The Ecodesign for Energy-Related Products Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/2617 |
2010 No. 2617
Energy Conservation
The Ecodesign for Energy-Related Products Regulations 2010
Made 27th October 2010
Laid before Parliament 29th October 2010
Coming into force 20th November 2010
The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the environmental aspects of product design and makes these Regulations under the powers conferred by that section.
PART 1
Introductory
Citation and commencement
1. These Regulations may be cited as the Ecodesign for Energy-Related Products Regulations 2010 and come into force on 20th November 2010.
Interpretation
2.—(1) In these Regulations—
“applicable implementing measure” means in relation to an energy-related product mentioned in the left hand column of the table in paragraph 4 of Schedule 1, the implementing measure referred to in the right hand column of that table;
“authorised person” means a person authorised by the market surveillance authority in accordance with regulation 12;
“the Marketing Decision” means Decision No 768/2008/ECof the European Parliament and of the Council on a common framework for the marketing of products and repealing Council Decision 93/465/EEC3; and
“RAMS” means Regulation (EC) No 765/2008of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93 of the European Parliament and of the Council4.
(2) Expressions not defined in paragraph (1) which are used in these Regulations and—
(a)
(a) in an implementing measure;
(b)
(b) in Directive 2009/125/ECof the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products5;
(c)
(c) in RAMS; or
(d)
(d) in the Marketing Decision,
have the meaning they bear in that implementing measure, Directive, RAMS or the Marketing Decision.
PART 2
Restrictions on energy-related products, conformity assessments, declarations of conformity and the CE marking
Restrictions on energy-related products
3.—(1) A manufacturer must not place on the market or put into service an energy-related product unless that product complies with the applicable implementing measure and bears the CE marking.
(2) Schedule 1 (declaration of conformity) has effect.
Conformity assessments, declarations of conformity and the CE marking
4.—(1) A manufacturer must not place on the market or put into service an energy-related product unless that manufacturer complies with—
(a)
(a) paragraph (2); or
(b)
(b) equivalent provisions under the laws of another member State or EEA State.
(2) Compliance with this paragraph means that the manufacturer—
(a)
(a) has assessed whether an energy-related product complies with the applicable implementing measure; and
(b)
(b) if the assessment is that the product complies, has—
(i) made a declaration of conformity; and
(ii) affixed the CE marking visibly, legibly and indelibly to the product, the packaging or documentation that accompanies that product.
(3) Schedule 2 (CE marking) has effect.
Authorised representatives and importers
5.—(1) An authorised representative or importer of an energy-related product must not place on the market or put into service an energy-related product unless—
(a)
(a) the manufacturer of the product has complied with regulation 4(1); or
(b)
(b) the authorised representative or importer complies with regulation 4(2) to the extent that the manufacturer has not complied with it.
Displays of energy related products not restricted
6.—(1) Regulations 3, 4 and 5 do not prevent the display of an energy-related product if—
(a)
(a) that product; or
(b)
(b) the packaging or documentation that accompanies it,
bears a visible indication that the product must not be placed on the market unless it complies with the applicable implementing measure.
(2) For the purposes of paragraph (1), the display of an energy-related product includes its display at trade fairs, exhibitions and demonstrations.
PART 3
Presumption of conformity, misleading markings and documentation
Presumption of conformity
7.—(1) Unless the contrary is proved, where—
(a)
(a) an energy-related product; or
(b)
(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)
(a) harmonised standards have been applied to an energy-related product; and
(b)
(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 1980/2000of the European Parliament and of the Council on a revised Community eco-label award scheme6.
Misleading markings
8.—(1) A person must not affix or cause to be affixed any marking to—
(a)
(a) an energy-related product; or
(b)
(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.
Documentation for inspection
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)
(a) any documentation relevant to the applicable conformity assessment procedure; and
(b)
(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.
PART 4
Authorities and appeals
Notifying authority, competent authority and market surveillance authority
10.—(1) For the purposes of Article R 2(8) and R 2(9) of Annex I to the Marketing Decision the competent national authority is the Secretary of State.
(2) For the purposes of Article R(14) to R(28) of Annex I to the Marketing Decision the notifying authority is the Secretary of State.
(3) For the purposes of Article 2(18) of RAMS the market surveillance authority is the Secretary of State.
Appeals
11. Schedule 3 (appeals) has effect.
PART 5
Enforcement
12. The market surveillance authority may authorise in writing such persons who appear suitable to act on its behalf to carry out any functions and to exercise any power conferred by RAMS, subject to any limitations or conditions as it sees fit.
13. The following have effect—
(a) Schedule 4 (warrants and testing costs); and
(b) Schedule 5 (civil sanctions).
PART 6
Offences and Penalties
Offences and penalties
14.—(1) It is an offence for any person to contravene, or cause or permit another person to contravene, any of regulations 3 to 5, 8 or 9.
(2) Any person guilty of an offence under paragraph (1) is liable—
(a)
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b)
(b) on conviction on indictment, to a fine.
Obstruction etc.
15.—(1) It is an offence for any person—
(a)
(a) intentionally to obstruct an authorised person acting in the pursuance of their powers or duties under RAMS;
(b)
(b) knowingly or recklessly to make a statement which is false or misleading in purported compliance with any requirement imposed by Article 19 of RAMS.
(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Schedule 4.
Time limit for prosecution of offences
16.—(1) An offence under these Regulations may be tried by summary proceedings if—
(a)
(a) in England and Wales, the information is laid;
(b)
(b) in Northern Ireland, the complaint is made; or
(c)
(c) in Scotland, the proceedings are begun,
before the end of the period of 12 months beginning on the day after the date on which evidence which the market surveillance authority thinks is sufficient to justify the proceedings comes to the market surveillance authority’s knowledge.
(2) For the purposes of paragraph (1)—
(a)
(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the market surveillance authority’s knowledge is to be conclusive evidence of that fact; and
(b)
(b) a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the...
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