LegalizeThe Ecodesign for Energy-Related Products Regulations 2010
- (6) Where, in the course of the monitoring of conformity following the issue of a certificate of conformity, an approved body finds that a product is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must, if necessary, suspend or withdraw the certificate of conformity.
- (7) Where the approved body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the approved body must restrict, suspend or withdraw any certificate of conformity.
- (8) Sub-paragraph (9) applies where an approved body is minded to—
- (a) refuse to issue a certificate of conformity;
- (b) restrict, suspend or withdraw a certificate of conformity.
- (9) Where this paragraph applies, the approved body must—
- (a) give the person applying for the certificate of conformity, or the person to whom the certificate of conformity has been given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;
- (b) give the person referred to in paragraph (a), an opportunity to make representations within a reasonable period from the date of the notice; and
- (c) take account of any representations made within the period referred to in paragraph (b) before taking its decision.
- (10) An approved body must inform the Secretary of State of—
- (a) any refusal, restriction, suspension or withdrawal of a certificate of conformity;
- (b) any circumstances affecting the scope of or conditions for approval under paragraph 2;
- (c) any request for information which it has received from a market surveillance authority regarding conformity assessment activities;
- (d) on request, any conformity assessment activities performed within the scope of its approval under paragraph 2 and any other activity performed, including cross-border activities and subcontracting.
- (11) An approved body must make provision in its contracts with its clients enabling such clients to appeal against a decision—
- (a) to refuse to issue a certificate of conformity or grant an approval;
- (b) to restrict, suspend or withdraw a certificate of conformity or approval.
- (12) An approved body must provide other bodies approved under these Regulations carrying out similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.
- (13) An approved body must participate in the work of any approved body coordination group established by the Secretary of State, directly or by means of its designated representatives.
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