-04. The constructor of the electrical installations (electrical contractor) shall be responsible for the initial verifications. The electrical contractor is always responsible for making the initial verification in all self-installed objects. The electrical contractor shall record resolutions of inspection on the report and documents. These documents are signed by the electrician who is the skilled workman (expert) or the electrician who has constructed these electrical installations. Anyway the electrician must fulfil the conditions, which have been set for the skilled workman. There are in Finland both unclassified and to three categories classified electrical installations. Unclassified buildings and constructions are buildings that have two or less dwellings and insignificant changes. Other electrical installations belong to categories 1, 2 or 3 (all business-buildings, service-buildings, industrial installations, hospitals etc.) Electrical contractors shall be responsible for the initial verifications also in classified electrical installations and after that must be approved by the inspection body or another neutral third party in a certification inspection. The third neutral party mustn t inspect unclassified electrical installations Requirements relating to Electrical Contracting Personnel Manager of enterprise The managing director of electrical contractors has no conditions of competence at all. Supervisor The supervisor, who is a sufficiently qualified natural person and is appointed to direct electrical work, must be in a contractors employ because of electrical safety. The supervisor shall fulfil conditions of electrical education and working experience and he or she has taken degree in electrical safety exam. After that the supervisor can get a certificate of electrical safety,

30 It s possible to get the electrical safety certificate in three categories S1 (all installations beside elevators), S2 (all installations not more than 1000 volts) and S3 (repair of equipments and devices). The supervisor has no conditions of language skills, but in practice it could be difficult to get accepted in the electrical safety exam if one can t speak Finnish or Swedish. A private body, which can verify competence of supervisor and permit certificate, has got the authorisation by the Ministry of Trade and Industry. There is only one this kind of body in Finland. Its name is Henkilö- ja yritysarviointi Seti Oy and it s owned by The Finnish Electrical Contractors Association. The Finnish Electrical Safety Authority supervises the acting and qualification system of Seti Oy. Independent skilled worker Persons who make the essential electrical installations must fulfil certain conditions. He or she must be able to work independently. These conditions are defined in orders given by Ministry. The person, who can work alone or watch over other persons work in electrical branch, shall have sufficient electrical education and electrical working experience. It s also necessary to initiate the electrician into methods of working. From a person, who has no electrical education, are demanded not less than sex years working experience and the basic knowledge about electrical issues. Employers or supervisors check skills of employees already during recruiting. A person, for instance a trainee, who doesn t fulfil the conditions of skilled worker, can t do electrical installations without watched over by an independent skilled worker. All persons who do electrical installations must get through the course of electrical working safety according to EN The course must be renewed every five years. The courses are organised by private education companies for instance Sähköinfo Oy, owned by the Finnish Electrical Contractors Association - STUL. Overseer of electrical safety The order of Ministry demands that in every electrical working group must be an overseer of electrical safety. This persons task is to watch over electrical safety physically in workplace. He also takes part into the installations. It s also recommended that employer keeps register about personals electrical courses. Design of electrical installations The Electrical Safety Act demands that electrical equipment and electrical installations shall be designed in such a manner that according designing carried out electrical installations may not be hazardous to life, health and property. It s not allowed for an electrical contractor to carry out faulty designs. Those, who design electrical installations, don t have any demands of competence. In practice demands are same as supervisors in categories S1 or S2. Earlier the designers had same demands as supervisors but it changed in In 2004 organisations of electrical designers have founded voluntary certificate system of competence

31 Contact information: Ministry of Trade and Industry Aleksanterinkatu 4, Helsinki PO Box 32 FIN Government, Finland Tel: given [email protected] Safety Technology Authority (TUKES) P.O. Box 123 (Lönnrotinkatu 37) FIN Helsinki, Finland Telephone Telefax [email protected] Sähköinfo Oy POBox 55 FIN Espoo, Finland Telephone Telefax Henkilö- ja yritysarviointi Seti Oy POBox 55 FIN Espoo, Finland Telephone Telefax Technical Standards Materials and components, which are used in electrical installations, must fulfil demands of European standards. If there are no European standard must materials and components fulfil the demands of national standard. If there are no national standard must manufacturer or importer point out that the materials and components fulfil the essential safety demands. The Finnish electrical contractors have representatives in all crucial national committees of SESKO, where are dealt with issues that are important for electrical contractors, for instance committees SK64 (low voltage installations), SK99 (high voltage installations) and SK 17D (distribution boards). The participation to standardisation committees is liable to charges. That s why generally the representatives of electrical contractors in committees are the technical experts of STUL. STULs board strengthens the representatives of committees. The biggest contractors have their own representatives in standardisation committees. The charge of committees for SESKO is VAT 22 %

32 Contact information: Finnish Standards Association SFS POBox 116 FIN Helsinki, Finland Telephone given [email protected] The Finnish Electrical Standardisation Organisation SESKO Lauttasaarentie 3 FIN Helsinki, Finland Telephone given [email protected] The Finnish Electrical Contractors Association STUL POBox 55 FIN Espoo, Finland Telephone Telefax given [email protected] Inspection of Installations Inspections There are in Finland both unclassified and to three categories classified electrical installations. Unclassified buildings and constructions are buildings, which have two or less dwellings and insignificant changes in installations. Other electrical installations belong to categories 1, 2 or 3 (all business-buildings, service-buildings, industrial installations, hospitals etc.) The constructor of the electrical installations (electrical contractor) shall be responsible for the initial verifications. The electrical contractor is always responsible for making the initial verification in all self-installed objects. The electrical contractor shall record resolutions of inspection on the report and documents. These documents are signed by the electrician who is the skilled workman (expert) or the electrician who has constructed these electrical installations. Anyway the electrician must fulfil the conditions that have been set for the independent skilled worker. Electrical contractors shall be responsible for the initial verifications also in classified electrical installations and after that the private neutral third party in a certification inspection must approve installations. Unclassified electrical installations don t need to be inspected by the third neutral party. There are in Finland 100 authorised inspector and two authorized inspection bodies. The Safety Authorities don t inspect any objects but the Electrical Safety Authority watches over the inspection acting and all actors, also electrical contractors. All installations of buildings except dwellings must inspect periodically every 5 years (in class 3) or every 10 years (in class 2) or every 15 years (in class 1). Periodical inspections may be done by authorized inspection bodies and authorized inspectors. Announcement The electrical contractors or the authorized inspector of electrical installations must announce all new electrical installations in the buildings to the power companies or to the Electrical Safety Authority (TUKES). The inspection bodies must announce also all

33 certification inspections to the power companies or Authority (TUKES). All announcements can be left after the certification inspection. There are no terms for announcements. Before beginning of electrical installations there are no announcements to the authorities. Role of power companies Neither power companies nor authorities inspect the electrical installations in Finland but power companies concentrate to produce and sell electricity and authorities concentrate to supervise. Power companies have no right to cut the currency from dwellings or buildings, but they shall be obliged to ask help from the Electrical Safety Authority. The authority can always deny the use of hazardous part of electrical installation and demand it to be cut from electrical net. The inspection bodies have also right to give a request that one can t use hazardous part of installation. They can also request to cut the hazardous part of installation from the electrical net. The inspection bodies must announce such an incident immediately to the authority Health and Safety No information received Contractual and Commercial Matters No information received

34 Contact information: The Finnish Electrical Contractors Association STUL POBox 55 FIN Espoo, Finland Telephone Telefax given [email protected] Ministry of Trade and Industry Aleksanterinkatu 4, Helsinki PO Box 32 FIN Government, Finland Tel: given [email protected] Safety Technology Authority (TUKES) P.O. Box 123 (Lönnrotinkatu 37) FIN Helsinki, Finland Telephone Telefax [email protected] Finnish Standards Association SFS POBox 116 FIN Helsinki, Finland Telephone given [email protected] The Finnish Electrical Standardisation Organisation SESKO Lauttasaarentie 3 FIN Helsinki, Finland Telephone given [email protected] Sähköinfo Oy POBox 55 FIN Espoo, Finland Telephone Telefax

35 2.6 GERMANY Electrical contractors must register in the appropriate section of the Trade Register of a Chamber of Commerce of Chamber of Trade and apply for entry in the list of electrical contractors held by the electricity supplier for the locality where they intend to operate. Registration of the company must be by an individual with a Meister qualification who is entered also on the electricians trade roll of a Chamber of Trade. Six years experience as a supervisor of installations or an electrical engineering degree plus practical experience are acceptable alternatives to the Meister. Technical standards VDE/DIN are not statutory but are referred to in Health and Safety legislation. Inspection is mostly by self-certification. The supply undertakings inspect about 10-20% of domestic installations. Inspection is not statutory but governed by principles agreed between the electrical contracting and electricity supply industries General rules for Establishing a Business Company registration is required for all businesses in Germany whatever their size or activity. A new enterprise must first report its intention to commence business to the local economic supervisory office (Wirtshafts-und Ordnungsamt) of the municipality concerned, which will issue a certificate of registration. Proof of qualifications or reliability must be shown or an examination by a Chamber of Commerce or other body must be passed. Registration is then with the Commercial Register (Handelsregister) which is maintained with the local court. The business must also be entered in the appropriate industry sector or the local Chamber of Commerce (Industrie und Handelskammer) or Chamber of Trade (Handwerkskammer) as well as registering with the local tax and social security offices. The laws requiring registration in the Commercial Register and with a Chamber are the Handelsregistergesetz and the Handwerksordnung respectively. A foreign business may register a branch in the Commercial Register at the local court, provided that it can show evidence that the business itself would qualify for registration if it were located in Germany. Requirements for Registration as an Electrical Contractor Most electrical contractors in Germany are Unlimited Businesses or Limited Partnerships. They must register in the Handwerkskammer register (Handwerksrolle) for electrical contractors. The business must be registered by an individual who has the Meister qualification, or equivalent. He must register with the Handwerkskammer and also be entered on the electricians trade roll. Individuals who do not have the Meister qualification but can prove that they have worked as a supervisor (Leiter) for six years, also have the right to be entered on the Handwerkskammer register and roll

36 There are 42 Handwerkskammer in West Germany in the various lander. A contractor can register with a Handwerkskammer in any town and work throughout Germany. After registration all companies must also be entered onto a list of electrical contractors held by their local VNB (Verteilungsnetzbetreiber supply undertaking). The VNB will only grant permission for the contractor to install if they have the qualifications and workshop facilities required for registration. The list is renewed every two years (the exact conditions are give in Paragraph 12, Part 2 of AVBEltV [Technical Connection Conditions]). Every intended entry to the list is notified to the District Contractor Committee made up of representatives of the VNBand contractors already listed. (see also section 14.4 INSPECTION) If a contractor wishes to work in the area of another VNB, the contractor will also register with that VNB. This is said to be a purely administrative formality, although the contractor must acquaint himself with, and observe, any special installation or other regulations in the area of the other VNB. (Although some 80% of electricity is produced by eight large utilities, more than 600 undertakings are involved in distribution). Registration gives approval for a contractor to do any type of electrical installation work with the exception of a few specialist sectors. Registration on the Trade Register is not required for sub-contractors engaged by a registered contractor. However, a Meister employed by the sub-contractor must be registered on the electricians roll. None of the respondents had heard of a contractor being removed from a register. It could happen, however, if the contractor committed a crime, repeatedly produced bad workmanship, got into financial difficulties or ceased to employ of Meister or equivalently qualified person. Registration is not a pre-requisite for inspection. Registration gives the contractor the right to operate. At the moment, non-german contractors must have a permanent base in Germany, although one respondent suggested that this could change after 1992 to comply with the Treaty of Rome relating to free access. A British company such as Marks and Spencer could use its own contractors in Germany for a one-off project lasting up to six weeks. If a British contract were to operate in Germany for more than six weeks, it would have to register and apply for residence permits from the local authority Ausleanderamt (Aliens Office). German public companies will often only accept bids from national companies who are sure to conform to German standards. There is some concern over British standards, not necessarily in the sense of their being lower than VDE/DIN, but because of obvious differences in voltage and reaction times. It s worth saying that I personally know English standards for the layout of installations to be more lax than German ones. I can see the Japanese succeeding here; they have excellent standards and are entering the market. This was part of wider advice to foreign companies to have permanent representation in Germany in order to submit tenders for contracts; The Americans complain that they can t get a foot in the market. The reasons they give are that the technical standards are different. There are small differences like

37 those in voltage, but the fact is, there is no American representation here and without a presence, it is difficult to get accepted for contracts. (Chamber of Commerce) In common with the Luxembourg respondents, concern was expressed over the threat of cheap labour from Iberian countries: We are worried about the influx of electrical contractors from Spain and Portugal who demand very low wages and so deprive Germans of work Requirements relating to Electrical Contracting Personnel There are specific requirements in Germany that there must be at least one Meister in a company. The Meister qualification gives automatic entry on the trade roll as a master electrician. A Handwerkskammer issues Meister certificates. Alternatively, there may be an electrical engineer instead of a Meister, or six years supervisory experience is acceptable for entry on the roll. The Meister, or equivalent, must register with the Handwerksrolle der Handwerkskammer, the trade roll at the Chamber of Trades, followed by purely administrative registration with the VNB. (A VNB will only accept an electrical contractor if enrolled with a Handwerkskammer, testifying to qualifications and workshop facilities. Most members pay a lump sum of per annum to the VNB, with large companies paying a percentage of profit. Operatives do not need to register except for specialised jobs, such as welding in power plants. Operatives will usually have some electro technical experience and training but none is formally required. For other employees, much depends on the size and outlook of the company. Management may have a University or Fachhochschule (technical college) training. Non-nationals have to prove equivalent qualifications: It s all about being a convincing organisation. For instance, we have some foreign contractors in Germany which take on a German Meister to prove technical responsibility. (Engineering Consultant) German attitudes to non-national electrical contractors are mixed: We in the profession know that non-national contractors such as United Kingdom, are as good as German contractors, but clients tend to lump all non-nationals together with Yugoslavs and Turks who are mostly manual workers and less qualified. The Germans are more conservative in their thinking it is likely that a purely foreign firm would have a hard time establishing themselves as a viable set-up for everyday installations, not for large contracts. To begin with, a United Kingdom firm would be better to have a mixture of German and English workers to smooth the way. (Engineering Consultant) There is reciprocal recognition of qualifications between France and Germany, and Austria and Germany, but the respondents knew nothing about United Kingdom qualifications. In principle, the Meister and electrical engineer can both carry out electrical designs

38 2.6.3 Technical Standards The regulations of the VERBAND DER ELEKTROTECHNIK ELEKTRONIK INFORMATIONSTECHNIK (VDE) - Association of German Electrical Engineers and the Deutsche Institut Fur Normung (DIN) standards apply both to products and installations. They are not statutory except in special circumstances such as for military and hospital buildings. The Energiewirtschaftsgezetz (the law applying to electricity distribution) states that: Electrical installations must be carried out to a given standard but the standards themselves have been worked out on a voluntary basis. The contract sets out the prescribed terms. Usually, standards to be adhered to during installation work are agreed beforehand by client and contractor. The client would normally insist on VDE standards as would the EVU. In the case of injury, an electrical contractor has to prove that his installation methods fall within VDE standards. There are additional legal requirements laid down by the VDE/DIN, called the AVBEltV (General Conditions for the Supply of Electricity to Tariff Customers). Further requirements maybe stipulated by the Association of Insurers for Fire Protection. Insurance companies demand VDE standards. VDE/DIN apply generally across the market although special standards exist notably for the chemical industry, motor industry, oil refineries, hospitals and schools, and the PTT/ VDE/DIN apply to the whole of Germany. The only variations between regions (Landers) are small ones concerning earthing of conductors Inspection of Installations Verification of compliance with technical standards is largely on the basis of selfcertification by qualified contractors. Before connection to the mains is made, the contractor send a Meldung (report) to the VNB informing them that the work has been completed to VDE/DIN standards under the supervision of a master electrician. The connection is made by the VNB or by an electrical contractor acting as its agent. The local VNB has a right to inspect before and after completion but this depends on policy, staff and time available. For example, the frequency of inspections varies between ten to twenty percent among domestic installations, and, while a VNB has a right to inspect commercial installations, it rarely does so. Standards are voluntarily adhered to, with both customer and contractor demanding these standards (ZVEH the electrical contractors association) We only inspect our own clients, otherwise we could annoy those experts whose profession it is to inspect electrical installations. (RWE) It is, however, necessary to have joined a Handwerkskammer to be entitled to self-certify or seek third party inspection. A contractor doing work for the first time would very likely

39 be inspected by the local VNB to ensure the future standard of the work. If the installation work does not adhere to VDE/DIN or AVBEltV, the VNB can oblige the contractor to change the installation. If the client is not satisfied with the work, he can ask the VNB or a consultant to inspect the installation but has to pay for it. If defects arise, it is the contractor that is punishable under civil or criminal law depending on the seriousness of the offence. These arrangements for verification reflect the close consultation, which has been established between the electricity supply, and electrical contracting industries, ensuring that standards remain high and that inspection is rarely necessary. The ZVEH (representing the contractors) and the Vereinigung Deutscher Elektrizitaetswerke (VDEW an association comprising over 500 mostly municipal electricity distributors) have worked out principles (Grundsatze) for cooperation between themselves and the Deutsche Verbundgesellschaft (DVG the association of the eight major generation and transmission companies). The objective of the principles is to promote safety in the use of electricity. This cooperation is organised through a three-tier structure of Contractor Committees district, regional (lander) and federal. For example, a District Contractor Committee, will comprise representatives of the VNB (20%) and registered contractors (80%) working under the VNB s supervision to promote cooperation and the exchange of experience between VNB s and the electrical contractors. This leads to agreement, at national level, of the purpose of maintaining lists of registered contractors, and of the tasks, rights and obligations of electrical contractors and the supply undertakings. On being listed with a VNB, the contractor undertakes to observe the principles, which have been established through this mechanism Health and Safety The statutory Health and Safety regulation in Germany are the Arbeitstatten Richtlinien. There are additional regulations specific to mining, oil refining and the chemical industry, but there are no specific health and safety regulations regarding electrical installations. Health and Safety legislation forms part of the technical regulations VDE/DIN and technical connection conditions AVBEltV. The title of the legislation that refers to health and safety is Unfallverschutzung-vorschrift (Accident Prevention Regulations) set down by the Berufsgenossenschaft der Feinmechanik and Elektrotechnik Contractual and Commercial Matters There are a wide variety of forms of contract. Each job has its own contract varying according to the size and content of the job. Large public installations use third party organizations such as VOL and VOB for tendering, which prescribe the contract involved. Codes of Practice regarding tendering procedures are worked out according to the individual installations, whether public or private. There are no statutory Codes of Practice. The recommendations of the ZVEH are followed

40 Contact information: ZVEH Postfach D Frankfurt Lilienthalallee 4 D Frankfurt am Main Tel: +49 (0) Fax: +49 (0) [email protected] Deutsche Kommission Elektrotechnik Elektronik Informationstechnik im DIN und VDE Stresemannallee 15 D FRANKFURT AM MAIN Tel: Fax: [email protected]

41 2.7 NORWAY All electrical installation contractors have to register their company at the Register of Business Enterprises at Broennoesund. All participations and projects concerning the execution and maintenance of electrical installations must be registered at the Directorate for Civil Protection and Emergency Planning (Direktoratet for samfunnssikkerhet og beredskap), DSB. For a company to operate as an electrical installation contractor one employee must take the Norwegian electrical installation contractor exam or fulfil the EU regulations for exchange of manpower. The applicant for registration must have an electrical installation contractor exam in order to register. Inspection is by self-certification, supply authority or consultant. The supply authorities have a statutory right to inspect but only ten percent of all installations are inspected General rules for Establishing a Business To set up a company in Norway (private or public), the business must register with the Register of Business Enterprises (Brønnøysundregisteret) for a minimum capital of Foreign companies can set up branches in Norway. The company must have one electrical installation contractor employed (technical responsible) and he must be registered as living in Norway. All companies must also register with the local tax office for VAT. Requirements for registration as an electrical installation contractor In addition to the above, an electrical installation contractor with a company of any type or size must as from , be registered with the Directorate for Civil Protection and Emergency Planning (Direktoratet for samfunnssikkerhet og beredskap, DSB). The company must also have one registered electrical installation contractor who is responsible for the work done. The principal requirement for registration is the employment of individuals who have passed the electrical installation contractor exam according to Forskift om kvalifikasjoner for elektrofagfolk or Regulations governing the qualifications for skilled electro personnel. Once registered, the contractor can carry out any low voltage work except in a very few cases, such as the installation of lifts and cable TV. For these and for high voltage installations, supplementary training is needed. Registration is necessary to carry out work in all sectors of industry and covers contracts of all values. The requirements are the same for Norwegian and foreign companies. Registration applies equally to one-off contract work as to permanent businesses. Subcontractors engaged by the main contractor are also required to register

42 A contactor may be removed from the register if the annual fee is not paid or if the firm repeatedly carries out faulty work Requirements relating to Electrical Contracting Personnel The qualifications required by personnel in electrical contracting are as follows: - Manager: None required, providing that at least one employee is a qualified installation contractor - Technician: Qualifications according to Regulations governing the qualifications for skilled electro personnel and passed electrical installation contractor exam. - Operative: Four years as a trainee (Læring) with passed exam leads to the grade of electrician. Only the installation contractor (whether the manager or technician of a company) can register the company in order to work. Besides the above qualifications, the electrical installation contractor must be able to speak and read Norwegian. All these requirements apply equally to non-nationals as to Norwegians. As yet, there are no reciprocal arrangements for recognition of non-national qualifications. No further qualifications are needed to act as an installation designer Technical Standards The official title of Norwegian electrical installation regulations is Forskrifter om elektriske lavspenningsinstallasjoner or Regulations governing electrical low voltage installations., NEK 400 a Norwegian standard, which is related directly to CENELEC norms. These are statutory (under the Supervision of the electricity installations Act ) and are issued by the Directorate for Civil Protection and Emergency Planning, under the authority of the Ministry of Justice (from 1. July 2003). The regulations are the same for all market sectors except military and railway installations where high voltage is concerned. The regulations apply only on land; oilrigs have their own regulations. Where the voltage is less than 50V (e.g. telecommunications), the Heavy Current Regulations do not apply. Regulations are national, apart from occasional local regulations on earthing. The electricity meter is supplied and owned by the grid owner but the contractor, along with the main panel, installs it. Before connecting an installation to the network, the local El-safety Authority satisfies itself that The Directorate for Civil Protection and Emergency Planning regulations have been followed and that the electrical installation contractors are qualified. The circuit may be tested to check earthing and resistance. However, many contractors are given a license by the local El-safety Authority (Det lokale eltilsyn) to connect the installations to the network themselves. A contractor can be obliged to change completed installation work in cases where The Directorate for Civil Protection and Emergency Planning regulations have not been

43 complied with. Connection to the network may also be refused if there is poor workmanship, especially when there are problems with the network panel in large installations. In exceptional circumstances, the Electricity Council can take the contractor to court and have its license to operate revoked Inspection of Installations Verification of compliance with The Directorate for Civil Protection and Emergency Planning regulations is either by self-certification (a contactor must keep records of checks made of installation work) or by the local El-safety Authority (Det lokale eltilsyn) on behalf of the Directorate for Civil Protection and Emergency Planning. The Supply Authority inspects only private and local authority installation work. This takes the form of random inspection of low voltage work covering about ten percent of installations; all high voltage work is inspected. Verification of public installation work is usually by self-certification although the Directorate for Civil Protection and Emergency Planning is sometimes invited to inspect. Inspection of any installation by a consultant employed by the client is also possible. New connections and refurbishments are subject to inspection, but maintenance work is not. Telecommunications have their own regulations and inspections, while other installations below 50V, e.g. security and control systems, have no regulations and are not subject to inspections. The local El-safety Authorities (Det lokale eltilsyn) on behalf of the Directorate for Civil Protection and Emergency Planning have a statutory right to inspect. Inspection procedures are the same throughout Norway and take place after the work is completed for low voltage work and at any time for all other work. Inspection is more thorough and regular for dangerous installations like oilrigs and wherever there is an above average possibility of a short circuit or fire. If a contractor carries out a faulty installation, he will thereafter be inspected more often. The local El-safety Authority (Det lokale eltilsyn) does not charge for inspection and it is not necessary to be a member of an organisation to have work inspected. Inspection of installation designs The local Supply Authority requires inspection of the design of installations. Drawings should be submitted before work begins. Approval is statutory and the authority can require designs to be changed Health and Safety The Norwegian Health and Safety regulations are based on The Working Environment Act. Systematic Health, Environmental and Safety Activities in Enterprises; Internal Control Regulations require enterprises to have written objectives in relation to health, environment and safety activities. Roles and responsibilities pertaining to health and safety issues must be clarified. Risk analysis and assessment must be carried out, and plans of action must be made and carried out according to the assessments

44 2.7.6 Contractual and Commercial Matters Standard forms of contract in Norway are issued by NBR (Norwegian Council of Building Standardization). NELFO is taking part in the development of these standard forms and the members use them. Insurance requirements that must be met by electrical installation contractors include third party, injury to people, damage to property and possible redundancy payments if the business fails. There are no restrictions on non-national insurers underwriting risks in Norway provided they have a permanent base in the country. Under Procurement Law in Norway, public works must be put out for procurement and large construction works must be open to the whole of the EU. For smaller public works, in general, at least three contractors must procure

45 Contact information: NELFO El og IT bedriftene Postbox 5467 Majorstuen 0305 Oslo Tel. : Norsk Elektroteknisk Komite (NEK) (Standards Organisation) Postboks 280 Skøyen 0213 OSLO Tel. : Brønnøysundregisterne (National EDP registers in Norway) Havnegata Brønnøysund Tel. : Arbeidstilsynet Direktorate (Directorate of National Labour Inspection) Postbox 8103 Dep Oslo Tel. : Direktoratet for sikkerhet og beredskap, DSB Nedre langgt. 20 Postbox Tonsberg Tel. :

46 2.8 PORTUGAL Electrical contractors need to register with IMOPPI - Instituto dos Mercados de Obras Públicas e Particulares e do Imobiliário (Rua Júlio Diniz, , Lisboa Telephone: and obtain the necessary authorisations in order to execute electrical installations. Technicians responsible for the project and the execution of electrical installations must register with the DGE. The project of electrical installations requires an electrical engineering diploma. Personnel responsible for the construction of electrical installations should be engineers of the specialty of electricity and technical engineers of the same specialty. The electricians with adequate studies and, at least, two years of experience and electricians with professional titles given before 1981 can also be responsible. Technical regulations are statutory. Previous approval of the project is mandatory for some installations and the certification is statutory, although inspection it is not carried out in every situations. The entity that approves the projects, certifies the installations and carries out the inspections regarding private installations, when due, is CERTIEL - Associação Certificadora de Instalações Eléctricas - Rua dos Anjos, Lisboa Telephone: [email protected] EDP-Electricidade de Portugal cannot provide electricity before the above mentioned certification is obtained General rules for Establishing a Business To set up a business in Portugal, registration is necessary at the Registrar of Companies. A limited liability company is the form of business most often adopted by foreign investors. Publication of the articles of association in the official gazette and a daily newspaper are among the procedures required. Additional registration before the above mentioned IMOPPI is also essential. Registration is also required for a branch of a foreign company but these cannot obtain the necessary authorizations from IMOPPI and will not, therefore, work in the electrical installations market Requirements relating to Electrical Contracting Personnel The project of electrical installations requires an electrical engineering diploma. Personnel responsible for the construction of electrical installations should be engineers of the specialty of electricity and technical engineers of the same specialty. The electricians with adequate studies and, at least, two years of experience and electricians with professional titles given before 1981 can also be responsible

47 2.8.3 Technical Standards The official regulations that have to be met regarding electrical installations are issued by the DGE-Direcção Geral de Energia and are statutory. There are national regulations and there are no regional variations. These are the main applicable regulations: Decree-Law nº 740/74, of the 26 th December Decree-Law nº , of the 30 th July 1936, modified by: - Decree-Law nº 40722, of the 2 nd of August 1956; - Decree-Law nº , of the 19 th November 1960; - Decree-Law nº 446/76, of the 5 th of June; - Decree-Law nº 517/80, of the 31 st October; - Decree-Law nº 131/87, of the 17 th of March; - Decree-Law nº 4/93, of the 8 th of January. Decree-Law nº 740/74, of the 26 th regulations. December, will soon be replaced by new technical Inspection of Installations Approval of Installation Designs When related to situations that depend on City Hall approval, designs must be presented to the local municipality. After the electrical supplier (EDP) certifies that the installation in project can be supplied, designs of privative installations must also be presented to CERTIEL if the installation has power superior to 50kVA. Inspection of Installations Inspection takes place after completion of work and prior to connection. CERTIEL is responsible for inspection, which is statutory. However, not all installations are inspected. Much depends on the size and importance of installation, the reputation of the technician that installed it and several other factors. There is a computer program conceived for the special purpose of selecting the installations that are going to be inspected. New installations are usually inspected. Buildings are usually inspected, but not every apartment. If the building is selected to be inspected, common installation and the column are always seen. The inspection procedure demands, among others, the testing of the circuits. The contractor pays for the certification of the installation even if inspection does not take place Health and Safety No information received

48 2.8.6 Contractual and Commercial Matters There is a standard form of contract in Portugal between client and electrical supplier, which can be obtained in EDP-Electricidade de Portugal. There is not a standard form of contract between client and electrical contractor, although the existence of a contract with a minimum content is mandatory. Contact information: AECOPS Rua Duque de Palmela, n 20 P Lisboa Tel: Fax : [email protected] CERTIEL Rua dos Anjos, LISBOA Tel.: (30 linhas) Linha azul chamada local Fax: [email protected]

49 2.9 SCOTLAND There is no compulsory registration requirement for electrical contractors, although those now wishing to undertake certain Building Regulation work must be registered. An electrical contractor or operative is not obliged to possess particular qualifications to carry out installation work. Many UK employers, however, undertake only to employ operatives qualified for registration and grading by bodies established under the industry s self-regulatory arrangements. The UK s technical standards are not statutory other than in Scotland. Firms whose trade association membership, or enrolment with national consumer protection body, allows them to self-certify that their installations comply with technical standards undertake the majority of electrical contracting in the UK. These arrangements for self-certification would be open to suitably competent non-national firms, or they could have their compliance with technical standards validated by a firm accepted for self-certification. Under tax arrangements for the construction trades all contractors are required to obtain a 714 certificate issued by the Inland Revenue General rules for Establishing a Business The most usual forms of business entity in the UK are public and private limited liability companies, branches of foreign companies, and partnerships, but other forms exist including unlimited companies. Branches of foreign companies can be set up without difficulty and operate in the same way as a resident UK company. Companies are formed under the Companies Act, and any new company, including the UK branch of a foreign company, must register with the Registrars of Companies who issue a Certificate of Incorporation. This involves lodging documents in respect of the formation of the company or branch with the Registrar. A public company cannot commence business until the authorized minimum share capital currently 50,000 has been invested. A private company may commence business immediately after incorporation without minimum capital required. The Registrars, run by the Department of Trade and Industry or its Northern Ireland equivalent, are located in Cardiff, Edinburgh and Belfast. Partnerships are formed under the Partnership Act of 1890 and there are no register requirements. All new businesses, whatever their form, must notify their formation to the local tax office, for tax and social security purposes, and, except for small or exempt businesses, they must register with the local Customs and Excise office for VAT purposes

50 Self-employed status is subject to recognition by the tax authorities, not by the Registrar of Companies. Single person companies are not a legally recognized form of business entity in the UK. Licenses to trade are not required in the UK except for some specific activities such as banking and insurance. Businesses are not required by law to join a chamber of commerce or trade association. Other EC nationals may enter the UK freely to work or carry on any economic activity on the same terms as UK citizens, subject only to a few exceptions and to conditions of residence comparable to those in most other Member States. Requirements for Registration as an Electrical Contractor In the UK, anyone can set up as an electrical contractor or call himself an electrical operative. A company or other form of business entity has to do no more than undergo the general registration requirements outlined in above. There are a substantial number of self-employed individuals working, with or without employees, in electrical contracting, and an element of electrical contracting takes place in the black economy. All contractors, including self-employed individuals, in electrical contracting, and other construction trades are required to obtain a 714 certificate issued by the tax authorities. Under this system, the certificate holder, rather than the employer who engages him, is directly responsible for payment of direct taxation and Nation Insurance contributions. To undertake PSN work in telecommunications, a contractor is required to have BS 5750 Quality Assurance certification. Quality assurance requirements can also exist in the nuclear industry, offshore work and petrochemicals Requirements relating to Electrical Contracting Personnel No formal qualifications are required for an individual to set up or manage an electrical contracting business or to work as an operative in electrical contracting in the UK. In fact, in popular parlance, it is not uncommon for an electrician to be referred to as an engineer, whereas, formally, this should apply only to people with higher education in engineering. Engineer may also be applied to people working in the field but lacking basic formal qualifications as electrician. In the absence of formal regulations or regulatory bodies, however, a large part of the industry supports a well-established voluntary scheme of self-regulation whereby they undertake only to employ operatives who are registered and graded by the Joint Industry Boards (JIB and in Scotland the SJIB) of the Electrical Contracting Industry. Giving this undertaking is a condition of membership of the Electrical Contractors Association (ECA) and SELECT (the Electrical Contractors Association of Scotland). While there is no mechanism to ensure that non-members do follow this practice, some do so in their own self-interest. The Joint Industry Boards are bodies established for England, Wales and Northern Ireland but he ECA and AMICUS, the electricians trade union, and separately for Scotland, by SELECT. Their purpose is to set training standards and provide impartial recognition of qualified electrical operatives

51 The training levels recognized by the Joint Industry Boards are as follows: - Qualified electrician the standard operative. City & Guilds 236 Parts I & II and Achievement Measurement Tests I & II. (SQA Certificate in Electrical Installation in Scotland) - Approved electrician. Open to qualified electricians who have at least two years experience or are at least 22 years old and have some experience. Subject to taking a written test on BS Technician supervisory grade. Open to those who are at least 27 years old and have at least five years experience as a foreman/charge hand or approved electrician, or to approved electricians who have exceptional skill and experience JIB/SJIB advice to the public and other clients of the industry is that, if dealing with firms which are not in membership of a JIB or established trade association, they should check that a JIB Registration Card is held by the proprietor of the firm or the operative actually carrying out the work Technical Standards Electrical installation work, unlike building work, is not subject to specific statutory regulation in the UK other than in Scotland. The basic position is that a British Standard, BS7671 Requirements for Electrical Installations, sets voluntary standards to which ECA members operate systems of self-certification. These regulations are commonly known as the Wiring Regulations. In Scotland, BS7671 is referred to in the Building Standards (Scotland) Regulations. SELECT members work to BS7671 voluntary standards in any case. The UK electricity supply industry is required to work to The Electricity Supply Continuity and Quality Regulations 2002 but, as far as installations involving the provision of an electricity supply by a supply authority are concerned, compliance with BS7671 is accepted under these Regulations. Outside the mainstream of electrical installations, there is a widening range of systems work not covered by the IEE or other technical standards, and self-regulation to voluntary standards or codes of practice remains the key to sustaining standards in those areas. This also applies, of course, to the 60 to 70% of work that is accounted for by the repair, maintenance and adaptation of existing installations Inspection of Installations Inspection of Installations Although the electricity supply authorities have a right to inspect installations, which entail a new connection to the public supply, the vast majority of installations are left to selfcertification by the installer, who verifies that the installation complies with the IEE Wiring Regulations. The capacity of firms in membership of the ECA and SELECT to undertake selfcertification is accepted by the supply authorities. Firms, or individuals not covered by membership of the associations can have their installations verified by firms, which are members

52 Another option is for firms to become enrolled with the consumer protection body, the National Inspection Council for Electrical Installation Contracting (NICEIC). An NICEIC inspector inspects a small sample of an enrolled firm s work annually. The supply authorities also accept self-certification by contractors on the NICEIC roll. In Scotland, although technical regulations are statutory, much of the verification of compliance with them is a matter of self-certifications by the contractor rather than by direct inspection by local authorities. The position in Scotland will change from 1 May 2005 when a new Building Standards regime will be introduced. The new arrangements will provide increased status to contractors who are registered by SELECT to be able to certify all their work. These various arrangements are concerned principally with technical performance aspects of installations. In addition, under health and safety legislation, installations are also open to inspection either by Health and Safety Executive, operating under the aegis of the Department of Employment, or by local authorities, according to the type of premises involved. Inspection of Installation Designs There are no statutory requirements that designs should be subject to inspection or that particular technical qualifications should be held by individuals undertaking design work Health and Safety Electrical installations have not been subject to specific health and safety legislation but to general legislation known as the Health and Safety at Work etc. Act of In 1989, Electricity at Work Regulations 1989 were introduced. These acknowledge that many aspects of their requirements are likely to be met through compliance with the IEE Wiring Regulations but they do not make the Wiring Regulations statutory Contractual and Commercial Matters A variety of forms of contract are used in electrical contracting, including many standard and non-standard forms. The work of ECA members firms is backed by performance guarantees provided by the Association; (i) (iii) ECA Guarantee of Work. This scheme provides customers free guarantees that any work, which fails to comply with specified standards, will be rectified to those standards at no cost to the customer. The guarantee extends for a period of five years and provides up to 50,000 cover! ECA Completion Guarantee Scheme. This makes provision for the completion of a project in the event of the ECA member going into liquidations. Up to 50,000 cover is available to the customer under the scheme. In Scotland, SELECT member firms are covered by the SELECT Guarantee of Work Scheme and the Contract Completion Guarantee Scheme, both of which provide similar cover to the ECA schemes

53 Contact information: SELECT The Walled Garden Bush Estate Midlothian EH26 OSB Great-Brittan Tel: Fax:

54 2.10 SPAIN All electrical contractors must register with the Ministry of Industry and Energy, which issues certificates of National Authorized Electrical Installers and also in the region where they wish to work. Registration applies to one-off contracts as well as to contractors with a permanent base in Spain. In both cases, a Spanish address is necessary. To carry out work a contractor must employ an Authorized Electrical Installer who must be qualified, the necessary installation equipment. Full arrangements exist for the recognition of foreign qualifications. There are statutory technical standards for electrical installations. These are separate from Health and Safety legislation although this does refer to technical standards in its rulings. There are further safety regulations concerning installations in public places. Inspection is statutory and by self-certification for approved contractors belonging to the trade associations FENIE and AEE; otherwise it is by inspection by the local electricity supply authority General rules for Establishing a Business The procedure for setting up a business in Spain is to register with the Ministry of Commerce with a regional delegation of the Ministry of Commerce and also with a regional delegation of the Ministry of the Interior. There are no restrictions on the establishment of companies from other EC countries. Requirements for Registration as an Electrical Contractor In addition to the above, an electrical contractor must register as such with the Ministry of Industry and Energy. This is a statutory requirement backed by the national law MI BT 040. The Ministry issues certificates of Authorized Electrical Installers, which allow the contractor to carry out work. To obtain the certificate, the applicant must meet the following conditions laid down by the Ministry of Industry and Energy: (a) (b) (c) Hold qualifications in the field of electrical installations Pass an examination on Spanish technical regulations before a delegation of the Ministry. Prove possession of the requisite technical equipment needed to perform electrical installations Registration, both nationally with the Company Register and regionally, does not take more than a month. Two Danish contractors registered here last year within three weeks. (Spanish Electro technical and Electronics Association) If Authorized Electrical Installers wish to carry out work in a region other than where they have registered, they must register their certificate with the Provincial Delegation of the Ministry of Industry and Energy in this other region, for a license covering the whole region

55 or the area of a particular municipality. There are no regional variations in the registration requirements. Registration is necessary for all types of installation work and covers contracts of all values. It applies to one-off contract work as well as to permanent businesses, and it has to be reviewed annually. Registration is required of sub-contractors engaged by registered main contractors unless the latter takes responsibility for the work, an event that rarely happens. A contractor can be removed from the provincial register if its work is judged to be faulty or if an accident occurs that is the installer s fault. If a contractor no longer has any employees registered, the contractor may have its certificate of Authorized Installer taken away. Registration applies equally to non-national businesses as to Spanish contractors. However, foreign firms cannot work in Spain on a temporary basis, but need to have a Spanish address Requirements relating to Electrical Contracting Personnel To carry out work, an electrical contractor must have at least one person in possession of the certificate of Authorized Electrical Installer. An individual under the supervision of an Authorized Electrical Installer may perform the following installations: (a) Small extensions or modifications to exiting installations that do not substantially affect the installation, as well as repairs to the above due to wear and tear. (b) All dwelling installations whatever their size (c) Installations in buildings principally designed for dwelling purposes and in commercial or office buildings where the maximum power required for these building is not more that 40kW. (d) Installations in factories and workshops where the supply will not exceed 20kW (e) Installations in public meeting places where the power required is more than 10kW (f) Installations where humid, wet or powdery conditions exist, or there is a corrosion risk, and where the power supply does not exceed 10kW. (g) Installations in temporary open or covered sites where the installed power is 10kW, or 50kW if it is for construction purposes (h) Private networks, fed from transformers or generators, with a power not exceeding 50kW (i) Public lighting networks with a power requirement of less than 20kW The voltage rating all the above in relation to earthing should not exceed 250 volts. To obtain the certificate of Authorized Electrical Installer, the regulations MI BT 040 states that the individual must; Be in possession, at the very least, of a title or certificate of studies at official industry level, or the equivalent in the branch of electrical installer The Ministry of Education and Science issues the above qualifications. Apart from qualifications, a minimum of technical equipment is required to operate as an electrical installer

56 These include: - Insulation detector, to conform to standards of MI BT Earth detector - Current detector able to measure the following: AC and DC current Strength Resistance - Leak detector - Tension detector All tools and auxiliary equipment must conform to the standards laid down by the safety authorities. Non-nationals must satisfy the qualification requirement and therefore the registration requirements, to work in Spain. There are full arrangements for the recognition of foreign diplomas in Spain. The documents required are as follows: Certificate of nationality Original of the qualification whose accreditation is requested Academic certification of the above qualification Details of courses taken showing content and depth All documents granted by foreign authorities must be endorsed by the relevant diplomatic authorities and, if necessary, be accompanied by an official Spanish translation. Applications for the recognition of qualifications should be presented to one of the following: General Registry of the Ministry of Education and Science Civil Governors Post Offices Spanish diplomatic or consular representatives abroad Technical Standards The Spanish regulations regarding low voltage electrical installations are the Reglamento Electrotecnico Para Baja Tension (REBT). They are statutory regulations according to the decree of 2413/1973 and subsequent amendments, and are issued by the Ministry of Industry and Energy. These regulations are covered by the standard MU BT 041 which stipulates different regulations for industry areas depending on the degree of risk involved, the voltage, and whether or not the installations are in wet or high risk areas. Details are given in the Regulation s manual. The regulations are national, although their interpretation can vary between different regional electricity supply companies

57 Inspection of Installations The Electricity Supply Authorities install and connect electricity meters in Spain, the contractor is responsible for the Consumer installation and its connection to the meter. Installations that require approval prior to connection under MI BT 041 include: New industries or establishments that by virtue of the existing legislation, require prior approval Areas where the public is admitted, except commercial establishments where the power is less than 50kW Buildings where there is a risk of fire or explosion risk and buildings where there is a wet area. Installations where there is joint low and high voltage Electrical lifts and transport machinery. Installations that use special voltages Those installations that use earthing conductors above 250 volts Water heaters where these form part of the electrical circuit. Heaters where the element is exposed in the water. Heating conductors Generators and converters with a power above 10kW Electric fences and supply systems Public distribution networks run privately or collectively, and public lighting systems in urban zones, parks, gardens and public footpaths Private networks Buildings, mainly for domestic use, where the installed power is equal to or greater than 100kW as calculated in the Instruction MI BT 010 Any installations not included in the above which may be determined by the Ministry of Industry Extensions and modifications of major importance, that is, any alterations that increase the power supply by more than 50 percent, are considered as new installations. Inspection is by the local electricity supplier under the authority of the Provincial Delegation of the Ministry of Industry and Energy. These organizations decide what changes are needed to installations if they are found to be defective or not up to MI MT 041 standards. Inspections do not vary from region to region and are statutory throughout Spain under the standard MU BT 041. Inspection charges are included in the connection costs. Self-certification by approved contractors belonging to either of the electrical contractors associations FENIE and AEE, is considered adequate for smaller installations. Membership of these organizations is not necessary for work to be inspected although the respondents suggested that it would be advisable for a contractor to belong to FENIE

58 Membership requirements are the same as for registration with the Ministry of Industry and Energy. For those installations that do not require prior approval, the authorized installers must, once the work is completed, fill in a form that is obtainable from the Provincial Delegation of the Ministry of Industry and Energy. The completed form should describe the principal characteristics of the installation, the installed power, the maximum potential power, as well as a declaration the installation has been performed in accordance with the Electro technical Regulations for low voltage supply and the standards required by the electricity company supplying the power. The original of the form remains with the Delegation, and a copy is given to the electricity supply company when the contractor requests connection of the installation. This procedure is purely in order that the supply company can accommodate new installations into its distribution network. Inspection of Installation Designs When applying for approval of installations, the contractor must give details of the site of the proposed installation, its principal characteristics, and for what purpose it will be used. The request for approval to install should be drawn up by an approved technician, who must justify the types of the conductors to be used, the protection apparatus, the equipment to be installed, as well as the safety measures to be employed and all other details pertinent to the size and type of the installation. The plans submitted must give a clear picture of how the installation will be carried out. The Provincial Delegations of the Ministry of Industry and Energy give their approval or disapproval of the designs within 15 working days of receipt of details of the project. Contractors may be obliged to change designs at the request of the Delegation Health and Safety The statutory Health and Safety regulations in Spain are the Notas Técnicas de Prevención. These apply nationally across all industry sectors and refer to the technical regulations REBT. There are also further safety regulations concerning the construction of public places. The regulations were issued by the Royal Decree Number 555/86 on 21 st February 1986 following a high incidence of accidents in the construction of public places Contractual and Commercial Matters In theory, any constructions contracts in Spain, including electrical installations, are open to EC contractors, but with the exception of small projects that are funded by municipal authorities. However, in practice, the respondents suggested that non-national companies would find it easier to work in Spain if in a joint venture with a Spanish contractor. Spain still has exchange control laws that limit the full remittance of profit to a parent company outside Spain. However, the respondents insisted that these had disappeared by

59 Electrical contractors must have sufficient insurance to meet any claims for damages whether direct or third party. This can be arranged with non-national insurance companies as long as they are registered to do business in Spain. Contact information: FENIE C/ Príncipe de Vergara, 74-3ª, Madrid Tel.: Fax: Sr. Martinez General Secretary Federación Nacional de Industriales Sr González General Secretary - Director Electricistas de España (FENIE)- trade association Príncipe de Vergara Madrid Tel: Sr. Aurelio Canales Head of Production, Transport and Distribution Unidad Eléctrica SA (UNESA) Francisco Gervas Madrid Tel: Sr. Don Antonio Inna General Secretary Asociacion Nacional de Aplicaciones de la Electricidad Principe de Vergara Madrid Tel : Sr. Jose Maria Gonzalez Director Asociacion Electrotecnica y Electrónica Española (AEE) trade association Avenida del Brasil Madrid Tel: Sr Menedez Director of Publications Instituto Nacional de Higiene y Seguridad del Trabajo Calle Torre Laguna Madrid Tel:

60 2.11 SWITZERLAND Electrical contractors must register in the appropriate section of the Register of the Federal Inspectorate for Heavy Current Installations (Eidgenössisches Starkstrominspektorat). Registration of the company must be applied for by an Individual with a Master's Degree (Meisterprüfung). An Electrical Technician (Elektro-Techniker) with three years of installation practice or an Electrical Engineering Degree (El.-Ing.-Studium) plus practical experience, to be confirmed by a practical exam, are acceptable alternatives to the Master's Degree. The Technical Standards established in the 'Low Voltage Installations Norm (Niederspannungsinstallations-Norm/NIN) are statutory. Periodic inspection is statutory according to the Ordinance about Electrical Low Voltage Installations (Niederspannungs-Installationsverordnung, NIV) General rules for Establishing a Business The terms and conditions to be observed when opening a business in Switzerland are contained in the Swiss Code of Obligations. There is a wide range of legal forms under which a business can be established. Distinction is made between a personal company with unlimited liability of the owner(s), and a partnership company with limited liability of the owner(s). Registration with both the Federal and the Cantonal Commercial Registers (Eidgenössisches und Kantonales Handelsregisteramt) is compulsory for any business with a yearly turnover exceeding CHF Requirements for Registration as an Electrical Contractor - Most electrical contractors in Switzerland are companies with unlimited, or partnerships with limited liability of the owners. - The electrical contractor must apply for registration in the relevant register held by the Federal Inspectorate for Heavy Current Installations (Schweizerisches Starkstrominspektorat). The permit obtained from the Federal Inspectorate for Heavy Current Installations is a personal authorization, which entitles its owner to carry out electrical installations throughout Switzerland. - Registration entitles the Authorized Electrical Contractor with a Diploma, or with an equivalent qualification, to carry out any type of electrical installation work with the exception of a few specific areas. - Expulsion: Unless a contractor commits a crime, repeatedly produces bad workmanship, gets into financial difficulties, or if the company ceases to employ qualified personnel it is unlikely that a registered contractor will be expulsed from the register. - Swiss public companies often will only accept bids from Swiss based companies because they guarantee to conform to Swiss standards

61 Requirements relating to Electrical Contracting Personnel Operational organization 1. One full-time professional expert with a Master's Degree or an equivalent qualification, may supervise no more than twenty collaborators such as electrical surveyors (Elektro-Kontrolleure), chief electricians (Chefmonteure), electricians (Elektromonteure), fitting electricians (Montage-Elektriker), apprentices or assistants. 2. This requirement applies to independently operating subsidiaries as well. 3. The realization of Electrical installations may only be assigned to employees with one of the following qualifications: a) Federal Certificate (Fähigkeitszeugnis) as an Electrician (Elektromonteur) or an equivalent qualification; whereby the equivalency of the qualification has to be confirmed by the Federal Inspectorate for Heavy Current Installations. The latter will confirm the equivalency of qualification after having consulted with the Federal Office for Professional Education and Technology. b) Federal Certificate as a Fitting electrician (Montage-Elektriker) 4. Electrical installations may exclusively be put into operation under the supervision of an individual with professional expertise (fachkundige Person) or a person as described in paragraph 3, letter b) above. 5. Apprentices or assistants may only carry out electrical installation, under the condition that they are guided and supervised by an individual with professional expertise (fachkundige Person) as described in paragraph 3 above. 6. Individuals with professional expertise and other individuals as described in paragraph 3 above may supervise no more than five apprentices or assistants. 7. The supervising expert ensures that the installation work is checked regularly Technical Standards The regulations of the Association for Electrical Energy and Information Technology ('electrosuisse' - Schweizerischer Elektrotechnischer Verein/SEV) apply to both, products as well as installations. Standards to be adhered to during the installation are generally agreed on between the client and the contractor before the beginning of the work. In the event of an injury, the electrical contractor has to prove that his installation methods conform to SEV standards. There are additional legal requirements laid down by the SEV, and further requirements may yet be stipulated by the Association of Insurers for Fire Protection. Insurance companies apply SEV standards. In general, SEV standards apply throughout the territory of Switzerland, whereby minor regional differences with regard to measuring and tariff may exist. Special standards may be applicable for other industrial sectors, notably for the chemical industry, motor industry, oil refineries, hospitals, schools, and the PTT

62 Inspection of Installations Before connection to the mains is carried out, the contractor sends a 'Completion Report' to the Network Operating Authority informing them that the work has been completed according to the Ordinance about Electrical Low Voltage Installation Norm under the supervision of a Master Electrician. The connection to the mains itself is carried out by the Network Operating Authority or by an electrical contractor acting as its agent. Before commissioning parts or the whole installation, a primary check has to be done according to the Low Voltage Installations Norm (NIN) Before handing over the installation to the owner, an approved Electrical Contractor with Diploma or an Electrical Security Consultant with Federal Certificate has to carry out a final check and the results of the control must be recorded in a Security Certificate. The local Network Operating Authority has the right to inspect before and after completion but this depends on policy, staff and time available. For example, the frequency of inspections varies between ten and twenty percent. It is compulsory to be registered by the Federal Inspectorate for Heavy Current Installations in order to be entitled to self-certify or to seek third party inspection. A contractor doing work for the first time would be very likely to be inspected by the local Network Operating Authority to ensure the future standard of the work. If the installation work does not adhere to the NIN, the Network Operating Authority can oblige the contractor to change the installation. If the client is not satisfied with the work, he can ask the Network Operating Authority or a consultant to inspect the installation but has to pay for it. If miss functions are discovered, the contractor is punishable under civil or criminal law, depending on the seriousness of the offence. There are 4 control periods for periodic inspections to be carried through after 1, 5, 10, and 20 years. The control period for domestic installations is 20 years Health and Safety The statutory Health and Safety regulations in Switzerland are contained in the guidelines of the Federal Coordination Commission for Occupational Safety/FCOS (Eidgenössische Koordinationsstelle für Arbeitssicherheit/EKAS). There are additional regulations specific to mining, oil refining and the chemical industry. Regarding electrical installations, however, specific health and safety regulations do not exist. The title of the legislation that refers to health and safety is the Swiss Accident Insurance Law /Schweizerisches Unfallversicherungs-Gesetz, and the Authority in charge of the implementation of the law is the Swiss Accident Insurance Company (Schweizerische Unfall-Versicherungs-Anstalt/SUVA)

63 Contractual and Commercial Matters The different kinds of contracts are described in the Swiss Code of Obligations. They include, for example: - Contracts of employment - Publishers contracts - Representation contracts - Contracts of manufacture Etc. Contracts may be concluded by oral or written agreement. In some cases contracts must be drawn up in writing by law. Depending on the complexity and financial implication, it is customary that contracts regarding electrical installations are made out in every detail in writing, observing the norms and requirements of the Contract of Manufacture (Werkvertrag) drafted by Swiss Association of Engineers and Architects/SIA. State owned and other large enterprises like for example Swisscom, Migros, the individual states (Cantons), etc. are likely to draft their own Contracts of Manufacture. If no specific Contract of Manufacture is concluded, the legal requirements of the Swiss Code of Obligations will automatically apply. Contact information: VSEI Berufsbildung Limmatstrasse 63 Postfach 2328, 8031 Zurich CH Zürich Tel: +41 (1) Fax: +41 (1) [email protected] SEV Electrosuisse Luppmenstrasse 1 CH-8320 Fehraltorf Tel. +41 (1) FAX +41 (1) Mail: [email protected]

64 3. General rules for Establishing a Business 3.1 BELGIUM Records of trade and industry * Local names are in italic, first in Dutch and next in French. To establish a business in trade or industry, one has to file with the records of trade and industry ( handelsregister or registre du commerce ) through one of the privately operated enterprise counters ( ondernemingsloket or guichet d entreprise ). Without (correct) registration, one theoretically risks high fines and even prison sentences. More importantly, any legal claim for a non-registered activity can be declared inadmissible by the judge. For some activities, the professional capacities of the enterprise first must be certified. Therefore, a company can only ask to be registered for activities for which it has this certificate, or for activities, which don t require a certificate. Companies with 50 employees or more never need this certificate. Professional certificate as electrical contractor The enterprise counter delivers the certificate when the enterprise has proven to meet with all the requirements. These requirements concern technical matters as well as managerial capacities (including price calculation and bookkeeping). Two different persons can meet them. Both can be proven by diplomas or experience (3 to 5 years in the 10 years before the application), or by a special exam before a central jury with the Ministry of Trade and Industry. Applicants younger than 30 years also have to go through an apprenticeship of 2 years (usually this is included in the schooling). This certificate is necessary for all electro technical activities ( installing, modifying, repairing high-voltage installations, i.e. driven with more than 50 and less than 500 volts ), as well as the assembly of electric or electronic appliances, and the installation of (indoor) telephony and signaling, electrical heating, fire and intrusion detection systems (royal decree of 6 December 1968, modified repeatedly). Without the necessary certificate, not only criminal prosecution is possible, but also closure by the authorities or by competitors. Contracts may prove to be legally unenforceable. Registration To combat social and/or fiscal moonlighting, all enterprises active in construction are strictly controlled, and are registered by provincial commissions that observe their behavior in paying and respecting all social and fiscal duties. This registration is also linked to certain activities (there are 28 categories, of which category 26 is usually used for electrical contractors, and categories 27 and 28 for more specific activities in the sector). Clients are prompted to only make an appeal on registered companies. Concluding a contract with a non-registered company automatically makes the client jointly liable for the company s social debts (up to 50% of the total amount of the contract) and fiscal debts (up to 35% of the total amount of the contract). Usually, the possibility to reclaim debts paid for such a non-registered company is pure theory. Further, when paying a non-registered

65 company, the client must retain 30% of the amount, and pay half of this sum to the social security agency ( Rijksdienst voor sociale zekerheid (R.S.Z.) or Office national de la sécurité sociale (O.N.S.S.) ), and the other half to the treasury. These payments will be deducted of the liabilities the client would have incurred. Clients that do not respect this duty may incur additional penalties (up to 30% and 15% of the total amount). Enterprises that do not respect their social and fiscal duties can lose their registration. From that moment on, clients (having contracted with them when they still were registered) will have to retain 30% and pay this sum to the social security agency and the treasury (but they do not incur any joint liabilities). For activities belonging to the construction sector (excluding electro technical contracting, but including air-conditioning), executed by subcontractors, an even harsher system applies. Every client of a subcontractor has to report the contract to his client (the general contractor has to report his contract to the aforementioned Rijksdienst voor sociale zekerheid). When this agency certifies the subcontractor is not registered, or has social debts, the client must retain with every payment 50%, of which 35% has to be paid directly to the RSZ-ONSS, and 15% to the treasury. Otherwise, joint liabilities will be incurred, as well as certain social and fiscal penalties. Qualification of enterprises - Qualification for intrusion detection: enterprises that conceive and install burglar alarm systems have to be qualified to do so by the Ministry of the Interior. They have to meet requirements in training, in permanent accessibility, the protection of client files, the reliability of the employees. Failure to (continue to) respect these requirements may lead to administrative fines, criminal prosecution and closure of the activity. - Qualification for public contracts: enterprises desiring to bid for public contracts, should ask for qualification with the Ministry of Trade and Industry ( Erkenningscommissie or Commission de l agréation ). This permits them not to have to prove their capacities and professional guarantees with every different contract they bid for. In practice, for contracts of more than EUR (without VAT) any bidder has to prove a minimal amount of capital, sufficient turnover, certain references of work well executed, and a sufficient number of employees. There are also several voluntary private certification schemes in the sector: - Intrusion detection: INCERT-certification scheme (managed by the Belgian normalization institute for the electro technical sector: Belgisch elektrotechnisch comité (B.E.C.) or Comité électrotechnique belge (C.E.B.) ); insurers may require this certification for a theft insurance ( - Fire safety: BOSEC-certification scheme; sometimes required by fire services and insurers ( - Domotics: VEI-quality label ( Kwaliteitslabel Domotica ) (managed by the scientific centre for the electrical contractors, Vlaams Elektro Innovatiecentrum (V.E.I.) ) (

66 3.2 DENMARK To set up a company in Denmark, the business must be registered with the Register of Companies as either: Public Limited Liability Company app. minimum capital requirement EURO Private Limited Liability Company app. minimum capital requirement EURO Foreign companies can set up branches in Denmark, and all companies must register with the Inland Revenue authorities. The requirements to be laid down in the SKS system, all of which relate to matters of electrical safety, are described in detail in Retningslinier for SikkerhedsKvalitetsStyringssystemet ("Guidelines for Safety Quality Control Systems") published by the Danish Electricity Council. Authorisation is issued for a 5-year period, after which a new application must be introduced. In connection with the renewal of its authorisation, a company must prove/document that the authorised person has meanwhile kept his or her professional knowledge of technical safety requirements up to date. Authorisation entitles the company to carry out both low-voltage and high-voltage installations, excluding however the installation of lifts or x-ray equipment. Foreign companies carrying out work in Denmark are also required to establish an SKS system. Unless the foreign company concerned establishes a subsidiary in Denmark, the requirement to establish an SKS system will apply exclusively to the company's activities in Denmark. A subject from another EU member nation may be issued with a Danish authorisation without having to pass the statutory examination, provided that the person concerned has, during the last 10 years, worked as an electrical contractor in other EU member nations in one of the following ways: Six uninterrupted years of working experience as a self-employed electrical contractor or managing director Three uninterrupted years of working experience as a self-employed electrical contractor or managing director, provided that the applicant can establish proof of prior training in the relevant profession of at least three year's duration, as confirmed by a state-recognised certificate or recognised by a competent professional organisation Three uninterrupted years of working experience as a self-employed electrical contractor, provided that the applicant can document at least five years of working experience within the relevant profession in a non-self-employed position, or: Five uninterrupted years of working experience in a managerial position, including at least three years of working experience with technical tasks, and with responsibility for at least a department within the relevant company, provided that the applicant can document prior training within the relevant profession of at least three years' duration, as confirmed by a state-recognised certificate or recognised by a competent professional organisation

67 The Electricity Council issues authorisation: Elektricitetsrådet Gothersgade 160 DK-1123 Copenhagen K Denmark No charge is made for the issuing of authorisation. 3.3 ENGLAND The most usual forms of business entity in the UK are public and private limited liability companies, branches of foreign companies, and partnerships, but other forms exist including unlimited companies. Branches of foreign companies can be set up without difficulty and operate in the same way as a resident UK company. Companies are formed under the Companies Act, and any new company, including the UK branch of a foreign company, must register with the Registrars of Companies who issue a Certificate of Incorporation. This involves lodging documents in respect of the formation of the company or branch with the Registrar. A public company cannot commence business until the authorized minimum share capital currently 50,000 has been invested. A private company may commence business immediately after incorporation without minimum capital required. The Registrars, run by the Department of Trade and Industry or its Northern Ireland equivalent, are located in Cardiff, Edinburgh and Belfast. Partnerships are formed under the Partnership Act of 1890 and the Limited Liability Partnership Act of 2000, implemented in April All new businesses, whatever their form, must notify their formation to the local tax office, for tax and social security purposes, and, except for small or exempt businesses, they must register with the local Customs and Excise office for VAT purposes. Self-employed status is subject to recognition by the tax authorities, not by the Registrar of Companies. Single person companies are not a legally recognized form of business entity in the UK. Licenses to trade are not required in the UK except for some specific activities such as banking and insurance. Businesses are not required by law to join a chamber of commerce or trade association. Other EC nationals may enter the UK freely to work or carry on any economic activity on the same terms as UK citizens, subject only to a few exceptions and to conditions of residence comparable to those in most other Member States. Requirements for Registration as an Electrical Contractor In the UK, anyone can set up as an electrical contractor or call himself an electrical operative. A company or other form of business entity has to do no more than undergo the general registration requirements outlined in above

68 There are a substantial number of self-employed individuals working, with or without employees, in electrical contracting, and an element of electrical contracting takes place in the black economy. All contractors, including self-employed individuals, in electrical contracting, and other construction trades are required to obtain a CIS certificate issued by the tax authorities. Under this system, the certificate holder, rather than the employer who engages him, is directly responsible for payment of direct taxation and National Insurance contributions. For telecommunications there are conditions imposed upon firms connecting to the public telephone network and the regulatory body OFTEL/OFCOM deals these with. The European Telecommunications Services Association (ETSA) has developed an assessment scheme for firms operating in the Datacomms sector known as Qualif Com. This scheme is being revised under the aegis of an EOTC RAG with the intention of offering a harmonized assessment scheme to firms working in Europe. It is currently available in the UK through the ECA and is being promoted to clients as a means of establishing that firms certificated against the Qualif Com criteria are competent. Quality assurance and other registration requirements may exist in the nuclear industry, offshore work and petrochemicals. 3.4 FRANCE In order to set up a company in France, it is necessary to register at the Régistre du Commerce operated by the Commercial Court (Tribunal de Commerce) for the district where the company will have its legal address. The company also reports to the tax and social security authorities at local level. In addition, the company must register with a local Chamber of Commerce or, for companies with less than ten people, with a local Chambre des Métiers (Chamber of Trades). The procedures are said to be purely administrative and apply to all trades. Requirements for Registration as an Electrical Contractor There is an official registration requirement specific to electrical contractors: Decree No dated 2 nd April 1998: Requirement to become a registered electrical contractor. 3.5 FINLAND Electrical contracting and inspection of electrical installations are regulated in Finland with The Electrical Safety Act and by virtue of its subordinate regulations. The Electrical Safety Authority has drawn up rules, which complete the regulation. Electrical contracting is regulated in Finland purely because of electrical safety. Electrical contracting It is allowed to carry on electrical contracting in Finland, if one fulfils the following conditions according to The Electrical Safety Act: A sufficiently qualified person is appointed to direct the work (supervisor), who fulfils the qualification conditions

69 A person independently carrying out and supervising work should possess sufficient qualifications or otherwise has sufficient professional skills Premises and tools necessary for carrying out the work are used, and the provisions and regulations on electrical safety are observed and Regulations and instructions of electrical safety are used. The Electrical Safety Authority books in his register all electrical contractors, who fulfil the conditions above. Registration fee for the authority is 81 + VAT 22 % and the change of registration 49 + VAT 22 %. After registration the Authority doesn t levy annual or control taxes or fees. Regulations and standards It s possible to seek on the Internet free of charge the regulations and rules of authorities. These can be also bought from bookstores, the prices vary from 5 to 20. Standards must be paid and these can also be purchased from Sähköinfo Oy Bookstore. The Finnish electrical standards (both equipment standards and installation standards) are based on international examples. Only the standards at the most 45 kv wires are still national because these don t exist internationally. The installation standards are the same standards that The Ministry of Trade and Industry has conformed. According to these standards made installations should fulfil all essential safety demands. Other solutions are also allowed according to The New Approach of EU only if it conforms to these essential safety demands. The Finnish Electrical Standardisation Organisation SESKO ( is responsible for the preparing and developing of electrical standards and SESKO is corresponding on IEC and CENELEC. SESKO is owned by organisations of the electrical branch. SESKO co-operates with The Finnish Standardisation Organisation SFS, which is corresponding on the international level to ISO and CEN. Inspections The safety inspections of electrical installations are regulated in The Electrical Safety Act (419/96) and in the rule of commissioning and use of electrical installations (517/96). The Electrical Safety Authority has drawn up rules S3-96 and S4-04. The constructor of the electrical installations (electrical contractor) shall be responsible for the initial verifications. The electrical contractor is always responsible for making the initial verification in all self-installed objects. The electrical contractor shall record resolutions of inspection on the report and documents. These documents are signed by the electrician who is the skilled workman (expert) or the electrician who has constructed these electrical installations. Anyway the electrician must fulfil the conditions, which have been set for the skilled workman. There are in Finland both unclassified and to three categories classified electrical installations. Unclassified buildings and constructions are buildings that have two or less dwellings and insignificant changes. Other electrical installations belong to categories 1, 2 or 3 (all business-buildings, service-buildings, industrial installations, hospitals etc.) Electrical contractors shall be responsible for the initial verifications also in classified electrical installations and after that must be approved by the inspection body or another neutral third party in a certification inspection. The third neutral party mustn t inspect unclassified electrical installations

70 3.6 GERMANY Company registration is required for all businesses in Germany whatever their size or activity. A new enterprise must first report its intention to commence business to the local economic supervisory office (Wirtshafts-und Ordnungsamt) of the municipality concerned, which will issue a certificate of registration. Proof of qualifications or reliability must be shown or an examination by a Chamber of Commerce or other body must be passed. Registration is then with the Commercial Register (Handelsregister) which is maintained with the local court. The business must also be entered in the appropriate industry sector or the local Chamber of Commerce (Industrie und Handelskammer) or Chamber of Trade (Handwerkskammer) as well as registering with the local tax and social security offices. The laws requiring registration in the Commercial Register and with a Chamber are the Handelsregistergesetz and the Handwerksordnung respectively. A foreign business may register a branch in the Commercial Register at the local court, provided that it can show evidence that the business itself would qualify for registration if it were located in Germany. Requirements for Registration as an Electrical Contractor Most electrical contractors in Germany are Unlimited Businesses or Limited Partnerships. They must register in the Handwerkskammer register (Handwerksrolle) for electrical contractors. The business must be registered by an individual who has the Meister qualification, or equivalent. He must register with the Handwerkskammer and also be entered on the electricians trade roll. Individuals who do not have the Meister qualification but can prove that they have worked as a supervisor (Leiter) for six years, also have the right to be entered on the Handwerkskammer register and roll. There are 42 Handwerkskammer in West Germany in the various lander. A contractor can register with a Handwerkskammer in any town and work throughout Germany. After registration all companies must also be entered onto a list of electrical contractors held by their local VNB (Verteilungsnetzbetreiber supply undertaking). The VNB will only grant permission for the contractor to install if they have the qualifications and workshop facilities required for registration. The list is renewed every two years (the exact conditions are give in Paragraph 12, Part 2 of AVBEltV [Technical Connection Conditions]). Every intended entry to the list is notified to the District Contractor Committee made up of representatives of the VNBand contractors already listed. (see also section 14.4 INSPECTION) If a contractor wishes to work in the area of another VNB, the contractor will also register with that VNB. This is said to be a purely administrative formality, although the contractor must acquaint himself with, and observe, any special installation or other regulations in the area of the other VNB. (Although some 80% of electricity is produced by eight large utilities, more than 600 undertakings are involved in distribution). Registration gives approval for a contractor to do any type of electrical installation work with the exception of a few specialist sectors

71 Registration on the Trade Register is not required for sub-contractors engaged by a registered contractor. However, a Meister employed by the sub-contractor must be registered on the electricians roll. None of the respondents had heard of a contractor being removed from a register. It could happen, however, if the contractor committed a crime, repeatedly produced bad workmanship, got into financial difficulties or ceased to employ of Meister or equivalently qualified person. Registration is not a pre-requisite for inspection. Registration gives the contractor the right to operate. At the moment, non-german contractors must have a permanent base in Germany, although one respondent suggested that this could change after 1992 to comply with the Treaty of Rome relating to free access. A British company such as Marks and Spencer could use its own contractors in Germany for a one-off project lasting up to six weeks. If a British contract were to operate in Germany for more than six weeks, it would have to register and apply for residence permits from the local authority Ausleanderamt (Aliens Office). German public companies will often only accept bids from national companies who are sure to conform to German standards. There is some concern over British standards, not necessarily in the sense of their being lower than VDE/DIN, but because of obvious differences in voltage and reaction times. It s worth saying that I personally know English standards for the layout of installations to be more lax than German ones. I can see the Japanese succeeding here; they have excellent standards and are entering the market. This was part of wider advice to foreign companies to have permanent representation in Germany in order to submit tenders for contracts; The Americans complain that they can t get a foot in the market. The reasons they give are that the technical standards are different. There are small differences like those in voltage, but the fact is, there is no American representation here and without a presence, it is difficult to get accepted for contracts. (Chamber of Commerce) In common with the Luxembourg respondents, concern was expressed over the threat of cheap labour from Iberian countries: We are worried about the influx of electrical contractors from Spain and Portugal who demand very low wages and so deprive Germans of work

72 3.7 NORWAY To set up a company in Norway (private or public), the business must register with the Register of Business Enterprises (Brønnøysundregisteret) for a minimum capital of Foreign companies can set up branches in Norway. The company must have one electrical installation contractor employed (technical responsible) and he must be registered as living in Norway. All companies must also register with the local tax office for VAT. Requirements for registration as an electrical installation contractor In addition to the above, an electrical installation contractor with a company of any type or size must as from , be registered with the Directorate for Civil Protection and Emergency Planning (Direktoratet for samfunnssikkerhet og beredskap, DSB). The company must also have one registered electrical installation contractor who is responsible for the work done. The principal requirement for registration is the employment of individuals who have passed the electrical installation contractor exam according to Forskift om kvalifikasjoner for elektrofagfolk or Regulations governing the qualifications for skilled electro personnel. Once registered, the contractor can carry out any low voltage work except in a very few cases, such as the installation of lifts and cable TV. For these and for high voltage installations, supplementary training is needed. Registration is necessary to carry out work in all sectors of industry and covers contracts of all values. The requirements are the same for Norwegian and foreign companies. Registration applies equally to one-off contract work as to permanent businesses. Subcontractors engaged by the main contractor are also required to register. A contactor may be removed from the register if the annual fee is not paid or if the firm repeatedly carries out faulty work. 3.8 PORTUGAL To set up a business in Portugal, registration is necessary at the Registrar of Companies. A limited liability company is the form of business most often adopted by foreign investors. Publication of the articles of association in the official gazette and a daily newspaper are among the procedures required. Additional registration before the above mentioned IMOPPI is also essential. Registration is also required for a branch of a foreign company but these cannot obtain the necessary authorizations from IMOPPI and will not, therefore, work in the electrical installations market

73 3.9 SCOTLAND The most usual forms of business entity in the UK are public and private limited liability companies, branches of foreign companies, and partnerships, but other forms exist including unlimited companies. Branches of foreign companies can be set up without difficulty and operate in the same way as a resident UK company. Companies are formed under the Companies Act, and any new company, including the UK branch of a foreign company, must register with the Registrars of Companies who issue a Certificate of Incorporation. This involves lodging documents in respect of the formation of the company or branch with the Registrar. A public company cannot commence business until the authorized minimum share capital currently 50,000 has been invested. A private company may commence business immediately after incorporation without minimum capital required. The Registrars, run by the Department of Trade and Industry or its Northern Ireland equivalent, are located in Cardiff, Edinburgh and Belfast. Partnerships are formed under the Partnership Act of 1890 and there are no register requirements. All new businesses, whatever their form, must notify their formation to the local tax office, for tax and social security purposes, and, except for small or exempt businesses, they must register with the local Customs and Excise office for VAT purposes. Self-employed status is subject to recognition by the tax authorities, not by the Registrar of Companies. Single person companies are not a legally recognized form of business entity in the UK. Licenses to trade are not required in the UK except for some specific activities such as banking and insurance. Businesses are not required by law to join a chamber of commerce or trade association. Other EC nationals may enter the UK freely to work or carry on any economic activity on the same terms as UK citizens, subject only to a few exceptions and to conditions of residence comparable to those in most other Member States. Requirements for Registration as an Electrical Contractor In the UK, anyone can set up as an electrical contractor or call himself an electrical operative. A company or other form of business entity has to do no more than undergo the general registration requirements outlined in above. There are a substantial number of self-employed individuals working, with or without employees, in electrical contracting, and an element of electrical contracting takes place in the black economy. All contractors, including self-employed individuals, in electrical contracting, and other construction trades are required to obtain a 714 certificate issued by the tax authorities. Under this system, the certificate holder, rather than the employer who engages him, is directly responsible for payment of direct taxation and Nation Insurance contributions. To undertake PSN work in telecommunications, a contractor is required to have BS 5750 Quality Assurance certification. Quality assurance requirements can also exist in the nuclear industry, offshore work and petrochemicals

74 3.10 SPAIN The procedure for setting up a business in Spain is to register with the Ministry of Commerce with a regional delegation of the Ministry of Commerce and also with a regional delegation of the Ministry of the Interior. There are no restrictions on the establishment of companies from other EC countries. Requirements for Registration as an Electrical Contractor In addition to the above, an electrical contractor must register as such with the Ministry of Industry and Energy. This is a statutory requirement backed by the national law MI BT 040. The Ministry issues certificates of Authorized Electrical Installers, which allow the contractor to carry out work. To obtain the certificate, the applicant must meet the following conditions laid down by the Ministry of Industry and Energy: (d) (e) (f) Hold qualifications in the field of electrical installations Pass an examination on Spanish technical regulations before a delegation of the Ministry. Prove possession of the requisite technical equipment needed to perform electrical installations Registration, both nationally with the Company Register and regionally, does not take more than a month. Two Danish contractors registered here last year within three weeks. (Spanish Electro technical and Electronics Association) If Authorized Electrical Installers wish to carry out work in a region other than where they have registered, they must register their certificate with the Provincial Delegation of the Ministry of Industry and Energy in this other region, for a license covering the whole region or the area of a particular municipality. There are no regional variations in the registration requirements. Registration is necessary for all types of installation work and covers contracts of all values. It applies to one-off contract work as well as to permanent businesses, and it has to be reviewed annually. Registration is required of sub-contractors engaged by registered main contractors unless the latter takes responsibility for the work, an event that rarely happens. A contractor can be removed from the provincial register if its work is judged to be faulty or if an accident occurs that is the installer s fault. If a contractor no longer has any employees registered, the contractor may have its certificate of Authorized Installer taken away. Registration applies equally to non-national businesses as to Spanish contractors. However, foreign firms cannot work in Spain on a temporary basis, but need to have a Spanish address

75 3.11 SWITZERLAND The terms and conditions to be observed when opening a business in Switzerland are contained in the Swiss Code of Obligations. There is a wide range of legal forms under which a business can be established. Distinction is made between a personal company with unlimited liability of the owner(s), and a partnership company with limited liability of the owner(s). Registration with both the Federal and the Cantonal Commercial Registers (Eidgenössisches und Kantonales Handelsregisteramt) is compulsory for any business with a yearly turnover exceeding CHF Requirements for Registration as an Electrical Contractor - Most electrical contractors in Switzerland are companies with unlimited, or partnerships with limited liability of the owners. - The electrical contractor must apply for registration in the relevant register held by the Federal Inspectorate for Heavy Current Installations (Schweizerisches Starkstrominspektorat). The permit obtained from the Federal Inspectorate for Heavy Current Installations is a personal authorization, which entitles its owner to carry out electrical installations throughout Switzerland. - Registration entitles the Authorized Electrical Contractor with a Diploma, or with an equivalent qualification, to carry out any type of electrical installation work with the exception of a few specific areas. - Expulsion: Unless a contractor commits a crime, repeatedly produces bad workmanship, gets into financial difficulties, or if the company ceases to employ qualified personnel it is unlikely that a registered contractor will be expulsed from the register. - Swiss public companies often will only accept bids from Swiss based companies because they guarantee to conform to Swiss standards

76 4. Requirements relating to Electrical Contracting Personnel 4.1 BELGIUM No particular qualifications are legally required to work in electrical contracting in Belgium. However, the knowledge and experience required are specified in detail in the royal decree of 2 May 1972 establishing conditions under which electrical contractors may operate in small and medium-sized commercial firms and firms engaged in skilled trades. In practice, most employees have the following certificates: - Manager: engineer (from an engineering school or university) - Technician: technical college diploma - Operative: lower secondary school. However, employees without proper qualifications still can work as electrician when properly guided. In fact, the general rules concerning electrical installations Algemeen reglement voor de elektrische installaties (A.R.E.I.) or Règlement général des installations électriques (R.G.I.E.) ) require (in their art. 47) that persons operating an electrical installation are certified for the BA4-level (alerted persons, conscious of the danger), and those working on it for the BA5-level (competent persons, knowing how to minimize risks when working). BA5-certified employees can work under tension. BA4-certified employees, in that case, have to be assisted by a BA5-certified employee. Auto-certification (by the employer) is possible (no specific security training is proscribed), but advised against, in view of possible liabilities. In any case, a certificate must be kept in the employee s file. In some sensitive sectors, VCA-certification is required from the company (VCA indicates a checklist for safety, health and environment issues). Alternatively, Besacc-certification is possible ( Belgian safety criteria for contractors ) ( 4.2 DENMARK When establishing an SKS system, companies must determine the specific procedures and/or instructions necessary for the performance of these tasks, as well as general working procedures. The SKS system must thus ensure high-quality work in order to achieve optimum electrical safety. The authorised person, who must satisfy specific educational requirements and be principally employed by the company, possesses the overall responsibility for electrical safety, including responsibility for issuing safety instructions and supervising work carried out by the company's staff. The authorised person may delegate responsibility for instruction and supervision and thereby also a portion of the legal responsibility to one or several qualified members of

77 staff in relation to the level of complexity or type of task in question, or in relation to the organisational divisions within the company. It is the responsibility of the authorised person to ensure that such delegation is exclusively given to persons who possess a number of specific professional and personal qualifications. The company's SKS system must contain a statement by the authorised person of the reasons why responsibility should be delegated to a named person, as well as documentation of the fact that such delegation has taken place, and its extent. It must be emphasised that the authorised person cannot delegate away all responsibility, as he or she will always be responsible for ensuring that such delegation is carried out correctly. 4.3 ENGLAND No formal qualifications are required for an individual to set up or manage an electrical contracting business or to work as an operative in electrical contracting in the UK. In fact, in popular parlance, it is not uncommon for an electrician to be referred to as an engineer, whereas, formally, this should apply only to people with higher education in engineering. Engineer may also be applied to people working in the field but lacking basic formal qualifications as electrician. In the absence of formal regulations or regulatory bodies, however, a large part of the industry supports a well-established voluntary scheme of self-regulation whereby they undertake only to employ operatives who are registered and graded by the Joint Industry Boards (JIB and in Scotland the SJIB) of the Electrical Contracting Industry. Giving this undertaking is a condition of membership of the Electrical Contractors Association (ECA) and SELECT (the Electrical Contractors Association of Scotland). While there is no mechanism to ensure that non-members do follow this practice, some do so in their own self-interest. The Joint Industry Boards are bodies established for England, Wales and Northern Ireland by the ECA and AMICUS, the electricians trade union, and separately for Scotland, by SELECT. Their purpose is to set training standards and provide impartial recognition of qualified electrical operatives. The training levels recognized by the Joint Industry Boards are as follows: - Qualified electrician the standard operative. City & Guilds 2360 Parts I & II and Achievement Measurement Tests I & II. (SQA Certificate in Electrical Installation in Scotland) - Approved electrician. Open to qualified electricians who have at least two years experience or are at least 22 years old and have some experience.. They must also have demonstrated competence and obtained a suitable qualification, such as G & G 2391, in the inspection, testing and commissioning of installations. - Technician supervisory grade. Open to those who are at least 27 years old and have at least five years experience as a foreman/charge hand or approved electrician, or to approved electricians who have exceptional skill and experience In 1993 the JIB introduced a Register of Installation Electricians, open to individuals who have been graded as Approved Electricians. Over the life of the Register more than

78 76,000 people were issued with a Registration Card. The Register has now been superseded by the Electro technical Certification Scheme (ECS). The ECS offers an enhanced identification card showing the level of competence and achievement in health and safety standards for the holder. Without this card it will not be possible to gain access to the larger construction sites in the UK. JIB advice to the public and other clients of the industry is that, if dealing with firms which are not in membership of a JIB or established trade association, they should check that a valid ECS Card is held by the proprietor of the firm or the operative actually carrying out the work. Building Regulations (Electrical Installation Working Dwellings) As from the 1 st January 2005 electrical installation work carried out in dwellings in England and Wales will become subject to Part P of the Building Regulations. Part P imposes the requirement that: Reasonable provision shall be made in the design, installation, inspection and testing of electrical installations in order to protect persons from fire or injury and that: Sufficient information shall be provided so that persons wishing to operate, maintain or alter an electrical installation can do so with reasonable safety. THESE REQUIREMENTS APPLY TO ALL ELECTRICAL INSTALLATION WORK CARRIED OUT IN DWELLINGS IN ENGLAND AND WALES. FAILURE TO MEET THESE REQUIREMENTS WILL BE A CRIMINAL OFFENCE. Electrical installation work in dwellings in England and Wales will count as building work as defined in the Building Regulations 2000, and hence should be notified to a Building Control Body before the work commences, unless: 3) The proposed work is to be undertaken by a Competent Person (an individual or a company authorized to self-certify compliance on completion of the work) or 4) The proposed work is of a minor nature. The Government formally recognizes competent Person schemes as schemes whose members are adjudged sufficiently competent to self-certify that their work has been carried out in compliance with the Building Regulations. A firm wishing to join a Competent Person scheme is vetted to ensure it meets the respective scheme conditions including the relevant levels of competence. If it meets these conditions, it is classified as a Competent Person and its work is then not subject to inspection by Building Control bodies

79 4.4 FRANCE There are no mandatory educational and training qualifications needed to operate as an electrical contractor in France. However, Qualifelec (Association Technique et Professionnelle de Qualification de l Equipement Electrique), comprising representatives of the contractors associations, the supply industry, the Ministry of Industry and other stakeholders, issues qualifications which are widely used. A range of qualifications may be issued depending on the size of the firm, type of installation, quality and education of technicians. It is not mandatory to be qualified by Qualifelec. Membership has however certain advantages for the installers. Many public and private companies prefer to use contractors recognized by Qualifelec, as with these companies they will have a rebate on their insurance. Qualifelec s diplomas are based on references of three or more clients of the contractor. A new installer who cannot provide such references can apply for a provisional diploma (lasting two to three years maximum), which is based on technical qualifications. After two to three years, the contractor has to produce references, if not the provisional diploma is revoked. Most public and private companies now require a Qualifelec diploma Non-nationals can work without satisfying qualification requirements. Clients may recognize foreign educational certificates, although familiarity with French technical standards is expected. 4.5 FINLAND Manager of enterprise The managing director of electrical contractors has no conditions of competence at all. Supervisor The supervisor, who is a sufficiently qualified natural person and is appointed to direct electrical work, must be in a contractors employ because of electrical safety. The supervisor shall fulfil conditions of electrical education and working experience and he or she has taken degree in electrical safety exam. After that the supervisor can get a certificate of electrical safety, It s possible to get the electrical safety certificate in three categories S1 (all installations beside elevators), S2 (all installations not more than 1000 volts) and S3 (repair of equipments and devices). The supervisor has no conditions of language skills, but in practice it could be difficult to get accepted in the electrical safety exam if one can t speak Finnish or Swedish. A private body, which can verify competence of supervisor and permit certificate, has got the authorisation by the Ministry of Trade and Industry. There is only one this kind of body in Finland. Its name is Henkilö- ja yritysarviointi Seti Oy and it s owned by The Finnish

80 Electrical Contractors Association. The Finnish Electrical Safety Authority supervises the acting and qualification system of Seti Oy. Independent skilled worker Persons who make the essential electrical installations must fulfil certain conditions. He or she must be able to work independently. These conditions are defined in orders given by Ministry. The person, who can work alone or watch over other persons work in electrical branch, shall have sufficient electrical education and electrical working experience. It s also necessary to initiate the electrician into methods of working. From a person, who has no electrical education, are demanded not less than sex years working experience and the basic knowledge about electrical issues. Employers or supervisors check skills of employees already during recruiting. A person, for instance a trainee, who doesn t fulfil the conditions of skilled worker, can t do electrical installations without watched over by an independent skilled worker. All persons who do electrical installations must get through the course of electrical working safety according to EN The course must be renewed every five years. The courses are organised by private education companies for instance Sähköinfo Oy, owned by the Finnish Electrical Contractors Association - STUL. Overseer of electrical safety The order of Ministry demands that in every electrical working group must be an overseer of electrical safety. This persons task is to watch over electrical safety physically in workplace. He also takes part into the installations. It s also recommended that employer keeps register about personals electrical courses. Design of electrical installations The Electrical Safety Act demands that electrical equipment and electrical installations shall be designed in such a manner that according designing carried out electrical installations may not be hazardous to life, health and property. It s not allowed for an electrical contractor to carry out faulty designs. Those, who design electrical installations, don t have any demands of competence. In practice demands are same as supervisors in categories S1 or S2. Earlier the designers had same demands as supervisors but it changed in In 2004 organisations of electrical designers have founded voluntary certificate system of competence. Contact information: Ministry of Trade and Industry Aleksanterinkatu 4, Helsinki PO Box 32 FIN Government, Finland Tel: given [email protected] Safety Technology Authority (TUKES) P.O. Box 123 (Lönnrotinkatu 37) FIN Helsinki, Finland Telephone Telefax

81 Sähköinfo Oy POBox 55 FIN Espoo, Finland Telephone Telefax Henkilö- ja yritysarviointi Seti Oy POBox 55 FIN Espoo, Finland Telephone Telefax GERMANY There are specific requirements in Germany that there must be at least one Meister in a company. The Meister qualification gives automatic entry on the trade roll as a master electrician. A Handwerkskammer issues Meister certificates. Alternatively, there may be an electrical engineer instead of a Meister, or six years supervisory experience is acceptable for entry on the roll. The Meister, or equivalent, must register with the Handwerksrolle der Handwerkskammer, the trade roll at the Chamber of Trades, followed by purely administrative registration with the VNB. (A VNB will only accept an electrical contractor if enrolled with a Handwerkskammer, testifying to qualifications and workshop facilities. Most members pay a lump sum of per annum to the VNB, with large companies paying a percentage of profit. Operatives do not need to register except for specialised jobs, such as welding in power plants. Operatives will usually have some electro technical experience and training but none is formally required. For other employees, much depends on the size and outlook of the company. Management may have a University or Fachhochschule (technical college) training. Non-nationals have to prove equivalent qualifications: It s all about being a convincing organisation. For instance, we have some foreign contractors in Germany which take on a German Meister to prove technical responsibility. (Engineering Consultant) German attitudes to non-national electrical contractors are mixed: We in the profession know that non-national contractors such as United Kingdom, are as good as German contractors, but clients tend to lump all non-nationals together with Yugoslavs and Turks who are mostly manual workers and less qualified. The Germans are more conservative in their thinking it is likely that a purely foreign firm would have a hard time establishing themselves as a viable set-up for everyday installations, not for large contracts. To begin with, a United Kingdom firm would be better to have a mixture of German and English workers to smooth the way. (Engineering Consultant) There is reciprocal recognition of qualifications between France and Germany, and Austria and Germany, but the respondents knew nothing about United Kingdom qualifications. In principle, the Meister and electrical engineer can both carry out electrical designs

82 4.7 NORWAY The qualifications required by personnel in electrical contracting are as follows: - Manager: None required, providing that at least one employee is a qualified installation contractor - Technician: Qualifications according to Regulations governing the qualifications for skilled electro personnel and passed electrical installation contractor exam. - Operative: Four years as a trainee (Læring) with passed exam leads to the grade of electrician. Only the installation contractor (whether the manager or technician of a company) can register the company in order to work. Besides the above qualifications, the electrical installation contractor must be able to speak and read Norwegian. All these requirements apply equally to non-nationals as to Norwegians. As yet, there are no reciprocal arrangements for recognition of non-national qualifications. No further qualifications are needed to act as an installation designer. 4.8 PORTUGAL The project of electrical installations requires an electrical engineering diploma. Personnel responsible for the construction of electrical installations should be engineers of the specialty of electricity and technical engineers of the same specialty. The electricians with adequate studies and, at least, two years of experience and electricians with professional titles given before 1981 can also be responsible. 4.9 SCOTLAND No formal qualifications are required for an individual to set up or manage an electrical contracting business or to work as an operative in electrical contracting in the UK. In fact, in popular parlance, it is not uncommon for an electrician to be referred to as an engineer, whereas, formally, this should apply only to people with higher education in engineering. Engineer may also be applied to people working in the field but lacking basic formal qualifications as electrician. In the absence of formal regulations or regulatory bodies, however, a large part of the industry supports a well-established voluntary scheme of self-regulation whereby they undertake only to employ operatives who are registered and graded by the Joint Industry Boards (JIB and in Scotland the SJIB) of the Electrical Contracting Industry. Giving this undertaking is a condition of membership of the Electrical Contractors Association (ECA) and SELECT (the Electrical Contractors Association of Scotland). While there is no mechanism to ensure that non-members do follow this practice, some do so in their own self-interest. The Joint Industry Boards are bodies established for England, Wales and Northern Ireland but he ECA and AMICUS, the electricians trade union, and separately for Scotland, by

83 SELECT. Their purpose is to set training standards and provide impartial recognition of qualified electrical operatives. The training levels recognized by the Joint Industry Boards are as follows: - Qualified electrician the standard operative. City & Guilds 236 Parts I & II and Achievement Measurement Tests I & II. (SQA Certificate in Electrical Installation in Scotland) - Approved electrician. Open to qualified electricians who have at least two years experience or are at least 22 years old and have some experience. Subject to taking a written test on BS Technician supervisory grade. Open to those who are at least 27 years old and have at least five years experience as a foreman/charge hand or approved electrician, or to approved electricians who have exceptional skill and experience JIB/SJIB advice to the public and other clients of the industry is that, if dealing with firms which are not in membership of a JIB or established trade association, they should check that a JIB Registration Card is held by the proprietor of the firm or the operative actually carrying out the work SPAIN To carry out work, an electrical contractor must have at least one person in possession of the certificate of Authorized Electrical Installer. An individual under the supervision of an Authorized Electrical Installer may perform the following installations: (j) Small extensions or modifications to exiting installations that do not substantially affect the installation, as well as repairs to the above due to wear and tear. (k) All dwelling installations whatever their size (l) Installations in buildings principally designed for dwelling purposes and in commercial or office buildings where the maximum power required for these building is not more that 40kW. (m) Installations in factories and workshops where the supply will not exceed 20kW (n) Installations in public meeting places where the power required is more than 10kW (o) Installations where humid, wet or powdery conditions exist, or there is a corrosion risk, and where the power supply does not exceed 10kW. (p) Installations in temporary open or covered sites where the installed power is 10kW, or 50kW if it is for construction purposes (q) Private networks, fed from transformers or generators, with a power not exceeding 50kW (r) Public lighting networks with a power requirement of less than 20kW The voltage rating all the above in relation to earthing should not exceed 250 volts

84 To obtain the certificate of Authorized Electrical Installer, the regulations MI BT 040 states that the individual must; Be in possession, at the very least, of a title or certificate of studies at official industry level, or the equivalent in the branch of electrical installer The Ministry of Education and Science issues the above qualifications. Apart from qualifications, a minimum of technical equipment is required to operate as an electrical installer. These include: - Insulation detector, to conform to standards of MI BT Earth detector - Current detector able to measure the following: AC and DC current Strength Resistance - Leak detector - Tension detector All tools and auxiliary equipment must conform to the standards laid down by the safety authorities. Non-nationals must satisfy the qualification requirement and therefore the registration requirements, to work in Spain. There are full arrangements for the recognition of foreign diplomas in Spain. The documents required are as follows: Certificate of nationality Original of the qualification whose accreditation is requested Academic certification of the above qualification Details of courses taken showing content and depth All documents granted by foreign authorities must be endorsed by the relevant diplomatic authorities and, if necessary, be accompanied by an official Spanish translation. Applications for the recognition of qualifications should be presented to one of the following: General Registry of the Ministry of Education and Science Civil Governors Post Offices Spanish diplomatic or consular representatives abroad

85 4.11 SWITZERLAND Operational organization 1. One full-time professional expert with a Master's Degree or an equivalent qualification, may supervise no more than twenty collaborators such as electrical surveyors (Elektro-Kontrolleure), chief electricians (Chefmonteure), electricians (Elektromonteure), fitting electricians (Montage-Elektriker), apprentices or assistants. 2. This requirement applies to independently operating subsidiaries as well. 3. The realization of Electrical installations may only be assigned to employees with one of the following qualifications: a) Federal Certificate (Fähigkeitszeugnis) as an Electrician (Elektromonteur) or an equivalent qualification; whereby the equivalency of the qualification has to be confirmed by the Federal Inspectorate for Heavy Current Installations. The latter will confirm the equivalency of qualification after having consulted with the Federal Office for Professional Education and Technology. b) Federal Certificate as a Fitting electrician (Montage-Elektriker) 4. Electrical installations may exclusively be put into operation under the supervision of an individual with professional expertise (fachkundige Person) or a person as described in paragraph 3, letter b) above. 5. Apprentices or assistants may only carry out electrical installation, under the condition that they are guided and supervised by an individual with professional expertise (fachkundige Person) as described in paragraph 3 above. 6. Individuals with professional expertise and other individuals as described in paragraph 3 above may supervise no more than five apprentices or assistants. 7. The supervising expert ensures that the installation work is checked regularly

86 5. Technical Standards and Standardisation Schemes 5.1 BELGIUM The general rules concerning electrical installations are described in the Algemeen reglement voor de elektrische installaties (A.R.E.I.) or Règlement général des installations électriques (R.G.I.E.). 5.2 DENMARK The Danish regulations relating to electrical installations are published by the Electricity Council under the title Stærkstrømsbekendtgørelsen (High Voltage Executive Order) chapter 6, ELECTRICAL INSTALLATIONS. The regulations laid down in parts 1 to 7 of this executive order are based on international standards, mainly deriving from publications in the IEC 364 series and harmonisation documents in the CENELEC HD 384 series. In addition, the executive order also contains some specifically Danish additions, alterations and explanations. There are also a number of additional provisions from the local electricity supply company, which primarily deal with branch circuit connections and how these are to be linked to the national grid, as well as matters relating to meters. 5.3 ENGLAND Electrical installation work, unlike building work, is not subject to specific statutory regulation in the UK other than in Scotland. The basic position is that a British Standard, BS7671 Requirements for Electrical Installations, sets voluntary standards to which ECA members operate systems of self-certification. These regulations are commonly known as the Wiring Regulations. In Scotland, BS7671 is referred to in the Building Standards (Scotland) Regulations. SELECT members work to BS7671 voluntary standards in any case. There are moves to introduce electrical safety in the Building Regulations for England, Wales and Northern Ireland covering domestic installations. If this comes about, firms wishing to self-certify compliance will have to demonstrate that they meet the competence requirements set out in supporting legislation. The UK electricity supply industry is required to work to The Electricity Supply Continuity and Quality Regulations 2002 but, as far as installations involving the provision of an electricity supply by a supplier are concerned, compliance with BS7671 is accepted under these Regulations. Outside the mainstream of electrical installations, there is a widening range of systems work not covered by the IEE or other technical standards, and self-regulation to voluntary standards or codes of practice remains the key to sustaining standards in those areas. This also applies, of course, to the 60 to 70% of work that is accounted for by the repair, maintenance and adaptation of existing installations

87 5.4 FRANCE In France, there are statutory regulations concerning electrical installations that are primarily Safety Regulations. All regulations for electrical safety refer back to the decree of 14 November 1988, which relates to the protection of workers in buildings. It is divided into two sections. - Part one to five concern conditions of workers. - Part six concerns installation regulations, including verification regulations. These decrees do not cover mining, quarrying, road, air or sea transport, or electrical distribution where other specific regulations apply. The Safety regulations are contained in the Journal Officiel de La République Française. Separate regulations exist for: a) Dwellings b) Industrial/Commercial/Public Places (Etablissement Recevant du Public ERPs) Regulations are much stricter for the latter category of building and within that group; there is a whole range of grades of regulations that depend on the type of building, activity and level of risk. Various Ministries, as listed below together with the main documents involved, issue the safety regulations: Ministry of Construction: Regulates electrical safety for new buildings, mostly dwellings. Statutory regulations; decree of and arête of Ministry of Industry: Regulates the erection of networks for the distribution of electricity. (Rules: decree of 17 th May 2001). Ministry of the Interior: Safety regulations (decree of ) for fire risk in the ERPs. In rooms containing over 50 people, two electricity circuits are needed, and various other electrical installations including high buildings (Rules: 25 th June 1980). Ministry of Labour: Concerned with the safety of electricians working on or near an electrical installation (decree of ). Ministry of the Environment: Particular rules for the protection of the environment against such risks as explosion and pollution, e.g. risks relating to the use of PCBs in transformers; classifies establishments and asks for specific measures in order to protect people living in the neighborhood. These Safety regulations are closely associated with technical standards (Norms) published by the Union Technique des Electriciens (UTE) which include a set of standards relating to low voltage (NFC ) and high voltage (NFC and ). It is necessary to distinguish the Health and Safety regulations, always mandatory from the technical standards that are used on a voluntary basis, except when specified in

88 regulations concerning particular standards i.e. if they form part of a ministerial décret or arrêté outlined above. 5.5 FINLAND Materials and components, which are used in electrical installations, must fulfil demands of European standards. If there are no European standard must materials and components fulfil the demands of national standard. If there are no national standard must manufacturer or importer point out that the materials and components fulfil the essential safety demands. The Finnish electrical contractors have representatives in all crucial national committees of SESKO, where are dealt with issues that are important for electrical contractors, for instance committees SK64 (low voltage installations), SK99 (high voltage installations) and SK 17D (distribution boards). The participation to standardisation committees is liable to charges. That s why generally the representatives of electrical contractors in committees are the technical experts of STUL. STULs board strengthens the representatives of committees. The biggest contractors have their own representatives in standardisation committees. The charge of committees for SESKO is VAT 22 %. Contact information: Finnish Standards Association SFS POBox 116 FIN Helsinki, Finland Telephone given [email protected] The Finnish Electrical Standardisation Organisation SESKO Lauttasaarentie 3 FIN Helsinki, Finland Telephone given [email protected] The Finnish Electrical Contractors Association STUL POBox 55 FIN Espoo, Finland Telephone Telefax given [email protected]

89 5.6 GERMANY The regulations of the VERBAND DER ELEKTROTECHNIK ELEKTRONIK INFORMATIONSTECHNIK (VDE) - Association of German Electrical Engineers and the Deutsche Institut Fur Normung (DIN) standards apply both to products and installations. They are not statutory except in special circumstances such as for military and hospital buildings. The Energiewirtschaftsgezetz (the law applying to electricity distribution) states that: Electrical installations must be carried out to a given standard but the standards themselves have been worked out on a voluntary basis. The contract sets out the prescribed terms. Usually, standards to be adhered to during installation work are agreed beforehand by client and contractor. The client would normally insist on VDE standards as would the EVU. In the case of injury, an electrical contractor has to prove that his installation methods fall within VDE standards. There are additional legal requirements laid down by the VDE/DIN, called the AVBEltV (General Conditions for the Supply of Electricity to Tariff Customers). Further requirements maybe stipulated by the Association of Insurers for Fire Protection. Insurance companies demand VDE standards. VDE/DIN apply generally across the market although special standards exist notably for the chemical industry, motor industry, oil refineries, hospitals and schools, and the PTT/ VDE/DIN apply to the whole of Germany. The only variations between regions (Landers) are small ones concerning earthing of conductors. 5.7 NORWAY The official title of Norwegian electrical installation regulations is Forskrifter om elektriske lavspenningsinstallasjoner or Regulations governing electrical low voltage installations., NEK 400 a Norwegian standard, which is related directly to CENELEC norms. These are statutory (under the Supervision of the electricity installations Act ) and are issued by the Directorate for Civil Protection and Emergency Planning, under the authority of the Ministry of Justice (from 1. July 2003). The regulations are the same for all market sectors except military and railway installations where high voltage is concerned. The regulations apply only on land; oilrigs have their own regulations. Where the voltage is less than 50V (e.g. telecommunications), the Heavy Current Regulations do not apply. Regulations are national, apart from occasional local regulations on earthing. The electricity meter is supplied and owned by the grid owner but the contractor, along with the main panel, installs it

90 Before connecting an installation to the network, the local El-safety Authority satisfies itself that The Directorate for Civil Protection and Emergency Planning regulations have been followed and that the electrical installation contractors are qualified. The circuit may be tested to check earthing and resistance. However, many contractors are given a license by the local El-safety Authority (Det lokale eltilsyn) to connect the installations to the network themselves. A contractor can be obliged to change completed installation work in cases where The Directorate for Civil Protection and Emergency Planning regulations have not been complied with. Connection to the network may also be refused if there is poor workmanship, especially when there are problems with the network panel in large installations. In exceptional circumstances, the Electricity Council can take the contractor to court and have its license to operate revoked. 5.8 PORTUGAL The official regulations that have to be met regarding electrical installations are issued by the DGE-Direcção Geral de Energia and are statutory. There are national regulations and there are no regional variations. These are the main applicable regulations: Decree-Law nº 740/74, of the 26 th December Decree-Law nº , of the 30 th July 1936, modified by: - Decree-Law nº 40722, of the 2 nd of August 1956; - Decree-Law nº , of the 19 th November 1960; - Decree-Law nº 446/76, of the 5 th of June; - Decree-Law nº 517/80, of the 31 st October; - Decree-Law nº 131/87, of the 17 th of March; - Decree-Law nº 4/93, of the 8 th of January. Decree-Law nº 740/74, of the 26 th regulations. December, will soon be replaced by new technical 5.9 SCOTLAND Electrical installation work, unlike building work, is not subject to specific statutory regulation in the UK other than in Scotland. The basic position is that a British Standard, BS7671 Requirements for Electrical Installations, sets voluntary standards to which ECA members operate systems of self-certification. These regulations are commonly known as the Wiring Regulations. In Scotland, BS7671 is referred to in the Building Standards (Scotland) Regulations. SELECT members work to BS7671 voluntary standards in any case. The UK electricity supply industry is required to work to The Electricity Supply Continuity and Quality Regulations 2002 but, as far as installations involving the provision of an electricity supply by a supply authority are concerned, compliance with BS7671 is accepted under these Regulations. Outside the mainstream of electrical installations, there is a widening range of systems work not covered by the IEE or other technical standards, and self-regulation to voluntary

91 standards or codes of practice remains the key to sustaining standards in those areas. This also applies, of course, to the 60 to 70% of work that is accounted for by the repair, maintenance and adaptation of existing installations SPAIN The Spanish regulations regarding low voltage electrical installations are the Reglamento Electrotecnico Para Baja Tension (REBT). They are statutory regulations according to the decree of 2413/1973 and subsequent amendments, and are issued by the Ministry of Industry and Energy. These regulations are covered by the standard MU BT 041 which stipulates different regulations for industry areas depending on the degree of risk involved, the voltage, and whether or not the installations are in wet or high risk areas. Details are given in the Regulation s manual. The regulations are national, although their interpretation can vary between different regional electricity supply companies SWITZERLAND The regulations of the Association for Electrical Energy and Information Technology ('electrosuisse' - Schweizerischer Elektrotechnischer Verein/SEV) apply to both, products as well as installations. Standards to be adhered to during the installation are generally agreed on between the client and the contractor before the beginning of the work. In the event of an injury, the electrical contractor has to prove that his installation methods conform to SEV standards. There are additional legal requirements laid down by the SEV, and further requirements may yet be stipulated by the Association of Insurers for Fire Protection. Insurance companies apply SEV standards. In general, SEV standards apply throughout the territory of Switzerland, whereby minor regional differences with regard to measuring and tariff may exist. Special standards may be applicable for other industrial sectors, notably for the chemical industry, motor industry, oil refineries, hospitals, schools, and the PTT

92 6. Inspection of Installations 6.1 BELGIUM Every new low-voltage installation, whoever has installed it, has to undergo a conformity assessment before it can be put in use (art. 270 AREI-RGIE). If the installation does not meet the AREI-RGIE requirements, connection to the electricity grid can be refused. This assessment is also necessary after every significant extension or alteration of an existing installation, or after any reinforcement of the connection. After a certain period, control visits are necessary, to verify whether the AREI-RGIE is still observed. Residential installations have to be controlled every 25 years, fairground attractions every 13 months, and all other installations every 5 years (art. 271 AREI-RGIE). The Ministry of Trade and Industry regulates the safety of electrical installations and appoints the independent control agencies on the basis of the criteria defined in the royal decree of 10 August The agency is freely chosen and paid for by the individual client. 6.2 DENMARK In Denmark, 10% of the installations large enough to require notification to the local electricity supply company are encompassed by a "10% inspection scheme". The 10% scheme is administered by the Electricity Council. On the basis of reporting by local companies to the Electricity Council, 10% of new or significantly altered installations are selected for inspection. Such inspections are carried out either by the Electricity Council itself, or by consortia to whom the Electricity Council has transferred the task within specific geographical areas of Denmark. Persons carrying out inspections for the Electricity Council must satisfy a number of requirements, which primarily relate to their professional competence and qualifications. The persons concerned must be qualified electrical contractors, and at least 40% of their working hours must be devoted to the inspection of electrical installations. Apart from this, no other official inspections of electrical installations are carried out. The responsibility for ensuring that installation work is carried out in accordance with the relevant regulations rests exclusively with the authorised electrical contractor, for which reason companies providing consultancy and planning services in the area of electrical installations are not subject to specific requirements for authorisation or special certification

93 6.3 ENGLAND Although the electricity supply authorities have a right to inspect installations, which entail a new connection to the public supply, the vast majority of installations are left to selfcertification by the installer, who verifies that the installation complies with the IEE Wiring Regulations. The capacity of firms in membership of the ECA and SELECT to undertake selfcertification is accepted by suppliers. Firms, or individuals not covered by membership of the associations can have their installations verified by firms that are members. Another option is for firms to become enrolled with the consumer protection body, the National Inspection Council for Electrical Installation and Contracting (NICEIC). A small sample of an enrolled firm s work is inspected annually by an NICEIC inspector. The supply authorities also accept self-certification by contractors on the NICEIC roll. In Scotland, although technical regulations are statutory, much of the verification of compliance with them is a matter of self-certifications by the contractor rather than by direct inspection by local authorities. These various arrangements are concerned principally with technical performance aspects of installations. In addition, under health and safety legislation, installations are also open to inspection either by Health and Safety Executive, or by local authorities, according to the type of premises involved. 6.4 FRANCE Industrial/Commercial/ERPS All industrial, Commercial and ERP installations are inspected whether they are new or refurbished installations (decree of ). The contractor must sign an attestation de conformité - a certificate of approval - (decree of and arête of ) and ask for a control report from one of the organizations of engineering experts authorized by the Ministry of Labour, or, in the case of ERPs, by the Ministry of the Interior. These specialist inspection organizations include APPAVE, SOCOTEC, CEP... With both these documents, the contractor must seek approval from Consuel (Comité National pour la Sécurité des Usagers de l Electricité National Committee for the Safety of Electricity Users) before connection to the power supply network. This initial inspection is followed by an annual inspection, usually by a technician, employed by the client organization, who has special knowledge in the field of electrical safety. Additionally, a Labour Inspector can, at any time, verify safety regulations through one of the organizations authorized by the Ministry of Labour. Some safety regulations are thus retroactive, highlighting the importance given to safety at work in France. Dwellings Only Consuel inspects new dwellings whose actions are controlled by an inter-ministerial commission, comprising the Ministries of Construction, Interior, Labour and Agriculture

94 Verifications by Consuel are not systematic except for installations made by new contractors on the market or by private individuals. With well-known contractors, inspections are carried out about once in every ten installations. Inspection procedures are the same throughout France. Inspection procedures have been extended to the total refurbishment of the electrical installations. For industrial and commercial installations, costs for inspection vary from per day. The owner of the building pays for the inspection. The more complex the installation, the more bureaucratic and costly the procedure becomes. For dwellings, the contractor pays for inspection, which is the cost of the forms to be sent to Consuel. Consuel is a nonprofit making organisation. It is not necessary to join an organisation such as a trade association in order to have work inspected. If installations are found to be unsatisfactory, Consuel can legally require modifications to be made before connection. Inspection of Installation Designs Design of installations does not have to be approved, but this approval is advisable, especially for large installations and ERPs. The Works Manager or Head of the establishment may submit designs to the inspecting organisations. Inspectors are independent operators, authorized by the Ministries of Labour and the Interior. Any changes are therefore made at the planning stage which is time saving. The Inspectorates know all the latest changes in legislation and so can be very helpful. 6.5 FINLAND Inspections There are in Finland both unclassified and to three categories classified electrical installations. Unclassified buildings and constructions are buildings, which have two or less dwellings and insignificant changes in installations. Other electrical installations belong to categories 1, 2 or 3 (all business-buildings, service-buildings, industrial installations, hospitals etc.) The constructor of the electrical installations (electrical contractor) shall be responsible for the initial verifications. The electrical contractor is always responsible for making the initial verification in all self-installed objects. The electrical contractor shall record resolutions of inspection on the report and documents. These documents are signed by the electrician who is the skilled workman (expert) or the electrician who has constructed these electrical installations. Anyway the electrician must fulfil the conditions that have been set for the independent skilled worker. Electrical contractors shall be responsible for the initial verifications also in classified electrical installations and after that the private neutral third party in a certification inspection must approve installations. Unclassified electrical installations don t need to be inspected by the third neutral party. There are in Finland 100 authorised inspector and two

95 authorized inspection bodies. The Safety Authorities don t inspect any objects but the Electrical Safety Authority watches over the inspection acting and all actors, also electrical contractors. All installations of buildings except dwellings must inspect periodically every 5 years (in class 3) or every 10 years (in class 2) or every 15 years (in class 1). Periodical inspections may be done by authorized inspection bodies and authorized inspectors. Announcement The electrical contractors or the authorized inspector of electrical installations must announce all new electrical installations in the buildings to the power companies or to the Electrical Safety Authority (TUKES). The inspection bodies must announce also all certification inspections to the power companies or Authority (TUKES). All announcements can be left after the certification inspection. There are no terms for announcements. Before beginning of electrical installations there are no announcements to the authorities. Role of power companies Neither power companies nor authorities inspect the electrical installations in Finland but power companies concentrate to produce and sell electricity and authorities concentrate to supervise. Power companies have no right to cut the currency from dwellings or buildings, but they shall be obliged to ask help from the Electrical Safety Authority. The authority can always deny the use of hazardous part of electrical installation and demand it to be cut from electrical net. The inspection bodies have also right to give a request that one can t use hazardous part of installation. They can also request to cut the hazardous part of installation from the electrical net. The inspection bodies must announce such an incident immediately to the authority. 6.6 GERMANY Verification of compliance with technical standards is largely on the basis of selfcertification by qualified contractors. Before connection to the mains is made, the contractor send a Meldung (report) to the VNB informing them that the work has been completed to VDE/DIN standards under the supervision of a master electrician. The connection is made by the VNB or by an electrical contractor acting as its agent. The local VNB has a right to inspect before and after completion but this depends on policy, staff and time available. For example, the frequency of inspections varies between ten to twenty percent among domestic installations, and, while a VNB has a right to inspect commercial installations, it rarely does so. Standards are voluntarily adhered to, with both customer and contractor demanding these standards (ZVEH the electrical contractors association) We only inspect our own clients, otherwise we could annoy those experts whose profession it is to inspect electrical installations. (RWE)

96 It is, however, necessary to have joined a Handwerkskammer to be entitled to self-certify or seek third party inspection. A contractor doing work for the first time would very likely be inspected by the local VNB to ensure the future standard of the work. If the installation work does not adhere to VDE/DIN or AVBEltV, the VNB can oblige the contractor to change the installation. If the client is not satisfied with the work, he can ask the VNB or a consultant to inspect the installation but has to pay for it. If defects arise, it is the contractor that is punishable under civil or criminal law depending on the seriousness of the offence. These arrangements for verification reflect the close consultation, which has been established between the electricity supply, and electrical contracting industries, ensuring that standards remain high and that inspection is rarely necessary. The ZVEH (representing the contractors) and the Vereinigung Deutscher Elektrizitaetswerke (VDEW an association comprising over 500 mostly municipal electricity distributors) have worked out principles (Grundsatze) for cooperation between themselves and the Deutsche Verbundgesellschaft (DVG the association of the eight major generation and transmission companies). The objective of the principles is to promote safety in the use of electricity. This cooperation is organised through a three-tier structure of Contractor Committees district, regional (lander) and federal. For example, a District Contractor Committee, will comprise representatives of the VNB (20%) and registered contractors (80%) working under the VNB s supervision to promote cooperation and the exchange of experience between VNB s and the electrical contractors. This leads to agreement, at national level, of the purpose of maintaining lists of registered contractors, and of the tasks, rights and obligations of electrical contractors and the supply undertakings. On being listed with a VNB, the contractor undertakes to observe the principles, which have been established through this mechanism. 6.7 NORWAY Verification of compliance with The Directorate for Civil Protection and Emergency Planning regulations is either by self-certification (a contactor must keep records of checks made of installation work) or by the local El-safety Authority (Det lokale eltilsyn) on behalf of the Directorate for Civil Protection and Emergency Planning. The Supply Authority inspects only private and local authority installation work. This takes the form of random inspection of low voltage work covering about ten percent of installations; all high voltage work is inspected. Verification of public installation work is usually by self-certification although the Directorate for Civil Protection and Emergency Planning is sometimes invited to inspect. Inspection of any installation by a consultant employed by the client is also possible. New connections and refurbishments are subject to inspection, but maintenance work is not. Telecommunications have their own regulations and inspections, while other installations below 50V, e.g. security and control systems, have no regulations and are not subject to inspections. The local El-safety Authorities (Det lokale eltilsyn) on behalf of the Directorate for Civil Protection and Emergency Planning have a statutory right to inspect. Inspection

97 procedures are the same throughout Norway and take place after the work is completed for low voltage work and at any time for all other work. Inspection is more thorough and regular for dangerous installations like oilrigs and wherever there is an above average possibility of a short circuit or fire. If a contractor carries out a faulty installation, he will thereafter be inspected more often. The local El-safety Authority (Det lokale eltilsyn) does not charge for inspection and it is not necessary to be a member of an organisation to have work inspected. Inspection of installation designs The local Supply Authority requires inspection of the design of installations. Drawings should be submitted before work begins. Approval is statutory and the authority can require designs to be changed. 6.8 PORTUGAL Approval of Installation Designs When related to situations that depend on City Hall approval, designs must be presented to the local municipality. After the electrical supplier (EDP) certifies that the installation in project can be supplied, designs of privative installations must also be presented to CERTIEL if the installation has power superior to 50kVA. Inspection of Installations Inspection takes place after completion of work and prior to connection. CERTIEL is responsible for inspection, which is statutory. However, not all installations are inspected. Much depends on the size and importance of installation, the reputation of the technician that installed it and several other factors. There is a computer program conceived for the special purpose of selecting the installations that are going to be inspected. New installations are usually inspected. Buildings are usually inspected, but not every apartment. If the building is selected to be inspected, common installation and the column are always seen. The inspection procedure demands, among others, the testing of the circuits. The contractor pays for the certification of the installation even if inspection does not take place. 6.9 SCOTLAND Inspection of Installations Although the electricity supply authorities have a right to inspect installations, which entail a new connection to the public supply, the vast majority of installations are left to selfcertification by the installer, who verifies that the installation complies with the IEE Wiring Regulations

98 The capacity of firms in membership of the ECA and SELECT to undertake selfcertification is accepted by the supply authorities. Firms, or individuals not covered by membership of the associations can have their installations verified by firms, which are members. Another option is for firms to become enrolled with the consumer protection body, the National Inspection Council for Electrical Installation Contracting (NICEIC). An NICEIC inspector inspects a small sample of an enrolled firm s work annually. The supply authorities also accept self-certification by contractors on the NICEIC roll. In Scotland, although technical regulations are statutory, much of the verification of compliance with them is a matter of self-certifications by the contractor rather than by direct inspection by local authorities. The position in Scotland will change from 1 May 2005 when a new Building Standards regime will be introduced. The new arrangements will provide increased status to contractors who are registered by SELECT to be able to certify all their work. These various arrangements are concerned principally with technical performance aspects of installations. In addition, under health and safety legislation, installations are also open to inspection either by Health and Safety Executive, operating under the aegis of the Department of Employment, or by local authorities, according to the type of premises involved. Inspection of Installation Designs There are no statutory requirements that designs should be subject to inspection or that particular technical qualifications should be held by individuals undertaking design work SPAIN The Electricity Supply Authorities install and connect electricity meters in Spain, the contractor is responsible for the Consumer installation and its connection to the meter. Installations that require approval prior to connection under MI BT 041 include: New industries or establishments that by virtue of the existing legislation, require prior approval Areas where the public is admitted, except commercial establishments where the power is less than 50kW Buildings where there is a risk of fire or explosion risk and buildings where there is a wet area. Installations where there is joint low and high voltage Electrical lifts and transport machinery. Installations that use special voltages Those installations that use earthing conductors above 250 volts Water heaters where these form part of the electrical circuit. Heaters where the element is exposed in the water. Heating conductors

99 Generators and converters with a power above 10kW Electric fences and supply systems Public distribution networks run privately or collectively, and public lighting systems in urban zones, parks, gardens and public footpaths Private networks Buildings, mainly for domestic use, where the installed power is equal to or greater than 100kW as calculated in the Instruction MI BT 010 Any installations not included in the above which may be determined by the Ministry of Industry Extensions and modifications of major importance, that is, any alterations that increase the power supply by more than 50 percent, are considered as new installations. Inspection is by the local electricity supplier under the authority of the Provincial Delegation of the Ministry of Industry and Energy. These organizations decide what changes are needed to installations if they are found to be defective or not up to MI MT 041 standards. Inspections do not vary from region to region and are statutory throughout Spain under the standard MU BT 041. Inspection charges are included in the connection costs. Self-certification by approved contractors belonging to either of the electrical contractors associations FENIE and AEE, is considered adequate for smaller installations. Membership of these organizations is not necessary for work to be inspected although the respondents suggested that it would be advisable for a contractor to belong to FENIE. Membership requirements are the same as for registration with the Ministry of Industry and Energy. For those installations that do not require prior approval, the authorized installers must, once the work is completed, fill in a form that is obtainable from the Provincial Delegation of the Ministry of Industry and Energy. The completed form should describe the principal characteristics of the installation, the installed power, the maximum potential power, as well as a declaration the installation has been performed in accordance with the Electro technical Regulations for low voltage supply and the standards required by the electricity company supplying the power. The original of the form remains with the Delegation, and a copy is given to the electricity supply company when the contractor requests connection of the installation. This procedure is purely in order that the supply company can accommodate new installations into its distribution network. Inspection of Installation Designs When applying for approval of installations, the contractor must give details of the site of the proposed installation, its principal characteristics, and for what purpose it will be used. The request for approval to install should be drawn up by an approved technician, who must justify the types of the conductors to be used, the protection apparatus, the equipment to be installed, as well as the safety measures to be employed and all other details pertinent to the size and type of the installation. The plans submitted must give a clear picture of how the installation will be carried out

100 The Provincial Delegations of the Ministry of Industry and Energy give their approval or disapproval of the designs within 15 working days of receipt of details of the project. Contractors may be obliged to change designs at the request of the Delegation SWITZERLAND Before connection to the mains is carried out, the contractor sends a 'Completion Report' to the Network Operating Authority informing them that the work has been completed according to the Ordinance about Electrical Low Voltage Installation Norm under the supervision of a Master Electrician. The connection to the mains itself is carried out by the Network Operating Authority or by an electrical contractor acting as its agent. Before commissioning parts or the whole installation, a primary check has to be done according to the Low Voltage Installations Norm (NIN) Before handing over the installation to the owner, an approved Electrical Contractor with Diploma or an Electrical Security Consultant with Federal Certificate has to carry out a final check and the results of the control must be recorded in a Security Certificate. The local Network Operating Authority has the right to inspect before and after completion but this depends on policy, staff and time available. For example, the frequency of inspections varies between ten and twenty percent. It is compulsory to be registered by the Federal Inspectorate for Heavy Current Installations in order to be entitled to self-certify or to seek third party inspection. A contractor doing work for the first time would be very likely to be inspected by the local Network Operating Authority to ensure the future standard of the work. If the installation work does not adhere to the NIN, the Network Operating Authority can oblige the contractor to change the installation. If the client is not satisfied with the work, he can ask the Network Operating Authority or a consultant to inspect the installation but has to pay for it. If miss functions are discovered, the contractor is punishable under civil or criminal law, depending on the seriousness of the offence. There are 4 control periods for periodic inspections to be carried through after 1, 5, 10, and 20 years. The control period for domestic installations is 20 years

101 7. Health and Safety 7.1 BELGIUM No information received. 7.2 DENMARK Materials for use in electrical installations The provisions of Lavspændingsdirektivet, the Low Voltage Executive Order, cover materials for use in electrical installations. Materials encompassed by the Low Voltage Executive Order must satisfy the safety requirements specified by this executive order. These might, for example, require that the materials comply with the relevant European standards, harmonisation documents (EN or HD), international standards (IEC), or national standards. Materials not covered by the Low Voltage Executive Order must comply with the materials chapter of the High Voltage Executive Order, or the relevant standards. If no useable standards exist, the materials may be selected by arrangement between the installer and the user/planner. The work of standardisation in Denmark is carried out by: Dansk Standard Kollegievej 6 DK-2920 Charlottenlund Denmark The ELFO is represented on the relevant Danish standardisation committees. 7.3 ENGLAND Electrical installations have not been subject to specific health and safety legislation but to general legislation known as the Health and Safety at Work etc. Act of In 1989, the Electricity at Work Regulations 1989 were introduced. These acknowledge that many aspects of their requirements are likely to be met through compliance with the IEE Wiring Regulations but they do not make the Wiring Regulations statutory. Inspection of Installation Designs There are no statutory requirements that designs should be subject to inspection or that particular technical qualifications should be held by individuals undertaking design work

102 7.4 FRANCE The statutory regulations concerning electrical installations are primarily Health and Safety regulations, which are closely linked to technical standards. (See section 7.4 INSPECTION) 7.5 FINLAND No information received. 7.6 GERMANY The statutory Health and Safety regulation in West Germany are the Arbeitstatten Richtlinien. There are additional regulations specific to mining, oil refining and the chemical industry, but there are no specific health and safety regulations regarding electrical installations. Health and Safety legislation forms part of the technical regulations VDE/DIN and technical connection conditions AVBEltV. The title of the legislation that refers to health and safety is Unfallverschutzung-vorschrift (Accident Prevention Regulations) set down by the Berufsgenossenschaft der Feinmechanik and Elektrotechnik. 7.7 NORWAY The Norwegian Health and Safety regulations are based on The Working Environment Act. Systematic Health, Environmental and Safety Activities in Enterprises; Internal Control Regulations require enterprises to have written objectives in relation to health, environment and safety activities. Roles and responsibilities pertaining to health and safety issues must be clarified. Risk analysis and assessment must be carried out, and plans of action must be made and carried out according to the assessments. 7.8 PORTUGAL No information received. 7.9 SCOTLAND Electrical installations have not been subject to specific health and safety legislation but to general legislation known as the Health and Safety at Work etc. Act of In 1989, Electricity at Work Regulations 1989 were introduced. These acknowledge that many aspects of their requirements are likely to be met through compliance with the IEE Wiring Regulations but they do not make the Wiring Regulations statutory

103 7.10 SPAIN The statutory Health and Safety regulations in Spain are the Notas Técnicas de Prevención. These apply nationally across all industry sectors and refer to the technical regulations REBT. There are also further safety regulations concerning the construction of public places. The regulations were issued by the Royal Decree Number 555/86 on 21 st February 1986 following a high incidence of accidents in the construction of public places SWITZERLAND The statutory Health and Safety regulations in Switzerland are contained in the guidelines of the Federal Coordination Commission for Occupational Safety/FCOS (Eidgenössische Koordinationsstelle für Arbeitssicherheit/EKAS). There are additional regulations specific to mining, oil refining and the chemical industry. Regarding electrical installations, however, specific health and safety regulations do not exist. The title of the legislation that refers to health and safety is the Swiss Accident Insurance Law /Schweizerisches Unfallversicherungs-Gesetz, and the Authority in charge of the implementation of the law is the Swiss Accident Insurance Company (Schweizerische Unfall-Versicherungs-Anstalt/SUVA)

104 8. Contractual and Commercial Matters 8.1 BELGIUM No information received. 8.2 DENMARK No information received. 8.3 ENGLAND A variety of forms of contract are used in electrical contracting, including many standard and non-standard forms. The work of ECA members firms is backed by a Warranty and Bond provided by the Association: (ii) Warranty Guarantees to clients of ECA members that electrical work, which fails to comply with relevant British Standards, will be rectified to comply with those standards at no cost to the client. The limit is 100,000 per contract. (iv) Bond Indemnifies the clients of ECA members for the additional cost of completion if the member fails to complete the electrical installation work to the relevant British Standard, or because the member has become insolvent. The Bond limit per contract is set at 10% of the contract value subject to a maximum limit of 100,000. In Scotland, SELECT member firms are covered by the SELECT Guarantee of Work Scheme and the Contract Completion Guarantee Scheme, both of which provide similar cover to the ECA schemes. 8.4 FRANCE Non-standard forms of contract are widely used in France but big companies and public sector bodies such as the electricity supply authority and the railways each have their own standard contracts. Insurance requirements that must be met by electrical contractors include: Civil Insurance (3 rd Party) Construction Insurance (2-10 years) Social Insurance (employees, social security)

105 Foreign insurers can underwrite risk in France, but as one correspondent stated, Clients certainly prefer French insurers 8.5 FINLAND No information received. 8.6 GERMANY There are a wide variety of forms of contract. Each job has its own contract varying according to the size and content of the job. Large public installations use third party organizations such as VOL and VOB for tendering, which prescribe the contract involved. Codes of Practice regarding tendering procedures are worked out according to the individual installations, whether public or private. There are no statutory Codes of Practice. The recommendations of the ZVEH are followed. 8.7 NORWAY Standard forms of contract in Norway are issued by NBR (Norwegian Council of Building Standardization). NELFO is taking part in the development of these standard forms and the members use them. Insurance requirements that must be met by electrical installation contractors include third party, injury to people, damage to property and possible redundancy payments if the business fails. There are no restrictions on non-national insurers underwriting risks in Norway provided they have a permanent base in the country. Under Procurement Law in Norway, public works must be put out for procurement and large construction works must be open to the whole of the EU. For smaller public works, in general, at least three contractors must procure. 8.8 PORTUGAL There is a standard form of contract in Portugal between client and electrical supplier, which can be obtained in EDP-Electricidade de Portugal. There is not a standard form of contract between client and electrical contractor, although the existence of a contract with a minimum content is mandatory

106 8.9 SCOTLAND A variety of forms of contract are used in electrical contracting, including many standard and non-standard forms. The work of ECA members firms is backed by performance guarantees provided by the Association; (i) ECA Guarantee of Work. This scheme provides customers free guarantees that any work, which fails to comply with specified standards, will be rectified to those standards at no cost to the customer. The guarantee extends for a period of five years and provides up to 50,000 cover! (v) ECA Completion Guarantee Scheme. This makes provision for the completion of a project in the event of the ECA member going into liquidations. Up to 50,000 cover is available to the customer under the scheme. In Scotland, SELECT member firms are covered by the SELECT Guarantee of Work Scheme and the Contract Completion Guarantee Scheme, both of which provide similar cover to the ECA schemes SPAIN In theory, any constructions contracts in Spain, including electrical installations, are open to EC contractors, but with the exception of small projects that are funded by municipal authorities. However, in practice, the respondents suggested that non-national companies would find it easier to work in Spain if in a joint venture with a Spanish contractor. Spain still has exchange control laws that limit the full remittance of profit to a parent company outside Spain. However, the respondents insisted that these had disappeared by Electrical contractors must have sufficient insurance to meet any claims for damages whether direct or third party. This can be arranged with non-national insurance companies as long as they are registered to do business in Spain SWITZERLAND The different kinds of contracts are described in the Swiss Code of Obligations. They include, for example: - Contracts of employment - Publishers contracts - Representation contracts - Contracts of manufacture Etc. Contracts may be concluded by oral or written agreement. In some cases contracts must be drawn up in writing by law. Depending on the complexity and financial implication, it is customary that contracts regarding electrical installations are made out in every detail in

107 writing, observing the norms and requirements of the Contract of Manufacture (Werkvertrag) drafted by Swiss Association of Engineers and Architects/SIA. State owned and other large enterprises like for example Swisscom, Migros, the individual states (Cantons), etc. are likely to draft their own Contracts of Manufacture. If no specific Contract of Manufacture is concluded, the legal requirements of the Swiss Code of Obligations will automatically apply

108 9. Annexes Country Annex1: Standardisation Scheme Authorization Inspection of other person or authority before being put into service Register with the grid owner If you have authorization is it If you have authorization and it is for a person, must the worker and the person with the authorization be employee in the same company Yes No Comments Yes No Yes No Yes No For a person For the company SE X X X X X BE X X X X FI X X X X FR X X X Inspection by CONSUEL (independent body) is mandatory for all new (or total refurbishment) electric installation. All installations must comply to UTE NF C NO X X X For details, see appendix on Norway UK X X X N/A N/A N/A N/A Please see additional information ES X X X X X - The compliance is guaranteed by the qualification of the installer. - The authorization is for the company, but the company requires the work to be carry out by a qualified installer CH X X X X X Register by ESTI Federal Inspectorate for Heavy Current Installations

109 * Authorization in Sweden Information for electrical contractors and electricians from other EES countries concerning the regulations governing electrical installation work in Sweden. Authorization In order to carry out electrical installation work in Sweden, at least one person in the company must be authorized to work in Sweden as an electrical contractor. Authorization is obtained by applying to the Swedish National Electrical Safety Board. Applicants must show either that they meet the training or experience requirements stipulated in sections of the ELSÄK-FS 2001:2 authorization regulations or those they can verify that they meet some of the requirements stipulated in section 17 or 17a. (Council Directive 1999/42/EG). Authorization regulations ELSÄK-FS 1996:2 also contain certain technical and administrative rules governing electrical installation work. These rules cover responsibility and employment relations as well as registration and notification with a grid owner. Registration and notification Before an electrical contractor can begin working, he must first register himself with the grid owner in the area where he shall be performing electrical installation work. Furthermore, the grid owner must be given advance notice of any major work earmarked to be carried out. Guidelines concerning notification are given in Swedish Standard SS Guidelines for the connection of low-voltage installations to the electricity grid. These guidelines also contain provisions concerning the measurement of current and other provisions of a technical nature. Regulations for Electrical Installations (Starkströmsföreskrifterna) The most important regulations governing the implementation and maintenance of electrical installations are Regulations for Electrical Installations, ELSÄK-FS 2004:1 with the Swedish Standard SS The Swedish Standard is based on IEC and CENELEC HD 384 standards, but contains important deviations and additions specifically for Swedish conditions based on ELSÄK-FS 2004:1. In addition, other regulations are in place governing electrical installations, electrical products and EMC that must also be adhered to. Other Queries concerning both authorization and electrical installations can be dealt with by the Swedish National Electrical Safety Board Registration and notification of electrical installation work should be submitted to the grid owner. * Finland Electrical contracting It is allowed to carry on electrical contracting in Finland, if one fulfils the following conditions according to The Electrical Safety Act

110 a sufficiently qualified person is appointed to direct the work (supervisor), who fulfils the qualification conditions a person independently carrying out and supervising work should possess sufficient qualifications or otherwise has sufficient professional skills premises and tools necessary for carrying out the work are used, and the provisions and regulations on electrical safety are observed and regulations and instructions of electrical safety are used. The Electrical Safety Authority books in his register all electrical contractors, who fulfil the conditions above. Inspections There are in Finland both unclassified and to three categories classified electrical installations. Unclassified buildings and constructions are buildings which have two or less dwellings and insignificant changes in installations. Other electrical installations belong to categories 1, 2 or 3 (all business-buildings, service-buildings, industrial installations, hospitals etc.) Electrical contractors shall be responsible for the initial verifications also in classified electrical installations and after that installations must be approved by the private neutral third party in a certification inspection. Unclassified electrical installations don t need to be inspected by the third neutral party. All installations of buildings except dwellings must inspect periodically every 5 years (in class 3) or every 10 years (in class 2) or every 15 years (in class 1). Periodical inspections may be done by authorized inspection bodies and authorized inspectors. Announcement The electrical contractors or the authorized inspector of electrical installations must announce all new electrical installations in the buildings to the power companies or to the Electrical Safety Authority (TUKES). The inspection bodies must announce also all certification inspections to the power companies or Authority (TUKES). All announcements can be left after the certification inspection. There are no terms for announcements. Regulations for Electrical Installations The Finnish electrical standards of equipments and installations are based on international IEC or CENELEC standards. The Ministry of Trade and Industry has confirmed specific electrical standards so that the installations which are made according to those standards fulfil the essential conditions of electrical safety regulations

111 * Norway Registration In Norway we no longer have an authorisation requirement, only a registration requirement. Authorisation disappeared in 2002 and was replaced by the registration regulation of (Regulation governing businesses that plan, carry out and maintain electrical installations.) This is a central registration under the administration of The Directorate for Civil Protection and Emergency Planning. (DSB) The regulation obliges companies to register in order to be allowed to plan, carry out, repair and maintain electrical installations. The company manager is responsible for the company s compliance with the regulation. The company must send notification of registration to: The Directorate for Civil Protection and Emergency Planning, DSB The registration notification should contain the following details: 1. The company s name, address, type and departments (not separate enterprises) and the company s registered trading number. 2. Name of the person or persons bearing the technical responsibility, i.e. those who, in accordance with existing qualifications for skilled electro personnel, in charge of implementation and maintenance. 3. Technical skills area 4. Number of skilled electro personnel 5. Number of apprentices and trainee workers within the range of the regulation. The total number of employed skilled electro workers covered by the registration obligation, should be given in intervals of 5 (eg 0-5, 6-10, etc). If, however, the number of employees exceeds 30, then the number should be given in intervals of 15 (eg 31-45, etc). The same applies to the total number of apprentices and trainee worker within the registered skills area for the company. Likewise, for those responsible for planning, the total number of skilled electro personnel must be given. The Directorate are obliged to inform applicants of receipt of application. Qualifications In addition to registration, there is a requirement that those in charge of and those carrying out electrical installation, have necessary qualifications in accordance with the regulation governing the qualifications of electro personnel (fke). The regulation stipulates a minimum of qualifications for those running or partaking in a business in connection with electrical installations and equipment, with a view to developing, establishing and maintaining el-safety for life and property. The regulation comes into practice in planning, carrying out, running and maintaining electrical installations, and also during installation and repair of electrical equipment

112 within the range of the law of the 24 th of May 1929 governing supervision of electrical installations and equipment. The regulation also governs the skills requirements of EEC members with education and work experience in other EEC countries. * New electrical supply connections in the UK There is no Authorisation required in the U.K. for new electricity connections to the supply network. The respective electricity supply companies would however require a completed ELECTRICAL INSTALLATION AND/OR INSPECTION & TEST CERTIFICATE, in accordance with the IEE Wiring Regulations (BS7671) from the competent person working for the electrical contractor or company that carried out the electrical installation work. The electricity supply company would not normally connect any new installation until they have been issued the above certificate and they are happy that the installation is safe to connect. * Switzerland Information for electrical contractors and electricians from other countries concerning the regulations governing electrical installation work in Switzerland. 1. General To carry out electrical installations in Switzerland, a person in the company must be authorized. After the apprenticeship of electrician he needs fife years experience in electrical installation work and a equivalent education like a electrical contractor with diploma in Switzerland. 2. Following of regulations 2.1 Ordinances - Ordinance from 30. March 1994, Electrical Heavy Current Plants, SR Ordinance from 7. November 2001, Electrical low voltage Installations, SR Ordinance from 9. April 1997, electrical Low Voltage products, SR To order by: Bern Bundesamt für Bauten und Logistik, Vertrieb Publikationen, CH-3003 (Internet: Norms - Low Voltag Installations Norm, SN SEV 1000 : 2005, valid from 1. July Basic Principle for Foundation Earthing, SEV To Earth as Precaution in Electrical Haevy Current Plants, SEV

113 - Measures in Low Voltage Installations for protection of non electrical danger production and industrial plants, SEV 1122 To order by: Electrosuisse, SEV Verband für Elektro-, Energie- und Informationstechnik Normenverkauf Luppmenstrasse 1, CH-8320 Fehraltorf (Internet: General installation allowing as requirement for installation work 3.1 Subject to approval For electrical installation work a installation allowing is required. The application form is available by: > Inspektionen > Bewilligung für Installationsarbeiten für Betriebe. 3.2 Qualification Persons which fulfil figure 1. receive a general installation allowing

114 Annex 2: National Electro-Technical Standardization Committees AUSTRIA - OVE Österreichischer Verband für Elektrotechnik Eschenbachgasse 9 A VIENNA Tel: Fax: [email protected] BELGIUM - BEC-CEB Comité Electrotechnique Belge Belgisch Elektrotechnisch Comité Boulevard Auguste Reyers 80 B BRUSSELS Tel: Fax: [email protected] CYPRUS - CYS Cyprus Organization for Standardization Leoforos Lemesou and Kosta Anaxagora 30 office 320 CY NICOSIA Tel: Fax: [email protected] CZECH REPUBLIC - CNI Czech Standards Institute Biskupsky dvur 5 CZ PRAHA 1 Tel: Fax: [email protected] DENMARK - DS Dansk Standard Electrotechnical Sector Kollegievej 6 DK CHARLOTTENLUND Tel: Fax: [email protected]

115 ESTONIA - EVS Estonian Centre for Standardization Aru Street, 10 EE TALLIN Tel: Fax: [email protected] GERMANY - DKE Deutsche Kommission Elektrotechnik Elektronik Informationstechnik im DIN und VDE Stresemannallee 15 D FRANKFURT AM MAIN Tel: Fax: [email protected] FINLAND - SESKO Standardization in Finland Särkiniementie 3 P.O. Box 134 FIN HELSINKI Tel: Fax: [email protected] FRANCE - UTE Union Technique de l'electricité et de la Communication Avenue du Général Leclerc 33 BP 23 F FONTENAY-AUX-ROSES CEDEX Tel: Fax: [email protected] GREECE - ELOT Hellenic Organization for Standardization 313, Acharnon Street GR ATHENS < P> Tel: Fax: [email protected] HUNGARY - MSZT Hungarian Standards Institution Ulloi ut, 25 H BUDAPEST Tel: Fax: [email protected]

116 ICELAND - IST Icelandic Standards Laugavegur- 178 IS REYKJAVIK Tel: Fax: [email protected] IRELAND - ETCI Electro-Technical Council of Ireland Limited Unit H12, Centrepoint Business Park Oak Road IRL - DUBLIN 12 Tel: Fax: [email protected] ITALY - CEI Comitato Elettrotecnico Italiano Via Saccardo, 9 I MILANO Tel: Fax: [email protected] LATVIA - LVS Latvian Standard K. Valdemara Street, 157 LV RIGA Tel: Fax: [email protected]

117 LITHUANIA - LST Lithuanian Standards Board T. Kosciuskos g., 30 LT VILNIUS Tel: Fax: [email protected] LUXEMBOURG - SEE Service de l'energie de l'etat - Organisme Luxembourgeois de Normalisation B.P. 10 L LUXEMBOURG Tel: Fax: [email protected] MALTA - MSA Malta Standards Authority Second Floor, Evans Building Merchants Street MT - VLT 03 VALLETTA Tel: Fax: [email protected] NETHERLANDS - NEC Netherlands Elektrotechnisch Comité Vlinderweg, 6 Postbus 5059 NL GB DELFT Tel: Fax: [email protected] NORWAY - NEK Norsk Elektroteknisk Komite Strandveien 18 P.O. Box 280 N Lysaker Tel: Fax: [email protected]

118 POLAND - PKN Polish Committee for Standardization ul. Swietokrzyska, 14 P.O. Box 411 PL WARSZAWA Tel: Fax: [email protected] PORTUGAL - IPQ Instituto Português da Qualidade Rua António Gião, 2 P CAPARICA Tel: Fax: [email protected] SPAIN - AENOR Asociación Española de Normalización y Certificación C/ Génova, 6 E MADRID Tel: (or , Info Service) Fax: (or , Standardization Department) [email protected] SLOVAKIA - SEV Slovak Electrotechnical Committee Slovak Standards Institution Karloveska, 63 P.O. Box 246 SK BRATISLAVA 4 Tel: Fax: [email protected] SLOVENIA - SIST Slovenian Institute for Standardization Smartinska, 140 SI LJUBLJANA Tel: Fax: [email protected]

119 SWEDEN - SEK Svenska Elektriska Kommissionen Kistagangen, 19 Box 1284 S KISTA Tel: Fax: [email protected] SWITZERLAND - CES Swiss Electrotechnical Committee Luppmenstrasse, 1 CH FEHRALTORF Tel: Fax: [email protected] UNITED KINGDOM - BEC British Electrotechnical Committee British Standards Institution 389, Chiswick High Road GB - LONDON W4 4 AL Tel: Fax: [email protected]