FRAMEWORK FOR THE SETTING OF ECODESIGN REQUIREMENTS FOR ENERGY- RELATED PRODUCTS REGULATIONS

SUBSIDIARY LEGISLATION 427.64

FRAMEWORK FOR THE SETTING OF

ECODESIGN REQUIREMENTS FOR ENERGY-

RELATED PRODUCTS REGULATIONS

11th August, 2007

LEGAL NOTICE 347 of 2007, as amended by Legal Notices 217 of 2009,

224 and 433 of 2010, and 93 of 2011.

(1) The title of these regultions is the Framework for the

Setting of Ecodesign Requirements for Energy-Related Products

Regulations.

(2) These regulations implement the requirements of Directive

2009/125/EC of the European Parliament and of the Council of 21

October 2009 establishing a framework for the setting of eco

design requirements for energy related products, hereinafter

referred to as "the Directive".

(3) These regulations shall be read and construed with each of

the regulations listed in regulation 2(2) but separately from the

other regulations in the said list.

(4) These regulations and the implementing measures shall be

without prejudice to Community waste management legislation and

Community chemicals legislation, including Community

legislation on fluorinated greenhouse gases.

(5) A product which does not comply with these regulations

shall be deemed an unsafe product within the meaning of the

Product Safety Act.

(6) The Directorate shall be the competent authority as regards

Articles 3(4), 7(7) and 13(3) of the Directive.

(1) These regulations provide for the setting of

requirements which energy-related products covered by

implementing measures must fulfil in order for them to be placed

on the market or put into service. They contribute to sustainable

development by increasing energy efficiency and the level of

protection of the environment, while at the same time increasing

the security of the energy supply.

(2) These regulations shall apply to the following energy using

products

(a) products within the meaning of Commission

Regulation (EC) No 1275/2008 of 17 December 2008

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for standby and off mode

electric power consumption of electrical and electronic

household and office equipment;

(b) products

within

the

meaning

of

Commission

FRAMEWORK FOR THE SETTING OF ECODESIGN

REQUIREMENTS FOR ENERGY-RELATED PRODUCTS

Regulation (EC) No 107/2009 of 4 February 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for simple set-top boxes;

(c) products within the meaning of Commission

Regulation (EC) No 244/2009 of 18 March 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for non-directional household

lamps;

(d) products within the meaning of Commission

Regulation (EC) No 245/2009 of 18 March 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for fluorescent lamps without

integrated ballast, for high intensity discharge lamps,

and for ballasts and luminaries able to operate such

lamps, and repealing Directive 2000/55/EC of the

European Parliament and of the Council;

(e) products within the meaning of Commission

Regulation (EC) No 278/2009 of 6 April 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for no-load condition electric

power consumption and average active efficiency of

external power supplies;

(f)

hot-water boilers within the meaning of the Efficiency

Requirements for New Hot-Water Boilers Fired with

Liquid or Gaseous Fuels (Implementing Measures)

Regulations;

(g) products within the meaning of Commission

Regulation (EC) No 640/2009 of 22 July 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for electric motors;

(h) products within the meaning of Commission

Regulation (EC) No 641/2009 of 22 July 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for glandless standalone

circulators and glandless circulators integrated in

products;

(i)

products within the meaning of Commission

Regulation (EC) No 642/2009 of 22 July 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for televisions;

(j)

products within the meaning of Commission

Regulation (EC) No 643/2009 of 22 July 2009

implementing Directive 2005/32/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for household refrigerating

appliances;

(k) products within the meaning of Commission

Regulation (EC) No 1015/2010 of 10 November 2010

implementing Directive 2009/125/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for household washing

machines;

(l)

products within the meaning of Commission

Regulation (EC) No 1016/2010 of 10 November 2010

implementing Directive 2009/125/EC of the European

Parliament and of the Council with regard to

ecodesign requirements for household dishwashers.

(3) These regulations shall not apply to means of transport for

persons and goods.

For the purposes of these regulations, the following

definitions shall apply

"authorised representative" means any natural or legal person

established in the Community who has received a written mandate

from the manufacturer to perform on his behalf all or part of the

obligations and formalities connected with these regulations or the

Directive;

"the Community" means the European Community;

"components and sub-assemblies" means parts intended to be

incorporated into products, and which are not placed on the market

and, or put into service as individual parts for end users or the

environmental performance of which cannot be assessed

independently;

"the Directorate" means the Regulatory Affairs Directorate of the

Malta Standards Authority, as established by virtue of the Malta

Standards Authority (Establishment of Directorates) Order;

"ecodesign" means the integration of environmental aspects into

product design with the aim of improving the environmental

performance of the product throughout its whole life cycle;

"ecodesign requirement" means any requirement in relation to an

product, or the design of a product, intended to improve its

environmental performance, or any requirement for the supply of

information with regard to the environmental aspects of a product;

"ecological profile" means a description, in accordance with the

implementing measure applicable to the product, of the inputs and

outputs (such as materials, emissions and waste) associated with a

product throughout its life cycle which are significant from the

point of view of its environmental impact and are expressed in

physical quantities that can be measured;

"energy recovery" means the use of combustible waste as a

means to generate energy through direct incineration with or

without other waste but with recovery of the heat;

"energy-related product", hereinafter referred to as a "product",

means any good that has an impact on energy consumption during

use which is placed on the market and, or put into service, and

includes parts intended to be incorporated into energy-related

products covered by this Directive which are placed on the market

and, or put into service as individual parts for end-users and of

which the environmental performance can be assessed

independently;

"environmental aspect" means an element or function of a

product that can interact with the environment during its life cycle;

"environmental impact" means any change to the environment

wholly or partially resulting from a product during its life cycle;

"environmental performance" of a product means the results of

the manufacturer’s management of the environmental aspects of the

product, as reflected in its technical documentation file;

"generic ecodesign requirement" means any ecodesign

requirement based on the ecological profile as a whole of a product

without set limit values for particular environmental aspects;

"harmonised standard" means a technical specification adopted

by a recognised standards body under a mandate from the

Commission, in accordance with the procedure laid down in

Directive 98/34/EC of the European Parliament and of the Council

of 22nd June 1998 laying down a procedure for the provision of

information in the field of technical standards and regulations * , for

the purpose of establishing a European requirement, compliance

with which is not compulsory;

"hazardous waste" means any waste which is covered by Article

1(4) of Council Directive 91/689/EEC of 12th December 1991 on

hazardous waste † ;

"implementing measures" are measures adopted pursuant to the

Directive laying down eco-design requirements for defined

products or for environmental aspects thereof. For the purpose of

these regulations "implementing measures" are listed in regulation

2(2);

"importer" means any natural or legal person established in the

Community who places a product from a third country on the

Community market in the course of his business;

"improvement of the environmental performance" means the

process of enhancing the environmental performance of a product

over successive generations, although not necessarily in respect of

all environmental aspects of the product simultaneously;

"life cycle" means the consecutive and interlinked stages of a

product from raw material use to final disposal;

"manufacturer" means the natural or legal person who

m an ufactures products covered by t hese regulation s and i s

responsible for their conformity with these regulations in view of

*OJ No. L 204, 21-07-1998, p. 37. As last amended by the 2003 Act of Accession.

†OJ No. L 377, 31-12-1991, p. 20. Directive as amended by Directive 94/31/EC (OJ

No. L 168, 02-07-1994, p. 28).

their being placed on the market or put into service under the m

nufacturer’s own name or t rademark or for the manufacturer’s own

use. In the absence of a manufacturer as defined herein or of an

importer as defined in this regulation, any natural or legal person

who places on the market and, or puts into service products covered

by these regulations shall be considered a manufacturer;

"materials" means all materials used during the life cycle of a

product;

"notified body" means a body designated by the competent

national administration of a Member State in accordance with these

regulations and the respective implementing measure;

"OJ" means the Official Journal of the European Communities;

"placing on the market" means making a product available for

th e f i r st ti m e o n t h e C o m m u n i t y m ar k et w i t h a v ie w to i t s

distribution or use within the Community whether for reward or

free of charge and irrespective of the selling technique;

"product design" means the set of processes that transform legal,

technical, safety, functional, market or other requirements to be met

by a product into the technical specification for that product;

"putting into service" means the first use of a product for its

intended purpose by an end user in the Community;

"recovery" means any of the applicable operations provided for

in Annex II B to Directive 2006/12/EC of the European Parliament

and of the Council of 5 April 2006 on waste * ;

"recycling" means the reprocessing in a production process of

waste materials for the original purpose or for other purposes but

excluding energy recovery;

"reuse" means any operation by which a product or its

components, having reached the end of their first use, are used for

the same purpose for which they were conceived, including the

continued use of a product which is returned to a collection point,

distributor, recycler or manufacturer, as well as reuse of a product

following refurbishment;

"specific ecodesign requirement" means a quantified and

measurable ecodesign requirement relating to a particular

environmental aspect of a product, such as energy consumption

during use, calculated for a given unit of output performance;

"waste" means any substance or object in the categories set out in

Sch edul e I to th e Waste Manag emen t ( Per m it and Con tr ol)

Regulations, which the holder discards or intends or is required to

discard.

(1) Products may be placed on the market or put into

service only if they comply with the corresponding implementing

measures and bear the CE marking in accordance with regulation 5.

(2) The placing on the market and, or putting into service of a

product that complies with all the relevant provisions of the

*OJ No. L 396, 30-12-2006, p.1.

applicable implementing measure and bears the CE marking in

accordance with regulation 5 shall not be prohibited, restricted or

impeded, on grounds of eco-design requirements relating to those

eco-design parameters referred to Schedule I, Part 1.

(3) The placing on the market or putting into service of a

product bearing the CE marking in accordance with regulation 5

shall not be prohibited, restricted or impeded, on grounds of

ecodesign requirements relating to those ecodesign parameters

r ef er r e d t o i n S c h ed u l e I , P a r t 1 , f o r w h i ch t h e ap p l i ca b l e

implementing measure provides that no ecodesign requirement is

necessary.

(4) The display of products which are not in conformity with

the provisions of the applicable implementing measure, for

example at trade fairs, exhibitions and demonstrations, shall not be

prevented, provided that there is a visible indication that they may

not be placed on the market or put into service until brought into

conformity.

(5) Where the manufacturer is not established in the

Community and in the absence of an authorised representative, the

importer shall have the following obligations

(a) to ensure that the product placed on the market and, or

put into service complies with these regulations and

the applicable implementing measure; and

(b) to keep and make available the EC declaration of

conformity and the technical documentation

(1) Before a product covered by implementing measures is

placed on the market or put into service, a CE conformity marking

shall be affixed and an EC type declaration of conformity issued

whereby the manufacturer or its authorised representative ensures

and declares that the product complies with all relevant provisions

of the applicable implementing measure.

(2) The CE conformity marking consists of the initials "CE" as

shown in Schedule II.

(3) The EC type declaration of conformity shall contain the

elements specified in Schedule III, and shall refer to the

appropriate implementing measure.

(4) The affixing of markings on a product which are likely to

mislead users as to the meaning or form of the CE marking shall be

prohibited.

(1) Before placing a product covered by implementing

measures on the market or putting such a product into service, the

manufacturer or its authorised representative shall ensure that an

assessment of the product’s conformity with all the relevant

requirements of the applicable implementing measure is carried

out.

(2)

(a) The conformity assessment procedures shall be

specified by the corresponding implementing

measures.

(b) Implementing measures may refer to the following

conformity assessment modules

(i)

the internal design control set out in Schedule

IV, and the management system set out in

Schedule V; or

(ii) a module described in Annex II to Decision 768/

2008/EC * .

(c) Where the Director of Market Surveillance has strong

indications of probable non-compliance of a product,

he shall immediately inform the Directorate who shall

as soon as possible publish a substantiated assessment

of the product’s compliance which may be conducted

by a notified body, in order to allow, if appropriate,

timely corrective action, if any.

(d) Where a product covered by implementing measures is

designed by an organisation registered in accordance

with Regulation (EC) No. 761/2001 of the European

Parliament and of the Council of 19th March 2001

allowing voluntary participation by organisations in a

Community Eco Management and Audit Scheme

(EMAS) † and the design function is included within

the scope of that registration, the management system

of that organisation shall be presumed to comply with

the requirements of Schedule V.

(e) If a product covered by implementing measures is

designed by an organisation having a management

system which includes the product design function and

which is implemented in accordance with harmonised

standards the reference numbers of which have been

published in the OJ, that management system shall be

presumed to comply with the corresponding

requirements of Schedule V.

(3)

(a) After placing a product covered by implementing

measures on the market or putting it into service, the

manufacturer or its authorised representative shall

keep relevant documents relating to the conformity

assessment performed and declarations of conformity

issued available for inspection for a period of ten years

after the last of that product has been manufactured.

(b) The relevant documents shall be made available within

ten days upon receipt of a request by the Director of

Market Surveillance.

(4) Documents relating to the conformity assessment and

declaration of conformity referred to in regulation 5 shall be drawn

up in one of the official languages of the institutions of the

European Union.

*O.J. No. L 218, 13-08-2008, p 82

†O.J. No. L 114, 24-04-2001, p 1

(1) A product bearing the CE marking referred to in

regulation 5 shall be regarded as conforming to the relevant

provisions of the applicable implementing measure.

(2) A product for which harmonised standards have been

applied, the reference numbers of which have been published in the

OJ, shall be regarded as conforming to all the relevant requirements

of the applicable implementing measure to which such standards

relate.

(3) Products which have been awarded the Community eco-

label pursuant to Regulation (EC) No. 1980/2000 shall be presumed

to comply with the ecodesign requirements of the applicable

implementing measure insofar as those requirements are met by the

eco-label.

(1) When required by an implementing measure,

manufacturers or their authorised representatives who place

components and sub-assemblies on the market or put them into

service shall provide the manufacturer of a product covered by

implementing measures with relevant information on the material

composition and the consumption of energy, materials or resources

of the components or sub-assemblies.

(2) In accordance with the applicable implementing measure,

manufacturers of products shall ensure, in the form they deem

appropriate, that consumers of products are provided with

(a) the requisite information on the roles that they can

play in the sustainable use of the product, and

(b) when required by the implementing measures, the

ecological profile of the product and the benefits of

ecodesign.

Where implementing measures require the supply of

information, as referred to in regulation 8(1) or Schedule I Part 2,

b y t h e m a n u f a ct u r e r o r i t s a u t h o r i s ed r e p r e s en t a t i v e , s u c h

requirements shall be proportionate and shall take into account the

legitimate confidentiality of commercially sensitive information.

(1) Where it is ascertained that a product bearing the CE

marking referred to in regulation 5 and used in accordance with its

intended use does not comply with all the relevant provisions of the

applicable implementing measure, the manufacturer or its

authorised representative shall be obliged to make the product

comply with the provisions of the applicable implementing

measure or with the CE marking and to end the infringement under

conditions imposed by the Director of Market Surveillance.

(2) Where there is sufficient evidence that a product might be

non-compliant, the Director of Market Surveillance shall take the

necessary measures which, depending on the gravity of the non-

compliance, can go as far as the prohibition of the placing on the

market of the product until compliance is established.

(3) Where non-compliance continues, the Director of Market

Surveillance shall take a decision restricting or prohibiting the

placing on the market or putting into service of the product in

question or ensure that it is withdrawn from the market.

(4)

(a) Any decision by the Director of Market Surveillance

p u r s u a n t t o t h es e r e g u l a t i o n s w h i c h r e s t r i c t s o r

prohibits the placing on the market or putting into

service of a product shall state the exact grounds on

which it is based and the Director of Market

Surveillance shall so inform the Directorate thereof.

(b) The Director of Market Surveillance shall forthwith

notify the decision to the party concerned, who shall at

the same time be informed of the legal remedies

available under the laws in force in Malta concerned

and of the time limits to which such remedies are

subject.

(5) The Director of Market Surveillance shall immediately

inform the Directorate of any decision taken pursuant to regulation

10(1), and in particular, whether non-compliance is due to

(a) failure to satisfy the requirements of the applicable

implementing measure;

(b) incorrect application of harmonised standards;

(c) shortcomings in the harmonised standards.

(6) The Directorate shall immediately inform the Commission

of any measures taken in pursuance of subregulations (1) to (5).

The Method for Designating Conformity Assessment

Bodies Regulations, as applied to these regulations and the

corresponding implementing measure, shall set out the conditions

for the recognition of competence and the subsequent approval of

notified bodies.

The penalties as provided by the Product Safety Act shall

apply in respect of the infringement of these regulations.

FRAMEWORK FOR THE SETTING OF ECODESIGN

REQUIREMENTS FOR ENERGY-RELATED PRODUCTS

Substituted by

Schedule I

L.N. 433 of 2010.

Based on Annex I of the Directive

METHOD FOR SETTING GENERIC

ECODESIGN REQUIREMENTS

(Referred to in regulations 4 and 9)

Generic ecodesign requirements aim at improving the environmental performance

of products, focusing on significant environmental aspects thereof without setting

limit values. The method referred to in this Schedule must be applied when it is not

appropriate to set limit values for the product group under examination. The

Commission must, when preparing a draft implementing measure to be submitted to

the Committee referred to in Article 19(1) of the Directive, identify significant

environmental aspects which must be specified in the implementing measure.

In preparing implementing measures laying down generic ecodesign requirements

pursuant to Article 15 of the Directive and Schedule I, the Commission must

identify, as appropriate to the product covered by the implementing measure, the

relevant ecodesign parameters from among those listed in Part 1, the information

supply requirements from among those listed in Part 2 and the requirements for the

manufacturer listed in Part 3.

Part 1. Ecodesign parameters for energy-using products

1.1. In so far as they relate to product design, significant environmental aspects

must be identified with reference to the following phases of the lifecycle of the

product

(a) raw material selection and use;

(b) manufacturing;

(c) packaging, transport, and distribution;

(d) installation and maintenance;

(e) use; and

(f)

end of life, meaning the state of a product having reached the end of its

first use until its final disposal.

1.2. For each phase, the following environmental aspects must be assessed where

relevant

(a) predicted consumption of materials, of energy and of other resources

such as fresh water;

(b) anticipated emissions to air, water or soil;

(c) anticipated pollution through physical effects such as noise, vibration,

radiation, electromagnetic fields;

(d) expected generation of waste material; and

(e) possibilities for reuse, recycling and recovery of materials and/or of

energy, taking into account Directive 2002/96/EC * .

1.3. In particular, the following parameters must be used, as appropriate, and

supplemented by others, where necessary, for evaluating the potential for improving

the environmental aspects referred to in point 1.2

*O.J. No. L 218, 13-08-2008, p 82

FRAMEWORK FOR THE SETTING OF ECODESIGN

REQUIREMENTS FOR ENERGY-RELATED PRODUCTS

(a) weight and volume of the product;

(b) use of materials issued from recycling activities;

(c) consumption of energy, water and other resources throughout the life

cycle;

(d) use of substances classified as hazardous to health and/or the

environment according to Council Directive 67/548/EEC of 27th June

1967 on the approximation of laws, regulations and administrative

provisions relating to the classification, packing and labelling of

dangerous substances * and taking into account legislation on the

marketing and use of specific substances, such as Council Directives

76/769/ EEC † of 27 July 1976 on the approximation of the laws,

regulations and administrative provisions of the Member States relating

to restrictions on the marketing and use of certain dangerous substances

and preparations or Directive 2002/95/EC ‡ ;

(e) quantity and nature of consumables needed for proper use and

maintenance;

(f)

ease for reuse and recycling as expressed through: number of materials

and components used, use of standard components, time necessary for

disassembly, complexity of tools necessary for disassembly, use of

component and material coding standards for the identification of

components and materials suitable for reuse and recycling (including

marking of plastic parts in accordance with ISO standards), use of

easily recyclable materials, easy access to valuable and other recyclable

components and materials; easy access to components and materials

containing hazardous substances;

(g) incorporation of used components;

(h) avoidance of technical solutions detrimental to reuse and recycling of

components and whole appliances;

(i)

extension of lifetime as expressed through: minimum guaranteed

lifetime, minimum time for availability of spare parts, modularity,

upgradeability, reparability;

(j)

amounts of waste generated and amounts of hazardous waste generated;

(k) emissions to air (greenhouse gases, acidifying agents, volatile organic

compounds, ozone depleting substances, persistent organic pollutants,

heavy metals, fine particulate and suspended particulate matter) without

prejudice to Directive 97/68/EC of the European Parliament and of the

Council of 16th December 1997 relating to measures against the

emission of gaseous and particulate pollutants from internal combustion

engines to be installed in non road mobile machinery § ;

(l)

emissions to water (heavy metals, substances with an adverse effect on

the oxygen balance, persistent organic pollutants); and

(m) emissions to soil (especially leakage and spills of dangerous substances

during the use phase of the product, and the potential for leaching upon

its disposal as waste).

*O.J. No. L 114, 24-04-2001, p 1.

†OJ No. L262, 27-09-1976, p. 201-203.

‡OJ No. L037, 13-02-2003, p. 19-23.

§OJ No. L59, 27-02-1998, p. 1. Directive as last amended by Directive 2004/26/EC (OJ NO. L146, 30-04-

FRAMEWORK FOR THE SETTING OF ECODESIGN

REQUIREMENTS FOR ENERGY-RELATED PRODUCTS

Part 2. Requirements relating to the supply of information

Implementing measures may require information to be supplied by the

manufacturer that may influence the way the product is handled, used or recycled by

parties other than the manufacturer. This information may include, where applicable

(a) information from the designer relating to the manufacturing process;

(b) information for consumers on the significant environmental

characteristics and performance of a product, accompanying the product

when it is placed on the market to allow consumers to compare these

aspects of the products;

(c) information for consumers on how to install, use and maintain the

product in order to minimise its impact on the environment and to

ensure optimal life expectancy, as well as on how to return the product

at end of life, and, where appropriate, information on the period of

availability of spare parts and the possibilities of upgrading products;

and

(d) information for treatment facilities concerning disassembly, recycling,

or disposal at end of life.

Information should be given on the product itself wherever possible.

This information must take into account the obligations under the other

Community legislation, such as Directive 2002/96/EC.

Part 3. Requirements for the manufacturer

1. Addressing the environmental aspects identified in the implementing

measure as capable of being influenced in a substantial manner through product

design, manufacturers of products must perform an assessment of the product model

throughout its lifecycle, based upon realistic assumptions about normal conditions

and purposes of use. Other environmental aspects may be examined on a voluntary

basis.

On the basis of this assessment manufacturers will establish the product’s

ecological profile. It will be based on environmentally relevant product

characteristics and inputs/outputs throughout the product life cycle expressed in

physical quantities that can be measured.

2. Manufacturers must make use of this assessment to evaluate alternative

design solutions and the achieved environmental performance of the product against

benchmarks.

The benchmarks must be identified by the Commission in the implementing

measure on the basis of information gathered during the preparation of the measure.

The choice of a specific design solution will achieve a reasonable balance between

the various environmental aspects and between environmental aspects and other

relevant considerations, such as safety and health, technical requirements for

f u nc ti o n al i ty, q u al i ty, a nd p er f o r m an ce , an d e co n om i c a sp ec ts , i n cl u d in g

manufacturing costs and marketability, while complying with all relevant legislation.

FRAMEWORK FOR THE SETTING OF ECODESIGN

REQUIREMENTS FOR ENERGY-RELATED PRODUCTS

Schedule II

Amended by

L.N. 433 of 2010

Based on Annex III of the Directive

CE MARKING

(Referred to in regulation 5)

The CE conformity marking shall consist of the initials ‘CE’ taking the following

The CE marking must have a height of at least 5 mm. If the CE marking is reduced

or enlarged the proportions given in the above graduated drawing must be respected.

The CE marking must be affixed visibly, legibly and indelibly to the product.

Where t his is n ot p ossi ble, it must be aff ixed to t he packagi ng and to the

accompanying documents.

Schedule III

Based on Annex VI of the Directive

DECLARATION OF CONFORMITY

(Referred to in regulation 5(3))

The EC declaration of conformity must contain the following elements

1. the name and address of the manufacturer or of its authorised representative;

2. a description of the model sufficient for unambiguous identification;

3. where appropriate, the references of the harmonised standards applied;

4. where appropriate, the other technical standards and specifications used;

5. where appropriate, the reference to other Community legislation providing

for the affixing of the CE mark that is applied;

6. identification and signature of the person empowered to bind the

manufacturer or its authorised representative.

Substituted by

Schedule IV

L.N. 433 of 2010.

Based on Annex IV of the Directive

INTERNAL DESIGN CONTROL

(Referred to in regulation 6)

1. This Schedule describes the procedure whereby the manufacturer or its

authorised representative who carries out the obligations laid down in section 2 of

t hi s S ch ed u l e en su r es an d d ec la r es t ha t t h e pr o d uc t sa t is fi es t h e r el ev an t

requirem ents of the app licable im plementing m easure. T he declar ati on of

conformity may cover one or more products and must be kept by the manufacturer.

2. A technical documentation file making possible an assessment of the

conformity of the product with the requirements of the applicable implementing

measure will be compiled by the manufacturer.

The documentation must contain, in particular

(a) a general description of the and of its intended use;

(b) the results of relevant environmental assessment studies carried out by

the manufacturer, and/or references to environmental assessment

literature or case studies, which are used by the manufacturer in

evaluating, documenting and determining product design solutions;

(c) the ecological profile, where required by the implementing measure;

(d) elements of the product design specification relating to environmental

design aspects of the product;

(e) a list of the appropriate standards referred to in regulation 7(2) of these

regulations, applied in full or in part, and a description of the solutions

adopted to meet the requirements of the applicable implementing

measure where the standards referred to in regulation 7(2) of these

regulations have not been applied or where those standards do not cover

entirely the requirements of the applicable implementing measure;

(f)

a copy of the information concerning the environmental design aspects

of the product provided in accordance with the requirements specified

in Annex I, Part 2 of the Directive, which is set out in Schedule I, Part 2

to these regulations; and

(g) the results of measurements on the ecodesign requirements carried out,

including details of the conformity of these measurements as compared

with the ecodesign requirements set out in the applicable implementing

measure.

3. The manufacturer must take all measures necessary to ensure that the

product will be manufactured in compliance with the design specifications referred

to in section 2 and with the requirements of the measure which apply to it.

FRAMEWORK FOR THE SETTING OF ECODESIGN

REQUIREMENTS FOR ENERGY-RELATED PRODUCTS

Schedule V

Substituted by

L.N. 433 of 2010.

Based on Annex V of the Directive

MANAGEMENT SYSTEM

FOR ASSESSING CONFORMITY

(Referred to in regulation 6)

1. This Schedule describes the procedure whereby the manufacturer who

satisfies the obligations of section 2 of this Schedule ensures and declares that the

product satisfies the requirements of the applicable implementing measure. The

declaration of conformity may cover one or more products and must be kept by the

manufacturer.

2. A management system may be used for the conformity assessment of a

product provided that the manufacturer implements the environmental elements

specified in section 3 of this Schedule.

3. Environmental elements of the management system This section specifies

the elements of a management system and the procedures by which the manufacturer

can demonstrate that the complies with the requirements of the applicable

implementing measure.

3.1. The environmental product performance policy

The manufacturer must be able to demonstrate conformity with the requirements

of the applicable implementing measure. The manufacturer must also be able to

provide a framework for setting and reviewing environmental product performance

objectives and indicators with a view to improving the overall environmental

product performance.

All the measures adopted by the manufacturer to improve the overall

environmental performance of and to establish the ecological profile of a product, if

required by the implementing measure, through design and manufacturing, must be

documented in a systematic and orderly manner in the form of written procedures

and instructions.

These procedures and instructions must contain, in particular, an adequate

description of

(a) the list of documents that must be prepared to demonstrate the product’s

conformity, and, if relevant, that have to be made available;

(b) the environmental product performance objectives and indicators and

the organisational structure, responsibilities, powers of the management

and allocation of resources with regard to their implementation and

maintenance;

(c) the checks and tests to be carried out after manufacture to verify

product performance against environmental performance indicators;

(d) the procedures for controlling the required documentation and ensuring

that it is kept up to date; and

(e) the method of verifying the implementation and effectiveness of the

environmental elements of the management system.

3.2. Planning

The manufacturer must establish and maintain

(a) procedures for establishing the ecological profile of the product;

(b) environmental product performance objectives and indicators, which

consider technological options taking into account technical options and

economic requirements; and

(c) a programme for achieving these objectives.

3.3. Implementation and documentation

3.3.1. The documentation concerning the management system must in particular,

comply with the following

(a) responsibilities and authorities will be defined and documented in order

to ensure effective environmental product performance and reporting on

its operation for review and improvement;

(b) documents must be established indicating the design control and

verification techniques implemented and processes and systematic

measures used when designing the product; and

(c) the manufacturer must establish and maintain information to describe

the core environmental elements of the management system and the

procedures for controlling all documents required.

3.3.2. The documentation concerning the must contain, in particular

(a) a general description of the product and of its intended use;

(b) the results of relevant environmental assessment studies carried out by

the manufacturer, and/or references to environmental assessment

literature or case studies, which are used by the manufacturer in

evaluating, documenting and determining product design solutions;

(c) the ecological profile, where required by the implementing measure;

(d) documents describing the results of measurements on the ecodesign

requirements carried out including details of the conformity of these

measurements as compared with the ecodesign requirements set out in

the applicable implementing measure;

(e) the manufacturer must establish specifications indicating, in particular,

standards which have been applied; where standards referred to in

regulation 8(5) of these regulations are not applied or where they do not

cover entirely the requirements of the relevant implementing measure,

the means used to ensure compliance; and

(f)

a copy of the information concerning the environmental design aspects

of the product provided in accordance with the requirements specified

in Annex I, Part 2 of the Directive, which is set out in Schedule I, Part 2

to these regulations.

3.4. Checking and corrective action

3.4.1 The manufacturer must

(a) take all measures necessary to ensure that the product is manufactured

in compliance with its design specification and with the requirements of

the implementing measure which applies to it;

(b) establish and maintain procedures to investigate and respond to non

conformity, and implement changes in the documented procedures

resulting from corrective action; and

(c) carry out at least every three years a full internal audit of the

management system with regard to its environmental elements.