Explanatory note

The Regulations prohibit on or after 28th February 1990 the marketing by a manufacturer or importer into the European Community of any household appliance in respect of which the manufacturer or importer has taken steps to inform any person to whom the appliance is to be, or may be, marketed o the level of airborne noise emitted by it unless the level is determined in accordance with article 6 of the Directive (regulations 3, 4 and 7).

Harmonised standards prepared by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) are incorporated by national standards bodies into relevant national standards the reference numbers of which are published in each memberState (in the United Kingdom by the Secretary of State). The Regulations provide that where measurements for determining the level of airborne noise emitted by appliances have been carried out in accordance with the relevant national standard incorporating a harmonised standard or in so far as no armonised standard exists in accordance with the relevant national standard and technical regulations of member States the reference numbers of which have been published in the Official Journal of the European Communities there shall be a presumption that the stated level of airborne noise emittedby the appliance satisfies the requirements of the Regulations (regulation 5).

The Regulations provide for periodic checks of appliances to be carried out by the Secretary of State in Great Britain to ensure compliance with the requirements of the Regulations or of the Directive as implemented in the law of Northern Ireland or of a member State other than the United Kingom. If such a check shows that the level of airborne noise emitted by the appliances and specified in the information mentioned in paragraph 1 above has not been determined in accordance with such requirements the Secretary of State may give notice of that fact to the manufacturer or importer. Thenotice will require the manufacturer or importer, unless he withdraws from the market all appliances specified in the notice, to rectify the information in respect of them (regulations 6 and 7).