Paragraph 14 Insertion of Schedule 1AI1
England, Wales and Scotland
After Schedule 1, insert—
“SCHEDULE 1A
Conformity Assessment Procedures
Regulation 3(3)
PART 1
Internal design control
The internal design control procedure
1(1)The internal design control procedure is a procedure—
(a)whereby the manufacturer, or its authorised representative, ensures that a product is in conformity with the relevant requirements of the applicable implementing measure; and
(b)which complies with the requirements specified in sub-paragraph (2).
(2)The following are specified as requirements of an internal design control procedure—
(a)the manufacturer, or its authorised representative, must compile a technical documentation file making possible an assessment of the conformity of the product with the requirements of the applicable implementing measure;
(b)the technical documentation file must contain, in particular—
(i)a general description of the product and of its intended use;
(ii)the results of relevant environmental assessment studies carried out by the manufacturer, or references to environmental assessment literature or case studies, which are used by the manufacturer in evaluating, documenting and determining product design solutions;
(iii)the ecological profile, where required by the implementing measure;
(iv)elements of the product design specification relating to environmental design aspects of the product;
(v)a list of the relevant designated standards, applied in full or in part, and a description of the solutions adopted to meet the requirements of the applicable implementing measure where the designated standards have not been applied or where those standards do not cover entirely the requirements of the applicable implementing measure;
(vi)a copy of the information concerning the environmental design aspects of the product provided in accordance with any requirements of the applicable measure relating to the supply of information that may influence the way the product is handled, used or recycled by parties other than the manufacturer; and
(vii)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; and
(c)the manufacturer must take all measures necessary to ensure that the product is manufactured in compliance with the design specifications referred to in paragraph (b)(iv) and with the requirements of the implementing measure which applies to it.
PART 2
Management system
The management system procedure
2(1)The management system procedure is a procedure—
(a)whereby the manufacturer ensures that a product is in conformity with the relevant requirements of the applicable implementing measure; and
(b)which complies with the requirements specified in sub-paragraph (2).
(2)Paragraphs 3 to 6 specify the requirements of a management system procedure.
The environmental product performance policy
3(1)The manufacturer must, on request by the authorities of F1Great Britain—
(a)demonstrate conformity with the requirements of the applicable implementing measure; and
(b)provide a framework for setting and reviewing environmental product performance objectives and indicators with a view to improving the overall environmental product performance.
(2)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.
(3)The procedures and instructions referred to in sub-paragraph (2) 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 manufacturer's management and the 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.
Planning
4The 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 and economic requirements; and
(c)a programme for achieving these objectives.
Implementation and documentation
5(1)The manufacturer must ensure that the documentation concerning the management system complies, in particular, with the following—
(a)responsibilities and authorities must be defined and documented for the purpose of ensuring effective environmental product performance and reporting on the management system's 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)information must be established and maintained to describe the core environmental elements of the management system and the procedures for controlling all documents required.
(2)The manufacturer must ensure that the documentation concerning the product contains, 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, 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)specifications established by the manufacturer indicating, in particular, the designated standards which have been applied; where designated standards 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 any requirements of the applicable measure relating to the supply of information that may influence the way the product is handled, used or recycled by parties other than the manufacturer.
Checking and corrective action
6The 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.”.
Annotations
Textual amendments
- F1
Words in Sch. 1 para. 14 substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 6(3)(4)(a)(iv)
Commencement
- I1
Sch. 1 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)