Joint Committee on Statutory Instruments Twenty-Fifth Report


Memorandum by the Department of the Environment, Transport and the Regions


  1. The Committee has asked the Department to submit a memorandum on the following point:

      Regulation 8(3) provides that, for the purposes of complying with the duty to establish technical documentation, the supplier may use documentation already required on the basis of relevant Community legislation. Identify the legislation contemplated by the underlined words and explain why the legislation is not specified.

  2. Regulation 8(3) is intended to reflect the second sentence of Article 2.4 of Council Directive 92/75/EEC ("the Framework Directive"). This permits the supplier to "use documentation already required on the basis of relevant Community Legislation". Its purpose is to make clear that if, in relation to a type of appliance covered by the Framework Directive, some other Community legislation requires the same documentation as that required by Article 2.3 of that Directive, or by the relevant implementing Directive made under Article 10 of that Directive, the same documentation can serve both purposes. In particular, the "relevant Community legislation" is likely to include any legislation relating to technical standards or testing.

  3. In relation to dishwashers, the Department was not able to identify any Community legislation which required the same documentation as that required to be established by Article 2.3 of the Framework Directive or by the implementing Directive; neither could it guarantee that there was nowhere anything relevant which the Community had enacted. Accordingly, regulation 8(3) was included in order properly to transpose the Framework Directive, but no particular legislation was specified. "Relevant Community legislation" in regulation 8(3) has the same meaning as in the Framework Directive.

8th July 1999

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