Office of Public Sector Information

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—

“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(4).

(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(5),

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(6); 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.