1 Citation and commencement

These Regulations may be cited as the Ecodesign for Energy-Using Products Regulations 2007 and come into force on 11th August 2007.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see above.

2 Interpretation

2Interpretation

(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—

(a)    in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985; and

(b)    in Northern Ireland, the Department of Enterprise, Trade and Investment;

“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, EN 50294 and EN 60920 mean the Standards issued with those designations by the European Committee for Electromechanical Standardisation.

(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,

have the meaning they bear in that measure or Directive.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

Consumer Law99 Weights & Measures99

3 Restriction on listed products

Part2Restriction on Listed Products, Conformity Assessments, Declarations of Conformity and the CE Conformity Marking 3Restriction on listed products

(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.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

4 Conformity assessments, declarations of conformity and the CE conformity marking

4Conformity assessments, declarations of conformity and the CE conformity marking

(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).

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

5 Authorised representatives and importers

5Authorised representatives and importers

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.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

6 Displays of listed products not restricted

6Displays of listed products not restricted

(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.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

7 Presumption of conformity

Part3Presumption of Conformity, Non-Conformity, Misleading Markings and Documentation 7Presumption of conformity

(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; or

(b)    a label which the Commission determines meets equivalent conditions for such a label.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

8 Non-conformity

8Non-conformity

(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.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

9 Misleading markings

9Misleading markings

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.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

10 Documentation for inspection

10Documentation for inspection

(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.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

11 Criteria to be met by notified bodies and approvals

Part4Notified Bodies 11Criteria to be met by notified bodies and approvals

(1)    A notified body must meet the criteria in Schedule 7.

(2)    A person may make an application in writing to the Secretary of State to be approved as a notified body in respect of one or more listed products.

(3)    If a person meets the criteria in Schedule 7 in respect of a listed product or products, the Secretary of State must in writing approve that person as a notified body in respect of the product or products.

(4)    The Secretary of State may—

(a)    make an approval subject to such limitations or conditions as he sees fit, including the period for which the approval is given;

(b)    withdraw an approval given to a notified body; or

(c)    vary an approval.

(5)    The Secretary of State must inform the Commission—

(a)    of the details of a notified body he has approved and any limitations or conditions attached to that approval; and

(b)    if an approval has been withdrawn or varied.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

12 Function of notified bodies

12Function of notified bodies

The function of a notified body is to determine, within the conformity assessment procedure or procedures applicable to a listed product, that the product conforms to the appropriate product requirements.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

13 Obligations and powers of notified bodies

13Obligations and powers of notified bodies

(1)    In discharging its function, a notified body—

(a)    must comply with the obligations; and

(b)    may exercise the powers,

referred to in Schedule 4 (modules for conformity assessment).

(2)    A notified body must not—

(a)    perform any such obligations; or

(b)    exercise any such powers,

in relation to a listed product if the circumstances in paragraph (3) apply.

(3)    The circumstances referred to in paragraph (2) are where the notified body—

(a)    is the designer, manufacturer, supplier or installer of the product;

(b)    is the authorised representative of such person; or

(c)    is involved directly with any person mentioned in (a) or (b).

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

14 Power to charge fees

14Power to charge fees

(1)    A notified body may charge a fee to a manufacturer, authorised representative or an importer.

(2)    Such a fee must not exceed—

(a)    the costs of the work incurred, or to be incurred—

(i)    to comply with any obligation; or

(ii)    in exercising any power,

relevant to the conformity assessment procedure applicable to a listed product; and

(b)    such amount on account of profit as the notified body believes is reasonable in the circumstances.

(3)    In determining what is reasonable under paragraph (2)(b), a notified body must have regard to—

(a)    the nature and extent of the work; and

(b)    the commercial rate normally charged for such work or similar work.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

15 Appeals against non-conformity notices

15Appeals against non-conformity notices

(1)    A person to whom a non-conformity notice is given by a notified body—

(a)    may give notice of appeal against that notice to the notified body; and

(b)    must be informed of that right in the non-conformity notice.

(2)    The appeal must be heard by the appeal body.

(3)    Subject to paragraph(4), the appeal body is the body agreed by the parties to the appeal.

(4)    If no agreement is reached within a reasonable time, either party may apply in writing to the relevant person who must appoint the appeal body.

(5)    For the purposes of paragraph (3), the relevant person means—

(a)    in England and Wales, the Secretary of State;

(b)    in Scotland, the Scottish Ministers;

(c)    in Northern Ireland, the Department of Enterprise, Trade and Investment.

(6)    Schedule 8 has effect.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

16 Non-conformity notices

16Non-conformity notices

(1)    If a notified body gives a non-conformity notice which has the effect of restricting or prohibiting a listed product from being placed on the market, the notified body must supply a copy of the non-conformity notice as soon as possible to—

(a)    the Secretary of State; and

(b)    the enforcing authority where the person who receives the notice has their principal place of business.

(2)    The Secretary of State must—

(a)    inform the Commission; and

(b)    the appropriate authorities in other member States,

of a notice he receives under paragraph (1).

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

17 Information to be supplied to other notified bodies

17Information to be supplied to other notified bodies

A notified body must supply to other notified bodies information concerning—

(a)    an EC type-examination certificate it has made, including any additional approval to a certificate;

(b)    any withdrawal of such a certificate;

(c)    a conformity assessment procedure it has approved, including any modifications to a procedure;

(d)    any withdrawal of approval of such a procedure;

(e)    an EC design examination certificate it has made, including any addition to a certificate; and

(f)    any withdrawal of such a certificate,

and must supply copies of any relevant documentation if that is requested.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

18 Enforcement

Part5Enforcement 18Enforcement

(1)    An enforcing authority must enforce—

(a)    regulation 3 (restriction on listed products);

(b)    regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);

(c)    regulation 5 (authorised representatives and importers);

(d)    regulation 8 (non-conformity);

(e)    regulation 9 (misleading markings); and

(f)    regulation 10 (documentation for inspection).

(2)    In England and Wales and Scotland, the duty in paragraph (1) applies to the area of the enforcing authority.

(3)    Proceedings for an offence shall be brought—

(a)    in England and Wales and Northern Ireland, only by or on behalf of an enforcing authority;

(b)    in Scotland, by the Procurator Fiscal.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

19 Proceedings before a civil court

19Proceedings before a civil court

If an enforcing authority is of the opinion that proceedings against a person for an offence under Part 6 would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

20 Powers of an enforcing authority and authorisation

20Powers of an enforcing authority and authorisation

(1)    An enforcing authority and persons authorised for the purposes of paragraph (2) have the powers set out in Schedule 9.

(2)    An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf, subject to any limitations or conditions as the enforcing authority sees fit.

(3)    Persons authorised by an enforcing authority in relation to the enforcement of local weights and measures or consumer protection are persons authorised under paragraph (2).

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

21 Appeals against enforcement notices

21Appeals against enforcement notices

(1)    A person on whom an enforcement notice is served—

(a)    may appeal against that notice to the appeal body; and

(b)    must be informed of that right in the notice.

(2)    The appeal body means—

(a)    in England and Wales, the Secretary of State;

(b)    in Scotland, the Scottish Ministers;

(c)    in Northern Ireland, the Planning Appeals Commission.

(3)    Schedule 8 has effect.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

22 Notification of enforcement notices

22Notification of enforcement notices

(1)    Paragraph (2) applies if an enforcing authority—

(a)    serves an enforcement notice which has, or will have, the effect of restricting or prohibiting a listed product from being placed on the market; or

(b)    intends to bring civil proceedings which, if the remedy sought by the enforcing authority is granted by the court, would have that effect.

(2)    Where paragraph (1) applies, the enforcing authority must as soon as possible provide to the Secretary of State—

(a)    a copy of the enforcement notice; or

(b)    details of the civil proceedings it intends to bring.

(3)    The Secretary of State must—

(a)    inform the Commission; and

(b)    the appropriate authorities in other member States,

of a notice or details of intended proceedings received under paragraph (2).

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

23 Offences and penalties in respect of regulations 3 to 5 and 8 to 10

Part6Offences and Penalties 23Offences and penalties in respect of regulations 3 to 5 and 8 to 10

(1)    It is an offence—

(a)    for a person to contravene—

(i)    regulation 3 (restriction on listed products); or

(ii)    regulation 9 (misleading markings);

(b)    for a manufacturer to contravene regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);

(c)    for an authorised representative or an importer of a listed product to contravene regulation 5 (authorised representatives and importers); or

(d)    for a manufacturer, authorised representative or an importer of a listed product to contravene regulation 8 (non-conformity) or 10 (documentation for inspection),

or to cause or permit another person to do so.

(2)    Any person guilty of an offence under paragraph (1) is liable—

(a)    on summary conviction, to a fine not exceeding the statutory maximum;

(b)    on conviction on indictment, to a fine.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

24 Other offences and penalties

24Other offences and penalties

(1)    It is an offence for a person—

(a)    intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or

(b)    knowingly or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with—

(i)    any requirement imposed under the powers in Part 3 to Schedule 9; or

(ii)    any notice given under Part 5 to Schedule 9.

(2)    It is an offence for a person, without reasonable excuse, to fail to—

(a)    comply with any requirement imposed under the powers in Part 3 to Schedule 9;

(b)    provide facilities or assistance reasonably required by an authorised person under those powers; or

(c)    comply with any notice given under Part 5 to Schedule 9;

(3)    It is an offence for a person falsely to pretend to be an authorised person.

(4)    A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)    In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Part 2 to Schedule 9.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

25 Commencement of summary proceedings

25Commencement of summary proceedings

An offence under these Regulations may be tried by summary proceedings if—

(a)    in England and Wales, the information is laid;

(b)    in Northern Ireland, the complaint is made;

(c)    in Scotland, the proceedings are begun,

within twelve months from the date the offence is committed.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

26 Bodies corporate

26Bodies corporate

(1)    Where a body corporate commits an offence under these Regulations and it is proved that the offence—

(a)    is committed with the consent or connivance of a relevant person, or

(b)    is attributable to any neglect on his part,

that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.

(2)    In paragraph (1), “relevant person” means—

(a)    a director, manager, secretary or other similar officer of the corporate body;

(b)    in relation to a body corporate managed by its members, a member of that body performing managerial functions;

(c)    in relation to a Scottish partnership, a partner;

(d)    a person purporting to act as a person described within (a), (b) or (c).

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

27 Remediation orders

27Remediation orders

(1)    This regulation applies to a person convicted of an offence under these Regulations.

(2)    The court may specify in an order (“a remediation order”)—

(a)    the steps that the convicted person must take to remedy any of the matters for which he has been convicted; and

(b)    the period within which those steps must be taken.

(3)    A period specified in a remediation order may be extended if an application is made to the court within that period.

(4)    A convicted person does not continue to be liable under regulation 23 or 24 in respect of the matters covered by a remediation order.

(5)    A remediation order may be made in addition to, or instead of, any other punishment.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

28 Revocations

Part7Revocations 28Revocations

The instruments listed in Schedule 10 are revoked to the extent stated in that Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

Signature

Joan Ruddock

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th July 2007

SCHEDULE 5 Declaration of Conformity

SCHEDULE 5Declaration of Conformity Regulation 4

1

A person who makes a declaration of conformity declares that a listed product to which the declaration relates, conforms to the product requirements for that product.

2

A declaration of conformity—

(a)    must be in writing; and

(b)    may be in respect of more than one listed product.

3

A declaration of conformity must include—

(a)    the name and address of the person making it;

(b)    a description of the model sufficient for unambiguous identification;

(c)    where appropriate—

(i)    the references of the harmonised standards applied;

(ii)    the other technical standards and specifications used; and

(iii)    the reference to other Community legislation, not referred to in paragraph 4, providing for the affixing of the CE mark that is applied; and

(d)    the identification and signature of the individual empowered to bind the person making the declaration.

4

A declaration of conformity must include the title of the implementing measure applicable to a listed product as shown in the following table—

Table of listed products and implementing measures

listed productTitle of implementing measure
1 A boiler or an applianceCouncil Directive 92/42/EEC on efficiency requirements for new hot water boilers fired with liquid or gaseous fuels
2 A refrigerator applianceDirective 96/57/EC of the European Parliament and of the Council on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof
3 A ballast for fluorescent lightingDirective 2000/55/EC of the European Parliament and of the Council on energy efficiency requirements for ballasts for fluorescent lighting
NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

European Union Law92 EU Energy92

SCHEDULE 7 Criteria to be Met by Notified Bodies

SCHEDULE 7Criteria to be Met by Notified Bodies Regulation 11

1

A notified body must act—

(a)    with the highest degree of professional integrity and technical competence;

(b)    free from all pressures and inducements which might influence the decision of the notified body, in particular pressures and inducements—

(i)    which are financial; or

(ii)    from a person with an interest in the decision; and

(c)    with regard to any commercial confidentiality that may be attached to the information supplied to it.

2

A notified body must possess the necessary—

(a)    staff and facilities; and

(b)    equipment, including specialist equipment,

to enable it to perform the obligations and exercise the powers of a notified body in relation to the listed products for which it is approved under regulation 11.

3

The staff of a notified body must be impartial and those who perform tests must have—

(a)    sound technical and professional training;

(b)    satisfactory knowledge and experience of the requirements of the tests;

(c)    the ability to draw up the certificates, records and reports required to authenticate the performance of the tests; and

(d)    remuneration that is not dependent on the number or result of the tests.

4

A notified body must ensure that any other person it engages to assist it to perform any of its obligations or exercise any of its powers meets the criteria in this Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

SCHEDULE 8 Appeals

SCHEDULE 8Appeals Regulations 15 and 21

1

An appeal must be made within two months of the date of, as appropriate, the non-conformity notice or the enforcement notice.

2

In respect of—

(a)    a non-conformity notice, the parties to the appeal may agree a late appeal;

(b)    an enforcement notice, the appeal body may allow a late appeal.

3

Where an appeal is brought, this does not suspend the operation of the notice.

4

On the determination of an appeal, the appeal body may—

(a)    affirm the notice;

(b)    withdraw it;

(c)    make a further notice, whether or not it affirms or withdraws the original notice,

and may do so subject to such conditions as the appeal body sees fit.

5

An appeal body may deal with an appeal in such manner as it sees fit.

NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

SCHEDULE 10 Revocations

SCHEDULE 10Revocations Regulation 28
Statutory Instrument NumberCitationExtent of revocation
SI 1993/3083The Boiler (Efficiency) Regulations 1993All
SI 1994/3083The Boiler (Efficiency) (Amendment) Regulations 1994All
SI 1997/1941The Energy Efficiency (Refrigerators and Freezers) Regulations 1997All
SI 2001/3142The Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001Regulation 11
SI 2001/3316The Energy Efficiency (Ballasts for Fluorescent Lighting) Regulations 2001All
SI 2006/170The Boiler (Efficiency) (Amendment) Regulations 2006All
NOTES
Initial Commencement
Specified date

Specified date: 11 August 2007: see reg 1.

EXPLANATORY NOTE

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 (OJ 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.