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.
