The Ecodesign for Energy-Related Products Regulations 2010

PART 2 U.K. Restrictions on energy-related products, conformity assessments, declarations of conformity and the [F1 CE] [F1 UK] marking

Textual Amendments

F1 Word in Pt. 2 heading substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 4; 2020 c. 1, Sch. 5 para. 1(1)

Restrictions on energy-related products E+W+S

3.—(1) A manufacturer must not place on the market or put into service an energy-related product unless that product complies with the applicable implementing measure and bears the [F2 UK] marking.

(2) Schedule 1 (declaration of conformity) has effect.

[F3 (3) Schedule 1A (conformity assessment procedures) has effect and reproduces provisions of Annexes 4 and 5 to the Directive (as it has effect immediately before IP completion day), with amendments, to correct deficiencies in retained EU law.

(4) Schedule 1B (conformity assessment bodies) has effect.]

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F2 Word in reg. 3(1) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 3(3)(4) inserted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 5(3) (as amended by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)

Restrictions on energy-related products N.I.

3.—(1) A manufacturer must not place on the market or put into service an energy-related product unless that product complies with the applicable implementing measure and bears the CE marking.

(2) Schedule 1 (declaration of conformity) has effect.

Extent Information

E3 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Conformity assessments, declarations of conformity and the [F4 UK] marking E+W+S

4.—(1) A manufacturer must not place on the market or put into service an energy-related product unless that manufacturer complies [F5 with paragraph (2)]

(2) Compliance with this paragraph means that the manufacturer—

(a) has assessed whether an energy-related product complies with the applicable implementing measure; and

(b) if the assessment is that the product complies, has—

(i) made a declaration of conformity; and

(ii) affixed the [F6 UK] marking visibly, legibly and indelibly to the product, the packaging or documentation that accompanies that product.

(3) Schedule 2 [F7 (UK marking)] has effect.

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F4 Word in reg. 4 heading substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 6(2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 4(1) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 4(3) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 6(5); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in reg. 4(2)(b)(ii) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 6(4); 2020 c. 1, Sch. 5 para. 1(1)

Conformity assessments, declarations of conformity and the CE marking N.I.

4.—(1) A manufacturer must not place on the market or put into service an energy-related product unless that manufacturer complies with—

(a) paragraph (2); or

(b) equivalent provisions under the laws of another member State or EEA State.

(2) Compliance with this paragraph means that the manufacturer—

(a) has assessed whether an energy-related product complies with the applicable implementing measure; and

(b) if the assessment is that the product complies, has—

(i) made a declaration of conformity; and

(ii) affixed the CE marking visibly, legibly and indelibly to the product, the packaging or documentation that accompanies that product.

(3) Schedule 2 (CE marking) has effect.

Extent Information

E4 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F8 UK(NI) indication N.I.

4A.— (1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a UK notified body, a UK(NI) indication must also be affixed to the product, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a) visibly, legibly and indelibly; and

(b) before the product is placed on the market in Northern Ireland.

(3) The UK(NI) indication must be affixed wherever the CE marking is affixed, in accordance with regulation 4.

(4) The UK(NI) indication must be affixed by—

(a) the manufacturer; or

(b) the manufacturer’s authorised representative who has been appointed by the manufacturer to affix the UK(NI) indication on the manufacturer’s behalf.

(5) When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Textual Amendments

F8 Regs. 4A, 4B inserted (N.I.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(4), 13

Register of UK notified bodies N.I.

4B.— (1) The Secretary of State must ensure that—

(a) each UK notified body is assigned an identification number; and

(b) there is a register of—

(i) UK notified bodies;

(ii) their notified body identification number;

(iii) the activities for which they have been notified; and

(iv) any restrictions on those activities.

(2) The register referred to in paragraph (1) must be maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]

Textual Amendments

F8 Regs. 4A, 4B inserted (N.I.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(4), 13

Authorised representatives and importers U.K.

5.—(1) An authorised representative or importer of an energy-related product must not place on the market or put into service an energy-related product unless—

(a) the manufacturer of the product has complied with regulation 4(1); or

(b) the authorised representative or importer complies with regulation 4(2) to the extent that the manufacturer has not complied with it.

Displays of energy related products not restricted U.K.

6.—(1) Regulations 3, 4 and 5 do not prevent the display of an energy-related product if—

(a) that product; or

(b) the packaging or documentation that accompanies it,

bears a visible indication that the product must not be placed on the market unless it complies with the applicable implementing measure.

(2) For the purposes of paragraph (1), the display of an energy-related product includes its display at trade fairs, exhibitions and demonstrations.