The Ecodesign for Energy-Using Products (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Ecodesign for Energy-Using Products Regulations 2007 (S.I. 2037/ 2007) (“the EuP Regulations”).

Regulation 3(2) amends regulation 2 (interpretation) to include the following implementing measures made under 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: Commission Regulation (EC) 278/2009 (external power supplies); Commission Regulation (EC) 1725/2008 (standby and off mode electric power consumption of electrical and electronic household and office equipment); Commission Regulation (EC) 107/2009 (simple set-top boxes); Commission Regulation (EC) 245/2009 (fluorescent lamps without integrated ballast, high intensity discharge lamps and for ballasts and luminaires able to operate such lamps); Commission Regulation (EC) 244/2009 (non-directional household lamps); Commission Regulation (EC) 642/2009 (televisions); Commission Regulation (EC) 641/2009 (glandless standalone circulators and glandless circulators integrated in a product); Commission Regulation (EC) 640/2009 (electric motors); and Commission Regulation (EC) 643/2009 (household refrigerating appliances).

Regulation 4 inserts new regulation 6A which introduces new requirements when placing a special purpose lamp on the market.

Regulation 5 amends regulation 8(3) (non-conformity) to provide for where a manufacturer, an authorised representative or importer of a listed product withdraws a listed product from the market such person must as soon as possible notify any authorised person or if no such person is authorised, the enforcing authority.

Regulation 6 amends regulation 16 (non-conformity notices) requiring a notified body to also supply a copy of any non-conformity notice which has the effect of restricting or prohibiting a listed product from being placed on the market to an authorised person.

Regulation 7(4) replaces regulation 21 (appeals against enforcement notices) and provides for what must be included in an enforcement notice, what a recipient of an enforcement notice is required to do to comply with the notice and specifies the period within which the recipient must comply with the notice. Consequential amendments are made to Schedule 9 (powers of enforcing authorities) by way of Regulation 14 to avoid duplication of these provisions.

Regulation 8(2) replaces regulation 23 (offences and penalties in respect of regulations 3 to 5 and 8 to 10). Failing to comply with regulation 6A and failing to comply with an enforcement notice are now included in the list of offences.

Regulation 8(3) replaces regulation 25 (commencement of summary proceedings). The effect of this is that the enforcement regime under the EuP Regulations is not subject to the “6 month rule” that applies in proceedings before the Magistrates’ Court (England, Wales and Northern Ireland) and the Sheriff Court (Scotland), in the absence of any contrary legislative provision. The amendment provides the enforcing authority a period of 12 months to bring a prosecution under the EuP Regulations, applicable from the date that it considers it has sufficient evidence to bring proceedings.

Regulation 8(4) inserts new regulation 27A which provides a power for the court to include the costs of purchasing testing or examining listed products in an order for costs following a conviction.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Sustainable Products and Consumers Division, Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).