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The Ecodesign for Energy-Using Products Regulations 2007

Changes over time for: The Ecodesign for Energy-Using Products Regulations 2007 (without Schedules)

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PART 1U.K.Introduction and interpretation

Citation and commencementU.K.

1.  These Regulations may be cited as the Ecodesign for Energy-Using Products Regulations 2007 and come into force on 11th August 2007.

InterpretationU.K.

2.—(1) In these Regulations—

  • [F1“authorised person” means a person authorised by the enforcing authority in accordance with regulation 20(2);]

  • “CE conformity marking” is defined in Schedule 6;

  • conformity assessment procedure” means the procedure to assess the conformity of a listed product to the product requirements;

  • “declaration of conformity” is defined in Schedule 5;

  • [F2“the electric motors Regulation” means Commission Regulation (EC) 640/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for electric motors;]

  • “enforcement notice” is defined in paragraph 2 of Part 5 to Schedule 9;

  • [F3“enforcing authority” means the Secretary of State;]

  • [F4“the external power supplies Regulation” means Commission Regulation (EC) 278/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for no-load condition electric power consumption and average active efficiency of external power supplies;]

  • “general technical documentation” is defined in chapter 2 of Part 1 to Schedule 4;

  • [F5“the glandless circulators Regulation” means Commission Regulation (EC) 641/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in products;

  • “the household refrigerating appliances Regulation” means Commission Regulation (EC) 643/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances];

  • “implementing measure” is defined in paragraph 2 of Part 1 to Schedule 1;

  • listed product” means an energy-using product listed in paragraph 1 of Part 1 to Schedule 1;

  • “non-conformity notice” is defined in paragraph 14 of Part 1 to Schedule 4;

  • [F6“the non-directional household lamps Regulation” means Commission Regulation (EC) 244/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for non-directional household lamps;]

  • notified body” means a person approved by the Secretary of State under regulation 11;

  • [F7“product requirements” means the requirements that must be met by a listed product as set out in Schedule 2;]

  • [F8“the SSTB Regulation” means Commission Regulation (EC) 107/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for simple set-top boxes;

  • “the standby Regulation” means Commission Regulation (EC) 1275/2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode electric power consumption of electrical and electronic household and office equipment;

  • “the televisions Regulation” means Commission Regulation (EC) 642/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for televisions; and

  • “the tertiary lighting Regulation” means Commission Regulation (EC) 245/2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for fluorescent lamps without integrated ballast, high intensity discharge lamps and for ballasts and luminaires able to operate such lamps, and repealing Directive 2000/55/EC of the European Parliament and of the Council.]

(2) In Schedules 1,2 and 3 of these Regulations, the European Standards with designation numbers EN 153, EN50294 and EN 60920 mean the Standards issued with those designations by the European Committee for Electromechanical Standardisation M1.

(3) Expressions used in these Regulations which are used—

(a)in an implementing measure; or

(b)in Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products M2,

have the meaning they bear in that measure or Directive.

PART 2U.K.Restriction on listed products, conformity assessments, declarations of conformity and the CE conformity marking

Restriction on listed productsU.K.

3.—(1) A person must not place a listed product on the market unless that product conforms to the product requirements for that product.

(2) Schedule 2 has effect in relation to product requirements.

Conformity assessments, declarations of conformity and the CE conformity markingU.K.

4.—(1) A manufacturer must not place a listed product on the market unless he complies with—

(a)paragraphs (2) and (3); or

(b)equivalent provisions under the laws of another member State.

(2) A manufacturer must—

(a)assess whether a listed product conforms to the product requirements for that product; and

(b)make that assessment in accordance with Schedule 3.

(3) If a manufacturer assesses that a listed product conforms to the product requirements, the manufacturer must—

(a)make a declaration of conformity; and

(b)affix visibly, legibly and indelibly to the listed product, or the packaging or documentation that accompanies that product, the CE conformity marking.

(4) The following have effect—

(a)Schedule 4 (modules for conformity assessment);

(b)Schedule 5 (declaration of conformity);

(c)Schedule 6 (CE conformity marking).

Authorised representatives and importersU.K.

5.  If a manufacturer of a listed product is not established within the Community, an authorised representative or importer of a listed product must not place a listed product on the market unless the authorised representative or importer—

(a)ensures that the manufacturer of the listed product has complied with regulation 4(1); and

(b)complies with that regulation to the extent that the manufacturer has not complied with it.

Displays of listed products not restrictedU.K.

6.—(1) Regulations 3, 4 and 5 do not apply to the display of a listed product if—

(a)that product; or

(b)the packaging or documentation that accompanies that product,

bears a visible indication that the product must not be placed on the market unless it complies with the product requirements for that product.

(2) For the purposes of paragraph (1), the display of a listed product includes its display at trade fairs, exhibitions and demonstrations.

[F9Restriction on special purpose lampsU.K.

6A.(1)  This regulation applies to special purpose lamps within the scope of the non-directional household lamps Regulation.

(2) A person must not place a special purpose lamp on the market unless the requirements of Article 3(2) of the non-directional household lamps Regulation are met.]

PART 3U.K.Presumption of conformity, non-conformity, misleading markings and documentation

Presumption of conformityU.K.

7.—(1) Unless the contrary is proved, where—

(a)a listed product; or

(b)the packaging or documentation that accompanies that product,

bears the CE conformity marking, the listed product is presumed to conform to the product requirements for that product.

(2) Unless the contrary is proved, where—

(a)harmonised standards have been applied to a listed product; and

(b)the reference numbers of those standards have been published in the Official Journal of the European Union,

the listed product is presumed to comply with the requirements of the implementing measure to the extent that the harmonised standards relate to those requirements.

(3) Unless the contrary is proved, where a listed product has been awarded a Community eco-label, the listed product is presumed to comply with the ecodesign requirements for that product to the extent that the Community eco-label relates to those requirements.

(4) For the purposes of paragraph (3), “Community eco-label” means—

(a)a label that meets the requirements of Regulation (EC) No 1980/2000 of the European Parliament and of the Council on a revised Community eco-label award scheme M3; or

(b)a label which the Commission determines meets equivalent conditions for such a label.

Marginal Citations

M3O.J. No. L237, 21.9.2000, p. 1.

Non-conformityU.K.

8.—(1) If a manufacturer, an authorised representative or importer of a listed product becomes aware that—

(a)he has placed on the market a listed product bearing the CE conformity marking; and

(b)that product does not conform to the product requirements for that product,

he must comply with paragraph (2).

(2) A person to whom paragraph (1) applies must as soon as possible take steps to bring the product into conformity but if—

(a)it is not possible to take such steps; or

(b)such steps do not bring the product into conformity,

he must withdraw the product from the market.

[F10(3) Such a person who withdraws a listed product from the market must as soon as possible notify that withdrawal in writing to an authorised person or if no such person is authorised, the enforcing authority.]

Misleading markingsU.K.

9.  A person must not affix or cause to be affixed any marking to—

(a)a listed product; or

(b)the packaging or documentation that accompanies that product,

which is likely to mislead a user of the product as to the meaning and form of the CE conformity marking.

Documentation for inspectionU.K.

10.—(1) A manufacturer, an authorised representative or importer of a listed product who has placed on the market a listed product must keep the following available for inspection by [F11the enforcing authority]

(a)documentation that is relevant to the applicable conformity assessment procedure or procedures under Schedule 3; and

(b)every declaration of conformity.

(2) Paragraph (1) applies for the period of at least 10 years from the date the listed product was last manufactured.

(3) If [F11the enforcing authority] requests any documentation or declaration from the person responsible for keeping them, that person must provide the documentation or declaration within 10 days of receipt of the request.

Textual Amendments

PART 4U.K.Notified bodies

Criteria to be met by notified bodies and approvalsU.K.

11.—(1) A notified body must meet the criteria in Schedule 7.

(2) A person may make an application in writing to the Secretary of State to be approved as a notified body in respect of one or more listed products.

(3) If a person meets the criteria in Schedule 7 in respect of a listed product or products, the Secretary of State must in writing approve that person as a notified body in respect of the product or products.

(4) The Secretary of State may—

(a)make an approval subject to such limitations or conditions as he sees fit, including the period for which the approval is given;

(b)withdraw an approval given to a notified body; or

(c)vary an approval.

(5) The Secretary of State must inform the Commission—

(a)of the details of a notified body he has approved and any limitations or conditions attached to that approval; and

(b)if an approval has been withdrawn or varied.

Function of notified bodiesU.K.

12.  The function of a notified body is to determine, within the conformity assessment procedure or procedures applicable to a listed product, that the product conforms to the appropriate product requirements.

Obligations and powers of notified bodiesU.K.

13.—(1) In discharging its function, a notified body—

(a)must comply with the obligations; and

(b)may exercise the powers,

referred to in Schedule 4 (modules for conformity assessment).

(2) A notified body must not—

(a)perform any such obligations; or

(b)exercise any such powers,

in relation to a listed product if the circumstances in paragraph (3) apply.

(3) The circumstances referred to in paragraph (2) are where the notified body—

(a)is the designer, manufacturer, supplier or installer of the product;

(b)is the authorised representative of such person; or

(c)is involved directly with any person mentioned in (a) or (b).

Power to charge feesU.K.

14.—(1) A notified body may charge a fee to a manufacturer, authorised representative or an importer.

(2) Such a fee must not exceed—

(a)the costs of the work incurred, or to be incurred—

(i)to comply with any obligation; or

(ii)in exercising any power,

relevant to the conformity assessment procedure applicable to a listed product; and

(b)such amount on account of profit as the notified body believes is reasonable in the circumstances.

(3) In determining what is reasonable under paragraph (2)(b), a notified body must have regard to—

(a)the nature and extent of the work; and

(b)the commercial rate normally charged for such work or similar work.

Appeals against non-conformity noticesU.K.

15.—(1) A person to whom a non-conformity notice is given by a notified body—

(a)may give notice of appeal against that notice to the notified body; and

(b)must be informed of that right in the non-conformity notice.

(2) The appeal must be heard by the appeal body.

(3) Subject to paragraph(4), the appeal body is the body agreed by the parties to the appeal.

(4) If no agreement is reached within a reasonable time, either party may apply in writing to the relevant person who must appoint the appeal body.

(5) For the purposes of paragraph (3), the relevant person means—

(a)in England and Wales, the Secretary of State;

(b)in Scotland, the Scottish Ministers;

(c)in Northern Ireland, the Department of Enterprise, Trade and Investment.

(6) Schedule 8 has effect.

Non-conformity noticesU.K.

16.—(1) If a notified body gives a non-conformity notice which has the effect of restricting or prohibiting a listed product from being placed on the market, the notified body must supply a copy of the non-conformity notice as soon as possible to—

(a)the Secretary of State; and

[F12(b)an authorised person.]

(2) The Secretary of State must—

(a)inform the Commission; and

(b)the appropriate authorities in other member States,

of a notice he receives under paragraph (1).

Information to be supplied to other notified bodiesU.K.

17.  A notified body must supply to other notified bodies information concerning—

(a)an EC type-examination certificate it has made, including any additional approval to a certificate;

(b)any withdrawal of such a certificate;

(c)a conformity assessment procedure it has approved, including any modifications to a procedure;

(d)any withdrawal of approval of such a procedure;

(e)an EC design examination certificate it has made, including any addition to a certificate; and

(f)any withdrawal of such a certificate,

and must supply copies of any relevant documentation if that is requested.

PART 5U.K.Enforcement

EnforcementU.K.

18.—(1) [F11The enforcing authority] must enforce—

(a)regulation 3 (restriction on listed products);

(b)regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);

(c)regulation 5 (authorised representatives and importers);

[F13(ca)regulation 6A (restriction on special purpose lamps);]

(d)regulation 8 (non-conformity);

(e)regulation 9 (misleading markings); and

(f)regulation 10 (documentation for inspection).

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Proceedings for an offence shall be brought—

(a)in England and Wales and Northern Ireland, only by or on behalf of [F11the enforcing authority];

(b)in Scotland, by the Procurator Fiscal.

Proceedings before a civil courtU.K.

19.  If [F11the enforcing authority] is of the opinion that proceedings against a person for an offence under Part 6 would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

Textual Amendments

Powers of [F11the enforcing authority] and authorisationU.K.

20.—(1) [F11The enforcing authority] and persons authorised for the purposes of paragraph (2) have the powers set out in Schedule 9.

[F15(2) The enforcing authority may authorise in writing such persons who appear suitable to act on its behalf to carry out any functions and to exercise any power conferred on the enforcing authority by these Regulations, subject to any limitations or conditions as it sees fit.]

[F16(3) Where the enforcing authority authorises a person under paragraph (2), it must publish details—

(a)identifying that person, and

(b)of the extent of the authorisation, including any limitation or conditions,

on the Department for Environment, Food and Rural Affairs website.]

[F17Enforcement noticesU.K.

21.(1)  If the enforcing authority is of the opinion that—

(a)a person has contravened, is contravening or, having considered all the relevant circumstances, such person is likely to contravene the provisions referred to in paragraph (1) of regulation 18 (enforcement), or

(b)a person is otherwise supplying or is making available in the United Kingdom in the course of business a listed product that does not comply with these Regulations,

the enforcing authority may serve notice on that person (an “enforcement notice”).

(2) An enforcement notice must—

(a)state that the enforcing authority is of that opinion;

(b)specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c)require the person on whom the notice is served—

(i)to remedy the contravention or to remedy the matters making contravention likely, as the case may be,

(ii)to provide evidence to the enforcing authority demonstrating that the contravention or the matters making contravention likely have been remedied, as the case may be, or

(iii)to take such other steps as may be specified in the notice;

(d)specify the period within which the person on whom the notice is served must comply with the notice (such period to be not less than 10 days from the date beginning on the day after service of the notice);

(e)state the potential consequences of non-compliance with the enforcement notice for the person on whom the notice is served; and

(f)set out the appeal process available to the person on whom the notice is served and the relevant time limits that apply.

(3) Upon receipt of a notice of appeal the Secretary of State must appoint an appeal body.

(4) Schedule 8 has effect.

(5) An enforcement notice may require that a listed product is, or specified parts of it are, withdrawn from the market or from service.

(6) The enforcing authority may withdraw any enforcement notice at any time.

(7) If after the expiration of the time specified in the notice any steps required by the notice have not been taken, the enforcing authority may take those steps and may recover from the person on whom the notice was served any expenses reasonably incurred in connection with taking such steps.]

Notification of enforcement noticesU.K.

22.[F18(1) The enforcing authority must inform the Commission without delay and the appropriate authorities in other member States of—

(a)any enforcement notice that is served which has, or will have the effect of, restricting or prohibiting a listed product from being placed on the market; and

(b)details of any civil proceedings intended to be brought under regulation 19 in which the remedy sought (if the proceedings were brought by the enforcing authority) would have that effect.]

(2) Where paragraph (1) applies, the enforcing authority must as soon as possible provide to the Secretary of State—

(a)a copy of the enforcement notice; or

(b)details of the civil proceedings it intends to bring.

(3) The Secretary of State must—

(a)inform the Commission; and

(b)the appropriate authorities in other member States,

of a notice or details of intended proceedings received under paragraph (2).

PART 6U.K.Offences and penalties

[F19Offences and penaltiesU.K.

23.(1)  It is an offence—

(a)for a person to contravene—

(i)regulation 3 (restriction on listed products),

(ii)regulation 6A (restriction on special purpose lamps), or

(iii)regulation 9 (misleading markings);

(b)for a manufacturer to contravene regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);

(c)for an authorised representative or an importer of a listed product to contravene regulation 5 (authorised representatives and importers);

(d)for a manufacturer, authorised representative or an importer of a listed product to contravene regulation 8 (non-conformity) or 10 (documentation for inspection); or

(e)for a person to fail to comply with an enforcement notice.]

Other offences and penaltiesU.K.

24.—(1) It is an offence for a person—

(a)intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or

(b)knowingly or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with—

(i)any requirement imposed under the powers in Part 3 to Schedule 9; or

(ii)any notice given under Part 5 to Schedule 9.

(2) It is an offence for a person, without reasonable excuse, to fail to—

(a)comply with any requirement imposed under the powers in Part 3 to Schedule 9;

(b)provide facilities or assistance reasonably required by an authorised person under those powers; or

(c)comply with any notice given under Part 5 to Schedule 9;

(3) It is an offence for a person falsely to pretend to be an authorised person.

(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Part 2 to Schedule 9.

[F20Time limit for prosecution of offencesU.K.

25.(1)  An offence under these Regulations may be tried by summary proceedings if—

(a)in England and Wales, the information is laid;

(b)in Northern Ireland, the complaint is made; or

(c)in Scotland, the proceedings are begun,

before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcing authority thinks is sufficient to justify the proceedings comes to the enforcing authority’s knowledge.

(2) For the purposes of subsection (1)—

(a)a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcing authority’s knowledge is to be conclusive evidence of that fact; and

(b)a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.]

Bodies corporateU.K.

26.—(1) Where a body corporate commits an offence under these Regulations and it is proved that the offence—

(a)is committed with the consent or connivance of a relevant person, or

(b)is attributable to any neglect on his part,

that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant person” means—

(a)a director, manager, secretary or other similar officer of the corporate body;

(b)in relation to a body corporate managed by its members, a member of that body performing managerial functions;

(c)in relation to a Scottish partnership, a partner;

(d)a person purporting to act as a person described within (a), (b) or (c).

Remediation ordersU.K.

27.—(1) This regulation applies to a person convicted of an offence under these Regulations.

(2) The court may specify in an order (“a remediation order”)—

(a)the steps that the convicted person must take to remedy any of the matters for which he has been convicted; and

(b)the period within which those steps must be taken.

(3) A period specified in a remediation order may be extended if an application is made to the court within that period.

(4) A convicted person does not continue to be liable under regulation 23 or 24 in respect of the matters covered by a remediation order.

(5) A remediation order may be made in addition to, or instead of, any other punishment.

[F21Recovery of expenses of enforcementU.K.

27A.(1)  This regulation applies where a court convicts a person of an offence under regulations 23 or 24.

(2) The Court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the enforcing authority for any expenditure which the enforcing authority or any authorised person has reasonably incurred in investigating the offence, including in purchasing or in testing or examining any listed product, or any part of it, in respect of which the offence was committed.]

PART 7U.K.Revocations

RevocationsU.K.

28.  The instruments listed in Schedule 10 are revoked to the extent stated in that Schedule.

Joan Ruddock

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Yn ôl i’r brig

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