Appendix 1
S.I. 2011/1524: memorandum from the Department
for Environment, Food and Rural Affairs
Energy Information Regulations 2011 (S.I. 2011/1524)
1. The Committee has asked the Department for a memorandum
on the following point:
When is the period for which regulation 7(3)(a)
requires documentation to be made available for inspection intended
to begin and how is effect given to that intention?
2. The Department's intention is for the period to
begin from the time required by Article 5(c) of Directive 2010/30/EU,
viz. from the time of the manufacture of the last product concerned.
The Department believes that it has given effect to this intention
in regulation 7(3)(a), the only difference in expression being
that the Directive refers to the ending of the period whereas
the Regulations define the period of availability from its beginning.
3. The Department has copied out the obligation in
Article 5(c) of the Directive without further elaboration, including
the method by which suppliers are obliged to make the documents
available for inspection purposes and to whom. In practice the
most likely scenario is that inspection will be required by the
market surveillance authority for up to 5 years after a last product
in that production cycle has been manufactured, to enable the
market surveillance authority to test products which are on sale
but which are no longer being manufactured.
Department for Environment, Food and Rural Affairs
18 July 2011
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