The Ecodesign for Energy-Using Products Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement requirements of 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 (O.J. No. L191, 22.7.2005, p. 29).

Regulation 3 provides that a product listed in Schedule 1 to these Regulations may not be put on the market unless it conforms to the product requirements set out in Schedule 2.

Regulation 4 requires a manufacturer of a listed product to assess that the product conforms to the product requirements, provides for the conformity assessment procedures in Schedules 4 to 6 and provides for affixing the CE conformity marking. Regulation 5 imposes similar requirements on authorised representatives and on importers of listed products.

Regulation 6 provides that the restriction in regulation 3 does not apply to certain displays of listed products.

Regulation 7 sets out presumptions in relation to a listed product.

Regulation 8 sets out requirements on a manufacturer, authorised representative or importer of a listed product if they become aware that a listed product they have put on the market does not conform to the product requirements.

Regulation 9 prohibits affixing markings on listed products that may mislead a person to believe they conform to the product requirements.

Regulation 10 provides for the documentation that a manufacturer, authorised representative or importer of a listed product must keep.

Regulation 11 provides for the criteria to be met by, and the approval of, notified bodies. Regulation 12 sets out the function of notified bodies and regulation 13 their obligations and powers in performing that function. Regulation 14 provides for notified bodies to charge fees.

Regulation 15 provides for appeals against non-conformity notices given by notified bodies and regulation 16 for procedures after such notices are given.

Regulation 17 sets out the information to be shared between notified bodies.

Regulation 18 provides for the enforcement of provisions of these Regulations by enforcing authorities. These are defined in regulation 2 as local weights and measures authorities in England and Wales and Scotland and the Department of Enterprise, Trade and Investment in Northern Ireland.

Regulation 19 provides for enforcing authorities to take civil proceedings and regulation 20 provides for the powers of enforcement of enforcing authorities as set out in Schedule 9.

Regulation 21 provides for appeals against enforcement notices and regulation 22 for procedures after such notices are given.

Regulations 23 and 24 set out offences and penalties, regulation 25 provides for the commencement of summary proceedings, regulation 26 sets out matters in relation to offences by persons involved with corporate bodies and regulation 27 allows a court to make a remediation order in respect of a person convicted of an offence under these Regulations.

Regulation 28 provides for revocation of existing instruments as listed in Schedule 10.

Schedule 1 defines listed products.

Schedule 2 sets out the product requirements for listed products, Schedule 3 sets out the various conformity assessment procedures that apply to listed products and Schedule 4 sets out the modules of conformity assessment.

Schedule 5 sets out matters relating to the declaration of conformity and Schedule 6 provides for the affixing of the CE conformity marking.

Schedule 7 sets out the criteria to be met by notified bodies.

Schedule 8 provides for matters in relation to appeals against non-conformity notices and enforcement notices.

Schedule 9 provides for the powers of enforcing authorities.

Schedule 10 lists the instruments revoked.

A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector, and a transposition note, are available from Environment, Business and Consumers Division, Department for Environment, Food and Rural Affairs, 5th Floor, Ergon House, Horseferry Road, London SW1P 2AL and at www.defra.gov.uk/environment/consumerprod/pdf/energy-products-regs-guide.pdf. Copies have been placed in the library of each House of Parliament.