The Ecodesign for Energy-Using Products Regulations 2007

PART 4Notified bodies

Criteria to be met by notified bodies and approvals

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(b)if an approval has been withdrawn or varied.

Function of notified bodies

12.  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.

Obligations and powers of notified bodies

13.—(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).

Power to charge fees

14.—(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.

Appeals against non-conformity notices

15.—(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.

Non-conformity notices

16.—(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).

Information to be supplied to other notified bodies

17.  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.