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The Ecodesign for Energy-Related Products Regulations 2010

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

Presumption of conformityE+W+S

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

(a)an energy-related product; or

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

bears the [F1UK] marking, the product is presumed to comply with the applicable implementing measure.

[F2(2) Unless the contrary is proved, where designated standards have been applied to an energy-related product, the product is presumed to comply with the applicable implementing measure to the extent that the designated standards relate to the requirements of that measure.]

(3) Unless the contrary is proved, where an energy-related product has been awarded a community eco-label [F3before IP completion day], the product is presumed to comply with the applicable implementing measure to the extent that the Community eco-label relates to the requirements of that measure.

(4) For the purposes of paragraph (3) “Community eco-label” means 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(1).

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Presumption of conformityN.I.

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

(a)an energy-related product; or

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

bears the CE marking, the product is presumed to comply with the applicable implementing measure.

(2) Unless the contrary is proved, where—

(a)harmonised standards have been applied to an energy-related product; and

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

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

(3) Unless the contrary is proved, where an energy-related product has been awarded a community eco-label, the product is presumed to comply with the applicable implementing measure to the extent that the Community eco-label relates to the requirements of that measure.

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

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Misleading markingsE+W+S

8.—(1) A person must not affix or cause to be affixed any marking to—

(a)an energy-related 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 or form of the [F4UK] marking.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Misleading markingsN.I.

8.—(1) A person must not affix or cause to be affixed any marking to—

(a)an energy-related 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 or form of the CE marking.

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Documentation for inspectionU.K.

9.—(1) A manufacturer, an authorised representative or importer who has placed on the market or put in to service an energy-related product must keep the following available for inspection by the market surveillance authority—

(a)any documentation relevant to the applicable conformity assessment procedure; and

(b)every declaration of conformity.

(2) All documentation and declarations must be kept available for inspection for a period of at least 10 years from the date the product was last manufactured.

(3) Any documentation or declaration must be made available within 10 days of receipt of a request by the market surveillance authority.

(1)

OJ No L 237, 21.9.2000, p, 1.

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