Enforcement undertaking form

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Enforcement Undertaking Form
The Eco-design for Energy Related Products Regulation 2010 (SI
2010 No. 2617)
The Energy Information Regulations 2011 (Statutory Instrument
2011 No. 1524)
How to complete this form: Please complete Part 1, 2 and 3 (if applicable) of this
form and sign the declaration in Part 4.
An Enforcement Undertaking Offer should be completed by a person authorised to act
on behalf of the economic operator submitting the Enforcement Undertaking Offer.
Important: The National Measurement Office can accept or reject your offer in
accordance with section 4.4 of the Guidance document.
Further assistance: If you require any help or assistance with completing this form
and/or wish to discuss your offer before submitting it, please visit our website
www.gov.uk/nmo/enforcement or contact us:

By telephone: 020 207 7272

By email: eup@nmo.gov.uk
Important: Expert, technical and/or legal consultation may be required to complete
your offer. While there is no prescribed time frame in which we are required to respond
to Enforcement Undertaking offers, we will aim to do so within 28 working days of
receiving the offer.
Please submit your offer by sending it to:
National Measurement Office
Enforcement Authority
Stanton Avenue
Teddington
Middlesex
TW11 0JZ
United Kingdom
Or by email: eup@nmo.gov.uk
Part 1- Main Offer
Title:
Full Name:
Position:
Name of Company or Organisation:
Type of Company or Organisation:
Company Registration Number:
Full Address:
Phone Number:
Email:
Fax:
Type of offer (delete as appropriate)
Proactive (For example, where you are notifying the National Measurement Office of a
suspected offence.)
Reactive (For example, where the National Measurement Office have notified you that we
intend to initiate criminal or civil proceedings for an alleged offence.)
Investigation Number:
Description of alleged offence(s) for which this Enforcement
Undertaking Offer is being made
Date(s) of alleged offence:
What type of offence has been committed? (Please provide all details relevant to the
offence. This could include test reports and/or technical files etc.)
Which products are affected? (Please include product codes, serial numbers and number of
units affected if known)
Where in the distribution chain are these products?
What is the approximate financial value of the affected product(s)?
How did the alleged offence(s) occur?
Have you fully assessed the impact from the alleged offence(s) and produced a
business improvement plan? (If so, please provide evidence including any associated
documents)
Have attempts been made to remedy or address the alleged offence?
Part 2 – Enforcement Undertaking Offer (please refer to Section 7.3
of guidance before completing this form)
Proposed actions to address/remedy the alleged offence(s) making the actions
quantifiable and giving an indication of dates when these actions will be completed.
Costs (actual or estimated) of completing these actions.
Other (please provide any further information that you feel is relevant to this
Enforcement Undertaking offer).
Part 3 – Third Party Undertaking (If applicable - Please refer to
Section 7.1 & 7.3 of guidance before completing this form)
Proposed actions to address/remedy the alleged offence(s) making the actions
quantifiable and giving an indication of dates when these actions will be completed.
Costs (actual or estimated) of completing these actions.
Other (please provide any further information that you feel is relevant to this Third
Party Undertaking offer).
For National Measurement Office Enforcement Authority Use Only:
Box A – Only complete this box if the offer is accepted
The National Measurement Office Enforcement Authority has reasonable grounds to
suspect that you have committed the following offence and hereby accepts this
undertaking in relation to that offence:
Offence: (Please specify legislation, section/regulation number and brief particulars)
Box B – Only complete this box if the offer is rejected
The National Measurement Office Enforcement Authority has considered your offer in
accordance with our published guidance and hereby rejects your offer for the reasons
detailed below:
Reasons for rejection: (please specify why the offer has been rejected e.g.
Enforcement Undertaking not available for this offence, prosecution is more appropriate
etc.)
Date:
Full Name:
Signed:
Director of Enforcement, National Measurement Office
Part 4: Declaration
Important
This declaration must be read and signed by any person authorised to act on
behalf of the economic operator submitting this enforcement undertaking offer.
I understand that making this offer does not constitute an admission of guilt for any
alleged offence(s) to which it relates.
I understand that the National Measurement Office may reject this offer and I do not
have a right of appeal against such a decision.
I understand that if this enforcement undertaking is accepted by the National
Measurement Office, I may not at any time be convicted of the alleged offence(s) to
which this undertaking relates or have a fixed monetary penalty, variable monetary
penalty, compliance notice, or stop notice imposed on me, unless I fail to comply in full
with this enforcement undertaking.
I understand that if I fail to comply with the undertaking or any part of it, I may be
prosecuted for the alleged offence(s) or have a variable monetary penalty notice, stop
notice or compliance notice imposed on me.
I understand that I may be required to provide the National Measurement Office with
sufficient information to determine that the undertaking has been complied with.
I understand that if at any time I am found to have given inaccurate, misleading or
incomplete information in relation to this undertaking, it will be rejected or if previously
accepted, I will be regarded as not having complied with it and any compliance
certificate previously issued will be revoked.
I understand that if this enforcement undertaking offer is accepted, the National
Measurement Office may publish it in whatever manner it sees fit.
I understand that this enforcement undertaking will remain in force until such a time as
the National Measurement Office has issued me with a compliance certificate or I have
been notified in writing that I have failed to comply with it.
I understand that by accepting this enforcement undertaking the National Measurement
Office’s powers to investigate future cases of non-compliance or bring criminal or civil
proceedings with regard to future cases of non-compliance are not affected.
Date:
Full Name:
Signed:
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