United Kingdom Statutory Instruments

"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) 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).

(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) 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.

(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.

(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.

(a) a boiler or an appliance;

(b) a refrigerator appliance;

(c) a ballast for fluorescent lighting,

as defined in this Schedule.

     2. "Implementing measure" in relation to—

(a) "a boiler" means the combined boiler body-burner unit which—


(i) is designed to transmit to water the heat released from burning;

(ii) is fired by liquid or gaseous fuels; and

(iii) has a rated output of no less than 4kW and no more than 400kW;



and

(b) "an appliance" means—



(i) the boiler body designed to have a burner fitted; or

(ii) the burner designed to be fitted to a boiler body.

     2. The following are not within the definition in paragraph 1—

(a) a refrigerator;

(b) a frozen food storage cabinet;

(c) a food freezer; or

(d) a combination of any of (a), (b) or (c),

for household use supplied by mains electricity.

     2. The following are not within the definition in paragraph 1—

(a) a refrigerator appliance manufactured on a one-off basis;

(b) a refrigerator appliance capable of using energy sources apart from mains electricity, in particular accumulators; or

(c) a refrigerator appliance working on the absorption principle.

(a) operated by mains electricity; and

(b) used for fluorescent lighting,

as defined in point 3.4 of European Standard EN 50294.

     2. The following are not within the definition in paragraph 1—

(a) a ballast integrated within a lamp;

(b) a ballast—


(i) designed specifically for a luminaire to be mounted in furniture;

(ii) which forms a non-replaceable part of the luminaire; and

(iii) which cannot be tested separately from the luminaire, according to point 2.1.3 of European Standard 60920;



or

(c) a ballast to be exported from the Community either as a single component or incorporated in a luminaire.

(a) at rated output (that is operating at rated output Pn expressed in kW, at an average boiler-water temperature of 70 degrees C); and

(b) at part load (that is operating at 30 per cent part load, at an average boiler-water temperature which varies according to the type of boiler),

set out in the table in paragraph 2.

     2. The table referred to in paragraph 1—


Useful efficiency requirements

Type of Boiler	Range of power output	Efficiency at rated output		Efficiency at part load
	KW	Average boiler-water temperature expressed in degrees C	Efficiency requirement expressed in percent	Average boiler-water temperature expressed in degrees C	Efficiency requirement expressed in per cent
Standard	4 to 400	70	Greater than or equal to 84+2 log Pn	Greater than or equal to 50	Greater than or equal to 80 + 3 log Pn
Low temperature(¹)	4 to 400	70	Greater than or equal to 87.5+1.5 log Pn	40	Greater than or equal to 87.5 + 1.5 log Pn
Gas condensing	4 to 400	70	Greater than or equal to 91 + 1 log Pn	30(²)	Greater than or equal to 97 + 1 log Pn

⁽¹⁾ Including a condensing boiler using liquid fuels

⁽²⁾ Temperature of boiler water supply

     3. A boiler or an appliance with a dual function of—

(a) heating premises; and

(b) providing sanitary hot water,

must comply with paragraph 1 to the extent of the heating function only.

     4. A boiler which is—

(a) a back-boiler; or

(b) a boiler designed to be installed in the living space,

must be treated as a standard boiler but its efficiency at rated output and part load may be 4 per cent less than shown in the table in paragraph 2.

(a) has more than 2 doors; or

(b) is not described in table 1,

the maximum allowable electricity consumption (Emax) of that appliance as described in columns 1 and 2 of table 2 in paragraph 4, expressed in kWh per 24 hours, is set out in column 3 of that table.

     4. Table 2 referred to in paragraph 3—


Table 2
Requirements for maximum allowable electricity consumption – other appliances

Temperature of the coldest compartment	Category	Emax (kWh/24 hours)
> - 6 degrees C	1/2/3	(0.207 x Vadj + 218) / 365
- 6 degrees C(*)	4	(0.557 x Vadj + 166) / 365
- 12 degrees C(**)	5	(0.402 x Vadj + 219) / 365
- 18 degrees C (***)	6	(0.573 x Vadj + 206) / 365
- 18 degrees C(****)	7	(0.697 x Vadj + 272) / 365

     5. The categories 1 to 7 referred to in column 2 of table 2 are the same categories of refrigerator appliance numbered 1 to 7 referred to in column 1 of table 1.

     6. The following have effect in respect of tables 1 and 2—

Vadj is the value of the adjusted volume (in litres);

Vc is the net volume (in litres) of a given type of compartment in the appliance;

Tc is the design temperature in each compartment (in degrees C);

Fc is a factor which equals—

(a) 1.2 for no-frost compartments; or

(b) 1 for other compartments;

Cc is—

(a) 1 for refrigeration appliances belonging to the normal (N) and subnormal (SN) climate classes;

(b) Xc for refrigeration appliances belonging to the sub-tropical (ST) climate class; or

(c) Yc for refrigeration appliances belonging to the tropical (T) climate class;

Xc and Yc are weighting co-efficients defined in paragraph 8.

     8. The following table defines the co-efficients Xc and Yc referred to in paragraph 7—


Table 3
Table of weighting co-efficients Xc and Yc, according to the temperature of the compartment

	Xc	Yc
Cellar compartment	1.25	1.35
Fresh food compartment	1.20	1.30
0 degrees C compartment	1.15	1.25
1-star (*) compartment	1.12	1.20
2-star (**) compartment	1.08	1.15
3 (***) and 4 (****) star compartments	1.05	1.10

     9. For the purposes of this Part, a manufacturer must establish the electricity consumption of a refrigerator appliance in accordance with European Standard EN 153.

(a) the category of ballast shown in column 1 of table 2 in paragraph 4; and

(b) the lamp power shown for that category in column 2 of table 2,

the maximum input value of a ballast lamp circuit shall be the value shown in column 3 of table 2.

     3. Table 1 referred to in paragraph 1—


Table 1
Categories of ballast

Category	Description
1	Ballast for linear lamp type
2	Ballast for compact 2 tubes lamp type
3	Ballast for compact 4 tubes flat lamp type
4	Ballast for compact 4 tubes lamp type
5	Ballast for compact 6 tubes lamp type
6	Ballast for compact 2 D lamp type

     4. Table 2 referred to in paragraph 2—


Table 2
Maximum input power of a ballast-lamp circuit

Ballast category	Lamp Power		Maximum input power of Ballast-lamp circuits
Column 1	Column 2		Column 3
	50 Hz	HF
1	15W	13.5W	23W
	18W	16W	26W
	30W	24W	38W
	36W	32W	43W
	38W	32W	45W
	58W	50W	67W
	70W	60W	80W
2	18W	16W	26W
	24W	22W	32W
	36W	32W	43W
3	18W	16W	26W
	24W	22W	32W
	36W	32W	43W
4	10W	9.5W	16W
	13W	12.5W	19W
	18W	16.5W	26W
	26W	24W	34W
5	18W	16W	26W
	26W	24W	34W
6	10W	9W	16W
	16W	14W	23W
	21W	19W	29W
	28W	25W	36W
	38W	34W	45W

     5. For a ballast for fluorescent lighting designed for a lamp which falls between two values shown in table 2, the maximum input value of a ballast lamp circuit must be calculated by linear interpolation between the two values of maximum power for the two lamps which are closest in table 2 to the lamp in question.

     6. For the purposes of this Part, a manufacturer must establish the electricity consumption for a ballast for fluorescent lighting in accordance with European Standard EN 50294.

(a) an authorised representative; or

(b) an importer of a listed product,

where such person undertakes some or all of a conformity assessment procedure.

(a) module B with the additional provisions in paragraphs 2 and 3; and

(b) the following as chosen by the manufacturer—


(i) module C and the testing and checking process;

(ii) module D; or

(iii) module E.

     2. The following additional technical documentation must form part of the general technical documentation to be included with the application made under paragraph 2 of module B—

(a) a general type-description;

(b) conceptual design and manufacturing drawings and diagrams of components, sub-assemblies and circuits;

(c) descriptions and explanations necessary for the understanding of the drawings and diagrams and the operation of the product;

(d) results of design calculations made and examinations carried out; and

(e) test reports.

     3. A representative sample of the boiler or appliance, and such further examples as the notified body may request, must be made available to the notified body for examination and testing.

(a) module A with the additional provisions in paragraph 2; and

(b) the electricity consumption procedure described in paragraph 3.

     2. The following additional technical documentation must form part of the general technical documentation to be established under paragraph 1 of module A—

(a) information, including drawings as relevant, on the main design features of the model, in particular on items which appreciably affect its electricity consumption, including dimensions, volume(s), compressor characteristics and special features;

(b) any operating instructions;

(c) the results of electricity consumption procedure carried out under paragraph 3; and

(d) details of the conformity of those results compared with the energy consumption provisions of the product requirements.

     3. The electricity consumption procedure referred to in paragraph 1 means—

(a) if the electricity consumption of a refrigeration appliance is less than or equal to the maximum allowable electricity consumption plus 15% , the manufacturer may make a declaration of conformity; or

(b) if the electricity consumption of a refrigeration appliance is greater than the maximum allowable electricity consumption plus 15% , the manufacturer must test a further three appliances and if the arithmetic mean of the electricity consumptions of those three appliances is—


(i) less than or equal to the maximum allowable electricity consumption plus 10% , the manufacturer may make a declaration of conformity; or

(ii) in excess of the maximum allowable electricity consumption plus 10% , the manufacturer must not make a declaration of conformity.

     4. For the purposes of paragraph 3, a manufacturer must establish the electricity consumption of a refrigerator appliance in accordance with European Standard EN 153.

(a) information, including drawings as relevant, on the main design features of the model, in particular on items which appreciably affect its electricity consumption;

(b) any operating instructions;

(c) the results of electricity consumption measurements carried out in accordance with European Standard EN 50294; and

(d) details of the conformity of the measurements carried out under paragraph (c) compared with the energy consumption provisions of the product requirements.

(a) the manufacturer of a listed product;

(b) an authorised representative;

(c) an importer of a listed product.

     2. In the remaining provisions of this Schedule, references to a manufacturer include—

(a) an authorised representative; or

(b) an importer of a listed product,

(a) the name and address of the manufacturer and, if appropriate, the authorised representative of the manufacturer;

(b) a declaration that an application has not been made to another notified body; and

(c) the general technical documentation.

     3. The notified body must—

(a) examine the general technical documentation;

(b) determine if the type has been manufactured in accordance with that documentation;

(c) carry out tests and examinations to determine whether—


(i) elements designed in accordance with—


(aa) the harmonised standards; or

(bb) equivalent standards,



meet those standards;



and



(ii) elements not so designed conform to the product requirements.

     4. If a notified body is satisfied that the type conforms to the product requirements, it must—

(a) give to the manufacturer an EC type-examination certificate;

(b) annex to that certificate a list of the general technical documentation; and

(c) keep a copy of the certificate and the annexed list of general technical documentation.

     5. An EC type-examination certificate must be in writing and include—

(a) the name and address of the manufacturer;

(b) the conclusions of the tests and examinations referred to in paragraph 3;

(c) any conditions of validity of the certificate; and

(d) the data necessary to identify the approved type.

     6. If a manufacturer makes modifications to a listed product that affect its conformity to the product requirements, the manufacturer must make an application to the notified body that granted the EC type-examination certificate for an additional approval to that certificate.

     7. Where an application is made for an additional approval to a EC type-examination certificate—

(a) the manufacturer must make that application, so far as appropriate, in accordance with paragraph 2; and

(b) the notified body must—


(i) comply with paragraph 3; and

(ii) if it is satisfied that the type continues to conform to the product requirements, comply with paragraph 4 as if reference to an EC type-examination certificate were a reference to an additional approval to that certificate.

     8. Relevant documentation under regulation 10 includes—

(a) the EC type-examination certificate; and

(b) any additional approval.

(a) complies with the type as described in the EC type-examination certificate; and

(b) conforms to the product requirements.

(a) the production of the product; and

(b) the final product inspection and testing.

     2. A quality system is approved if it is approved by a notified body and it meets the following criteria—

(a) it must ensure compliance of a listed product with the type as described in the EC type-examination certificate and that it conforms to the product requirements;

(b) the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions; and

(c) the quality system documentation must—


(i) permit a consistent interpretation of the quality programmes, plan, manual and records; and

(ii) include the matters contained in paragraph 3.

     3. The matters referred to in paragraph 2(c)(ii) are that the quality system documentation contain an adequate description of—

(a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b) the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(c) the examinations and tests that will be carried out before, during and after manufacture and the frequency with which they will be carried out;

(d) the quality records, including inspection reports and test data, calibration data and qualification reports of the personnel concerned; and

(e) the means to monitor the achievement of the required product quality and the effective operation of the quality system.

     4. A manufacturer must apply for approval of his quality system to a notified body and must include in that application—

(a) all relevant information for the product category envisaged;

(b) the documentation concerning the quality system; and

(c) if applicable—


(i) the general technical documentation of the approved type; and

(ii) a copy of the EC type-examination certificate.

     5. Where a notified body receives an application in accordance with paragraph 4, the it must—

(a) determine the application; and

(b) if it is satisfied that the quality system meets the criteria contained or referred to in paragraph 2, the notified body must provide its approval to the manufacturer.

     6. An approval under paragraph 5 must be in writing and include—

(a) the reasons for the decision; and

(b) the conclusions of the examinations and tests.

     7. If a manufacturer intends to modify the approved quality system—

(a) he must inform in writing the notified body that approved the quality system; and

(b) the notified body must determine whether or not the proposed modification requires a re-assessment of the quality system.

     8. If the notified body determines that a re-assessment is required, the procedures in paragraphs 4 to 6 apply in respect of an application for assessment of the quality system as proposed to be modified.

     9. A notified body must carry out—

(a) periodic audits of the quality system of the manufacturer; and

(b) periodic unannounced visits to the premises of the manufacturer,

whose quality system it has approved in order to determine that the manufacturer is maintaining and applying the quality system.

     10. A notified body must inform the manufacturer of the results of the audit and visit by providing written audit and visit reports.

     11. In relation to paragraph 9, a manufacturer must—

(a) allow the notified body access to the locations of manufacture, inspection and testing, and storage;

(b) provide all necessary documentation to the notified body, including—


(i) the documentation concerning the quality system; and

(ii) the quality records, including inspection reports and test data, calibration data and qualification reports of the personnel concerned;



and

(c) in respect of visits by the notified body, carry out or allow the notified body to carry out tests necessary to determine that the quality system is functioning correctly.

     12. Relevant documentation under regulation 10 includes—

(a) the documentation concerning the quality system submitted with an application for approval;

(b) approvals in relation to the quality system;

(c) details of the modifications to the quality system; and

(d) audit and visit reports.

(a) paragraph 3(b); and

(b) in paragraph 11(a), the word "manufacture".

(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 product	Title of implementing measure
1. A boiler or an appliance	Council Directive 92/42/EEC on efficiency requirements for new hot water boilers fired with liquid or gaseous fuels
2. A refrigerator appliance	Directive 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 lighting	Directive 2000/55/EC of the European Parliament and of the Council on energy efficiency requirements for ballasts for fluorescent lighting

(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.

(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.

(a) may enter any premises for the purposes of ensuring that the provisions referred to in regulation 18(1) are being complied with; and

(b) must produce, if so required, a document showing his authority.

     2. The power may be exercised—

(a) at all reasonable hours; or

(b) in an emergency, at any time and if need be by reasonable force.

     3. An authorised person may take with him—

(a) such other persons as he considers necessary, including a constable;

(b) any equipment or materials required for any purpose for which the power of entry is being exercised;

(c) any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.

     4. A person entering unoccupied premises must leave them as effectively secured against unauthorised entry as he found them.

     5. Admission to any premises used only as a private dwelling-house must not be demanded as of right unless—

(a) 24 hours notice of the intended entry has been given to the occupier; or

(b) the entry is in accordance with a warrant.

     6. The reference to "premises" in relation to powers of entry includes any—

(a) place;

(b) caravan, vehicle or trailer;

(c) container;

(d) stall or moveable structure;

(e) ship or aircraft.

(a) that there are reasonable grounds to enter any premises; and

(b) that any of the conditions in paragraph 2 are met,

he may by warrant signed by him authorise an authorised person and any other person to enter the premises, if need be by reasonable force.

     2. The conditions referred to in paragraph 1—

(a) admission to the premises has been refused, or a refusal is expected, and in either case that notice to apply for a warrant has been given to the occupier;

(b) asking for admission, or the giving of such a notice, would defeat the object of the entry;

(c) entry is required urgently;

(d) the premises are unoccupied or the occupier is temporarily absent.

     3. A warrant continues in force for one month.

     4. Reference to a justice of the peace—

(a) in Scotland includes a sheriff;

(b) in Northern Ireland is a reference to a lay magistrate.

(a) carry out any examination or investigation;

(b) take measurements, photographs or recordings;

(c) take samples;

(d) dismantle any thing;

(e) subject any thing to any process or test;

(f) take possession of and detain any thing for so long as may be necessary—


(i) in relation to the exercise of any other powers under this Schedule;

(ii) to ensure that it is not tampered with before its examination is complete; or

(iii) to ensure that it is available for use in any proceedings;



(g) require the production of records or extracts of records and inspect and take copies of such records or extracts;

(h) require any person to afford him facilities and assistance in relation to matters within the control or responsibility of that person.

     2. An authorised person must avoid destruction or damage to the premises or things within it unless that is necessary in the reasonable exercise of his powers.

     3. If a person claims to be entitled to compensation in respect of the exercise of the powers under paragraph 1, such a claim—

(a) in England and Wales, must be referred to the arbitration of a single arbitrator appointed by agreement between the enforcing authority in question and the person who makes the claim or, in default of agreement, appointed by the Secretary of State;

(b) in Scotland, must be referred to the arbitration of an arbiter, appointed by agreement between the enforcing authority in question and the person who makes the claim or, in default of agreement, appointed by the Scottish Ministers; or

(c) in Northern Ireland, must be referred to and determined by the Lands Tribunal for Northern Ireland.

(a) it has acquired any article or substance under the provisions of this Schedule; and

(b) it commences, or causes to be commenced, any proceedings under these Regulations by reason of tests and examinations on such article or substance.

     3. Where paragraph 2 applies, an enforcing authority must if requested to do so, and if it is practicable in the circumstances, allow—

(a) a person who is a party to the proceedings; and

(b) any other person with an interest in the article or substance,

to have that article or substance tested.

     4. An article or substance includes a listed product or any part of it.

(a) state that the enforcing authority is of that opinion;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

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

     4. An enforcement notice may require that a listed product, or elements of it, is withdrawn from the market or from service.

     5. The enforcing authority may withdraw an enforcement notice at any time.

     6. If a person fails to comply with an enforcement notice, the enforcing authority may do what that person was required to do and may recover from him any expenses reasonably incurred in doing so.