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The Ecodesign for Energy-Related Products Regulations 2010

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  1. Introductory Text

  2. PART 1 Introductory

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Designated standards

  3. PART 2 Restrictions on energy-related products, conformity assessments, declarations of conformity and the UK marking

    1. 3.Restrictions on energy-related products

    2. 4.Conformity assessments, declarations of conformity and the UK marking

    3. 4A.UK(NI) indication

    4. 4B.Register of UK notified bodies

    5. 5.Authorised representatives and importers

    6. 6.Displays of energy related products not restricted

  4. PART 3 Presumption of conformity, misleading markings and documentation

    1. 7.Presumption of conformity

    2. 8.Misleading markings

    3. 9.Documentation for inspection

  5. PART 4 Authorities and appeals

    1. 10.Notifying authority, competent authority and market surveillance authority

    2. 11.Appeals

  6. PART 5 Enforcement

    1. 12.The market surveillance authority may authorise in writing such persons...

    2. 13.The following have effect— (a) Schedule 4 (warrants and testing...

  7. PART 6 Offences and Penalties

    1. 14.Offences and penalties

    2. 15.Obstruction etc.

    3. 16.Time limit for prosecution of offences

    4. 17.Bodies corporate

    5. 18.Remediation orders

    6. 19.Recovery of expenses of enforcement

  8. PART 7 Revocations, review, transitional provision and obligations which are met by complying with obligations in the Directive

    1. 20.Revocations

    2. 20A.Transitional provisions in relation to EU Exit

    3. 20B.Obligations met by complying with the Directive

    4. 20C. Expiry of regulation 20B

    5. 20D.Qualifying Northern Ireland Goods

    6. 21.(1) The Secretary of State must from time to time—...

  9. PART 8 Implementing measures

    1. 22.Power of the Secretary of State to make implementing measures

    2. 23.Modifications to Annexes 1, 2 and 8 of the Directive

    3. 24.Form of implementing measure

  10. Signature

    1. SCHEDULE 1

      Declaration of Conformity

      1. 1.A person who makes a declaration of conformity declares that...

      2. 2.A declaration of conformity— (a) must be in writing; and...

      3. 3.A declaration of conformity must include— (a) the name and...

      4. 4.A declaration of conformity must include the title of the...

    2. SCHEDULE 1A

      Conformity Assessment Procedures

      1. PART 1 Internal design control

        1. 1.The internal design control procedure

      2. PART 2 Management system

        1. 2.The management system procedure

        2. 3.The environmental product performance policy

        3. 4.Planning

        4. 5.Implementation and documentation

        5. 6.Checking and corrective action

    3. SCHEDULE 1B

      Conformity Assessment Bodies

      1. PART 1 Approval of Conformity Assessment Bodies

        1. 1.Approved bodies

        2. 2.Approval of conformity assessment bodies

        3. 3.Presumption of conformity of approved bodies

        4. 4.Monitoring

        5. 5.Restriction, suspension or withdrawal of approval

        6. 6.Operational matters in relation to approved bodies

        7. 7.Subsidiaries and contractors

        8. 8.Register of approved bodies

        9. 9.UK national accreditation body

      2. PART 2 Approved body requirements

        1. 10.(1) A conformity assessment body must be established in Great...

      3. PART 3 Operational obligations of approved bodies

        1. 11.(1) An approved body must carry out conformity assessments in...

    4. SCHEDULE 2

      CE marking: General requirements

      1. 1.A CE marking must be in the following form—

      2. 2.A CE marking must have a height of at least...

      3. 3.Subject to paragraph 2, if a CE marking is reduced...

    5. SCHEDULE 3

      Appeals

      1. 1.This Schedule makes provision in respect of appeals against decisions...

      2. 2.An appeal must be made within two months of the...

      3. 3.Where an appeal is brought, the operation of the decision...

      4. 4.(1) The appeal procedure for the purposes of Article 4(7)...

      5. 5.An appeal must be heard by the appeal body.

      6. 6.Subject to paragraph 7, the appeal body is the body...

      7. 7.(1) If no agreement is reached within a reasonable time,...

      8. 8.On the determination of an appeal, the appeal body may...

    6. SCHEDULE 4

      Warrants and testing costs

      1. PART 1 Warrants

        1. 1.If a justice of the peace, on sworn information in...

        2. 2.The conditions referred to in paragraph 1are that—

        3. 3.A warrant continues in force for one month.

        4. 4.Reference to a justice of the peace—

      2. PART 2 Testing costs

        1. 5.Costs recovery

        2. 6.Notice of intent

        3. 7.Making representations and objections

        4. 8.Final notice

        5. 9.Contents of final notice

        6. 10.Appeal

        7. 11.Mode of recovery

        8. 12.Guidance

        9. 13.The market surveillance authority must consult such persons as it...

    7. SCHEDULE 5

      Civil sanctions

      1. PART 1 Power to impose civil sanctions

        1. 1.Market surveillance authority

      2. PART 2 Compliance notices and variable monetary penalties

        1. 2.Imposition of a compliance notice

        2. 3.Imposition of a variable monetary penalty

        3. 4.Notice of intent

        4. 5.Making representations and objections

        5. 6.Third party undertakings

        6. 7.Final notice

        7. 8.Contents of final notice – compliance notice

        8. 9.Contents of final notice - variable monetary penalty

        9. 10.Appeals against a final notice

        10. 11.Criminal proceedings

        11. 12.Other offences and penalties

      3. PART 3 Stop notices

        1. 13.Stop notices

        2. 14.Contents of a stop notice

        3. 15.Appeals

        4. 16.Completion certificates

        5. 17.Compensation

        6. 18.Offences

      4. PART 4 Enforcement undertakings

        1. 19.Enforcement undertakings

        2. 20.Contents of an enforcement undertaking

        3. 21.Acceptance of an enforcement undertaking

        4. 22.Discharge of an enforcement undertaking

        5. 23.Inaccurate, incomplete or misleading information

        6. 24.Non-compliance with an enforcement undertaking

      5. PART 5 Non-compliance Penalties

        1. 25.Non-compliance penalties

      6. PART 6

        1. 26.Withdrawing or amending a notice

      7. PART 7 Appeals

        1. 27.Appeals

      8. PART 8 Guidance and publicity

        1. 28.Guidance as to use of civil sanctions

        2. 29.Consultation on guidance

        3. 30.Publication of enforcement action

  12. Explanatory Note

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