The Ecodesign for Energy-Using Products Regulations 2007

PART 1 Introduction and interpretation

Citation and commencement

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

Interpretation

2.—(1) In these Regulations—

“authorised person” is defined in regulation 20;

“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;

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

“enforcing authority” means—

(a)

in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985(1); and

(b)

in Northern Ireland, the Department of Enterprise, Trade and Investment;

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

“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;

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

“product requirements” is defined in Schedule 2.

(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(2).

(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(3),

have the meaning they bear in that measure or Directive.

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

Restriction on listed products

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 marking

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 importers

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 restricted

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.

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

Presumption of conformity

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(4); or

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

Non-conformity

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.

(3) Such a person who withdraws a listed product from the market must as soon as possible notify that withdrawal in writing to—

(a) the Secretary of State; and

(b) the enforcing authority where that person has their principal place of business.

Misleading markings

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 inspection

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 an 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 an 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.

PART 4 Notified bodies

Criteria to be met by notified bodies and approvals

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 bodies

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 bodies

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 fees

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 notices

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 notices

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

(b) the enforcing authority where the person who receives the notice has their principal place of business.

(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 bodies

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 5 Enforcement

Enforcement

18.—(1) An 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);

(d) regulation 8 (non-conformity);

(e) regulation 9 (misleading markings); and

(f) regulation 10 (documentation for inspection).

(2) In England and Wales and Scotland, the duty in paragraph (1) applies to the area of the enforcing authority.

(3) Proceedings for an offence shall be brought—

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

(b) in Scotland, by the Procurator Fiscal.

Proceedings before a civil court

19.  If an 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.

Powers of an enforcing authority and authorisation

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

(2) An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf, subject to any limitations or conditions as the enforcing authority sees fit.

(3) Persons authorised by an enforcing authority in relation to the enforcement of local weights and measures or consumer protection are persons authorised under paragraph (2).

Appeals against enforcement notices

21.—(1) A person on whom an enforcement notice is served—

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

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

(2) The appeal body means—

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

(b) in Scotland, the Scottish Ministers;

(c) in Northern Ireland, the Planning Appeals Commission.

(3) Schedule 8 has effect.

Notification of enforcement notices

22.—(1) Paragraph (2) applies if an enforcing authority—

(a) serves an enforcement notice which has, or will have, the effect of restricting or prohibiting a listed product from being placed on the market; or

(b) intends to bring civil proceedings which, if the remedy sought by the enforcing authority is granted by the court, 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 6 Offences and penalties

Offences and penalties in respect of regulations 3 to 5 and 8 to 10

23.—(1) It is an offence—

(a) for a person to contravene—

(i) regulation 3 (restriction on listed products); or

(ii) 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); or

(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 to cause or permit another person to do so.

(2) Any person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Other offences and penalties

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.

Commencement of summary proceedings

25.  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;

(c) in Scotland, the proceedings are begun,

within twelve months from the date the offence is committed.

Bodies corporate

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 orders

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.

PART 7 Revocations

Revocations

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

14th July 2007