Law (2008:112) On Eco-Design

Original Language Title: Lag (2008:112) om ekodesign

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:112

The policy of the law



section 1 of this Act is to promote the effective

energy use and a low environmental impact of energy-related

products and energy-related parts of such products,

to integrate environmental aspects into product design to

improve the environmental performance of the product or component during the entire

its life cycle (eco-design). Law (2011:395).



Definitions



2 section With an energy-related product and an energy-related part

refers to a product or a part that is covered by

regulations under section 4 of the first paragraph, or of regulations in

an implementing measure within the meaning of article 15 of the European Parliament

and Council directive 2009/125/EC of 21 October 2009 on the

establishing a framework for the setting of ecodesign requirements for

energy-related products (recast). Law (2011:395).



section 3 with a representative "means a natural or legal person

established within the European Union and that of a

manufacturer a written power of attorney to act on his

behalf in respect of all or some of the obligations and

formalities in this Act or in the implementing measures as referred to in

Article 15 of Directive 2009/125/EC.



With an importer "means a natural or legal person

established within the European Union and within their

trade places a product from a third country on

Union market. Law (2011:395).



The scope of the law



section 4 of the Government may provide for the types of

products and parts to be covered by the Act's provisions.

Such provisions may only relate to products and parts that have been

the subject of implementing measures under article 15 of Directive

2009/125/EC.



Regulations referred to in the first subparagraph may not relate to products

or components intended to permanently include in

construction works and subject to the provisions of the plan and

Building Act (2010:900) and the regulations that have been issued with

the support of the law. Law (2011:396).



Design of products



section 5 of the Government or the authority, as the Government determines

may provide that the environmental aspects must be integrated into

product design with regard to energy-related products and

energy-related parts in order to improve the product or

part's environmental performance throughout its life cycle.

Law (2011:395).



Manufacturer's responsibility



6 § energy-related product or an energy-related part

may be placed on the EU market or put into service in the

the Union only if it complies with the requirements of

regulations made under section 5 or in a

implementing measure in accordance with article 15 of Directive 2009/125/EC.



Before an energy-related product or an energy-related part

are placed on the EU market or put into service within the Union, the

manufacturer or his authorised representative shall ensure that a

assessment of whether the product or part conforms to the

requirements laid down in the regulations made pursuant to paragraph 5 of the

or in the rules of an implementing measure within the meaning of article 15

in Directive 2009/125/EC (conformity assessment).



The Government or the authority that the Government may

provide for how this assessment of

correspondence should go to. Law (2011:395).



section 7 Before an energy-related product or an energy-related

Some are placed on the EU market or put into service within the European Union

should



a) an EU Declaration issued by product or part

manufacturer or his authorised representative that the product or

part complies with the requirements laid down in the regulations

issued under section 5 or the provisions of a

implementing measure in accordance with article 15 of Directive 2009/125/EC

(EU-Declaration of conformity), and



b) product or part provided with CE marking.



The manufacturer or his authorised representative shall be responsible for

product or part with the requirements referred to in the first subparagraph.



The Government or the authority, as the Government determines

announce details relating to the information to be

left in an EU Declaration of conformity.

Law (2011:395).



8 § energy-related product or part must be CE marked only

If it meets the requirements in the regulations

issued pursuant to the Act or in the regulations in a

implementing measure in accordance with article 15 of Directive 2009/125/EC.



The Government or the authority that the Government may

provide for CE marking of energy-related

products and parts.



For CE marking apply further provisions in

European Parliament and Council Regulation (EC) no 765/2008 of the

9 July 2008 setting out the requirements for accreditation and market surveillance

relating to the marketing of products and repealing

Regulation (EEC) No 339/93 and the law (2011:791) if

accreditation and technical control. Law (2011:800).



section 9 of an EU Declaration of conformity and the dossiers

on the basis of the assessment of conformity shall

be available from the manufacturer or his authorised representative

until ten years have elapsed since the last energy-related

the product was manufactured.



At the request of a regulatory authority, the manufacturer or

his representative to refer the documentation referred to in the first

paragraph to the authority within ten days from the

that request is received by the manufacturer or his authorised

representative. This obligation applies to all

the supervisory authorities of the Member States of the European Union.

Law (2011:395).



Information obligation



section 10 of the Government or the authority, as the Government determines

may provide that a manufacturer of a

energy-related product or part, or his representative

shall, in the manner he considers appropriate, ensure that

consumers may



(a)) the information necessary to be able to use

product or part energy-efficient and low-

environmental impact, and



b) information on all environmental aspects related to

product or part during its life cycle, both the benefits

with eco-design, if required by the relevant

the implementing measure. Law (2011:395).



Importers ' responsibilities



section 11 if the manufacturer is not established in the European Union

and has no representative in the Union responds to a

energy-related products or energy-related parts importer

of the obligations under this law or under

regulations in an implementing measure within the meaning of article 15 of

Directive 2009/125/EC is the responsibility of the manufacturer or his

representative.



If, in a case referred to in the first subparagraph are missing importer

These obligations are imposed upon any natural or legal person

which emits an energy-related product or part at

Union market or putting it into use within the Union.

Law (2011:395).



Demonstration at trade shows, and similar



section 12 energy-related products or parts shall be demonstrated

at trade fairs, exhibitions, demonstrations and similar

Although the requirements of 5 to 8 and 10 of the regulations, in

delivered with support of 5, 6, 8 and 10 sections and in

enforcement provisions under section 7 are not met.

However, this applies only provided that the visible

given that the product or part will not be placed on the

Union market or put into service within the Union until the requirements

have been met. Law (2011:395).



Supervision



paragraph 13 of the agency or agencies designated by the Government

(the regulator) to ensure that this law, the

regulations issued under the law and

the provisions of an implementing measure within the meaning of article 15 of

Directive 2009/125/EC are followed. However, this applies only in the

extent that there are no relevant provisions on

supervision of any other enactment. Law (2011:395).



section 14 of the supervisory authority shall communicate the injunctions and

ban needed to act, the rules of which have

issued by virtue of the Act and regulations in a

implementing measure in accordance with article 15 of Directive 2009/125/EC

should be followed. An injunction or prohibition may be subject to

liquidated damages. Law (2011:395).



section 15 A notice under section 14 may be a manufacturer,

his representative or the person referred to in section 11 shall

provide the information, documents, product samples, and

similar needed supervision. Such an order

effective immediately.



section 16 to perform his duties under this Act has

the supervisory authority has the right to get access to areas, premises

and other areas related to the activities

supervision concerning, but not homes.



The police authority shall provide the assistance needed

supervision.



Costs for sampling



section 17 of the Government or the authority, as the Government determines

may provide for an obligation for a manufacturer of

energy-related products and parts or his representative

to replace the regulator's costs for sampling and

examination of sample. Such provisions may, however, relate only to

where the product or part proven to not comply with the requirements

under this law, in accordance with regulations

granted under the law or under the provisions of a

implementing measure within the meaning of article 15 of Directive

2009/125/EC. Law (2011:395).



Appeal



the supervisory authority's decision under section 18 of the 14th and 15th of may

be appealed to the administrative court. Leave to appeal

required for an appeal to the administrative court. An injunction

subject of a manufacturer or his representative

obligations under paragraph 9 of the second paragraph may, however, not subject to appeal.



Transitional provisions



2010:285



1. this law shall enter into force on 1 July 2010.



2. the provisions of 13, 14 and 17 of their new version

also apply to such implementing measures under article

15 of Directive 2005/32/EC, which entered into force before 1 July

2010.