Summary of enforcement activities under EuP
Below is a brief summary of the offences, defences, powers, sanctions and other
provisions associated with the enforcement of EuP regulations.
Offences:
- Listed produces must conform to product requirements
- Manufacturers must assess conformity and CE mark
- Technical files must be produced and maintained
- No misleading marks or information must be used
- Authorised representatives can also be liable for offences
- Enforcement officers shall not be obstructed
- Failure to comply with an enforcement notice
- Failure to provide reasonable assistance
Defences:
Enforcement Powers:
- Enter premises
- Obtain records
- Seize product
- Test product
- Produce materials
- Enforcement notices
- Reimburse enforcement authority where notices are not complied with
Sanctions:
- Statutory maximum or level 5 on the standard scale
- 12 month time limit
- Remediation orders
- Civil action by the enforcement authority
- Able to use other administrative provisions (improvement plans)
Other Provisions:
- Appeals procedures
- Voluntary manufacturer based compliance or withdrawal programmes