FAQ
A frequently asked question (FAQ) is just that and on this page we have tried to provide answers, based on the most up to date information we have at the time of writing, to some of the most frequently asked Eco-design questions that we receive.
If you can’t find the answer to your question here you can always contact us via the enquiries page.
Categories of FAQs on this page are as follows:
Who are the NMO?
The National Measurement Office is an executive agency of the Department for Business, Innovation and Skills. We are the appointed market surveillance authority responsible for enforcing the ERP Regulations within the UK. We are also the market surveillance authority responsible for enforcing the RoHS, Energy Labeling and Batteries and Accumulators (Placing on the Market) Regulations within the UK.
We are working alongside Defra to ensure successful market compliance is achieved through a mixed model enforcement package which includes product testing, industry support, business guidance and direct enforcement.
We have no connection with the manufacture, supply or distribution of products, parts or services.
Can you comment on future changes to existing legislation or on issues outside of the UK?
As a market surveillance authority we are not able to comment or speculate on policy issues such as proposed legislative changes nor are we able to comment on legislative obligations outside of the UK.
What powers do the NMO have?
As an appointed market surveillance authority responsible for enforcing a range of regulations throughout the UK the NMO have a suite of proportionate regulation specific powers available to us. These powers are described in full in the statutory instrument(s) found on the legislation page. Alternatives to formal sanctions are considered on a case by case basis.
Is there a legal time limit for NMO to answer enquiries?
There is no statutory time limit for the NMO to operate in with regard to enquiries, however, due to the volume of enquiries we receive please allow between seven and ten working days in order for us to compile accurate and detailed information to answer your enquiry fully and to the best of our ability.
What do you mean by eco-design?
Eco-design is an approach that takes account of environmental considerations not only at the manufacturing stage of a product but also throughout its entire life-cycle with the ultimate aim of minimising the potential for a product to impact adversely on the environment.
What is the precise purpose of the Directive and the regulations?
The Directive and the regulations which implement it attempt to improve the energy efficiency of energy related products which means, in principle, any product (with the exception of transport) which consumes energy.
The overall objective is to reduce greenhouse gas emissions and other adverse environmental impacts with particular emphasis placed on the initial design and development stages of a product with a view to improving its energy efficiency throughout its entire life-cycle.
What products does the Directive apply to?
The Directive applies to a range of products, all of which come in the form of regulations and can be found on the legislation page of this website.
The scope of the Directive is very wide-ranging, and additional product groups are actively being considered for regulation. However, certain criteria must be met before a product can qualify for inclusion. Broadly, these are that a product must:
a) Have a volume of sales that exceeds 200,000 units per year throughout the internal European market. This is an accumulative total and not one calculated on an individual producer basis
b) Have a significant environmental impact within the internal market
c) Present significant potential for improvement in environmental impact without incurring excessive costs.
How does the Directive affect business?
The directive creates a coherent European-wide framework within which manufacturers are encouraged to improve the environmental performance and impact of their products. Businesses therefore have the potential to improve their competitiveness as regards this important aspect of product design.
How does the Directive affect consumers?
Consumers should experience cost benefits from reduced energy consumption where they opt for the more energy efficient products whose production the ERP regime is deliberately designed to encourage.
What does placing on the market mean?
The term placing on the market refers to each individual product (either manufactured or imported) not a type or series of product when it is made available for the first time on the community market. This is considered to take place when a product is transferred from the stage of manufacture with the intention of distribution or use on the community market. Therefore any product covered by the Regulations must be compliant when placed on the market from the applicable date of the regulations regardless of whether it is one of a line of products that existed before that date.
Can I export non-compliant goods to countries outside of the EU?
The Directive does not apply to exported products placed on markets outside of the EU, only to products imported from outside of the EU to the EU market.
Are prototypes used at exhibitions and trade fairs considered to be placed on the market?
A product is not considered to be placed on the market when it is displayed at trade fairs, exhibitions or demonstrations. However, it must be clearly marked as not being placed on the market and must not be put into use. As such, any non-compliant product is for display purposes only. Prototypes for experimentation may be used providing they are not made available on the EU market.
Are ‘own use’ products considered to be placed on the market?
Products imported for own use are considered placed on the market, even when imported from another branch of the same organisation outside the EU and therefore must comply. However, products built for own use are generally not considered as being placed on the market and therefore do not have to comply.
Are products stored in warehouses considered to be placed on the market?
Placing on the market is considered not to take place where a product is in the stocks of the manufacturer and therefore products stockpiled in a manufacturer's warehouse are not yet on the market and must comply with the regulations when they are placed on the market. However, this applies to manufactured goods and imports of finished products that have cleared customs and are being held by the producer without any further process required are considered to have been placed on the market.
