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The Ecodesign for Energy-Using Products Regulations 2007

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This is the original version (as it was originally made).

CHAPTER 4Notified bodies and non-conformity

12.  Where a notified body determines that a listed product does not conform, or will not conform, to the product requirements, it must, subject to paragraph 13, request the manufacturer to provide such further information or to take such additional steps that it believes are necessary to demonstrate conformity.

13.  If—

(a)no such further information or steps are possible; or

(b)such information or steps do not demonstrate conformity,

the notified body must give the manufacturer a non-conformity notice.

14.  “A non-conformity notice” means a written notice that—

(a)states that the notified body is not satisfied that a listed product conforms, or will conform, to the product requirements; and

(b)gives details of the non-conformity.

15.  Where a notified body has given a non-conformity notice and prior to that notice has given to the manufacturer —

(a)an EC type-examination certificate or an EC design examination certificate; or

(b)an approval to a quality assurance procedure under modules D or E,

the notified body must state in the non-conformity notice if, and the extent to which, the giving of the notice withdraws a certificate or approval, including any additions or modifications to a certificate or approval.

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