The Ecodesign for Energy-Related Products Regulations 2010

PART 7 E+W+S [F1 Revocations] [F1 Revocations, review, transitional provision and obligations which are met by complying with obligations in the Directive]

Textual Amendments

F1 Pt. 7 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. 10; 2020 c. 1, Sch. 5 para. 1(1)

Revocations U.K.

20.  The following are revoked—

(a) the Ecodesign for Energy-Using Products Regulations 2007(1); and

(b) the Ecodesign for Energy-Using Products (Amendment) Regulations 2009(2).

[F2 Transitional provisions in relation to EU Exit E+W+S

20A.— (1) Part 2 does not apply to a product which—

(a) was placed on the market or put into service during the pre-exit period; and

(b) is in conformity with the legislation of an EEA state that implements the Directive.

(2) Subject to paragraph (3), where a product was placed on the market or put into service during the pre-exit period, despite the amendments made by Schedule 1 to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to any obligation to take action outside Great Britain in respect of that product.

(4) Where during the pre-exit period—

(a) a product has not been placed on the market or put into service; and

(b) a manufacturer, authorised representative or importer has taken any action in compliance with regulations 4 or 5 as they had effect immediately before IP completion day in relation to that product,

that action has effect as if it had been done in compliance with regulations 4 or 5 as they have effect on and after IP completion day.

[F3 (4A) Subject to paragraph (4B), where before 11pm on 31st December 2024—

(a) a product has not been placed on the market or put into service; and

(b) a manufacturer has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 8 of the Directive

that action has effect as if it had been done under the applicable procedure set out in Schedule 1A.

(4B) Paragraph (4A) does not apply—

(a) after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and

(b) in any event, after 31st December 2027.]

(5) In this regulation—

• “placed on the market” has the same meaning it had in these Regulations as they had effect immediately before IP completion day;

• “pre-exit period” means the period beginning with 20th November 2010 and ending immediately before IP completion day;

• “put into service” has the same meaning it had in these Regulations as they had effect immediately before IP completion day.

Textual Amendments

F2 Regs. 20A-20D 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. 11 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(3)(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 20A(4A)(4B) inserted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 8(2)

Obligations met by complying with the Directive E+W+S

20B.— (1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article of, or an Annex to, the Directive;

(b) “CE marking” has the meaning given in Article 5(2);

(c) “EC declaration of conformity” has the same meaning as in Article 5(3); and

(d) “harmonised standard” has the meaning given to it in Article 2(27).

(2) Subject to paragraph (8), paragraph (3) applies where—

(a) before placing a product on the market or putting a product into service, the manufacturer complies with legislation in an EEA state that implements—

(i) Article 5 (marking and the EC declaration of conformity); and

(ii) Article 8 (conformity assessment); and

(b) the EC declaration of conformity is translated into English.

(3) Where this paragraph applies—

(a) the requirements in regulation 4 are deemed to be met;

(b) Schedules 1 and 1A are disapplied;

(c) regulation 3 applies subject to the modification that references to the “UK marking” are to be read as references to the “CE marking”;

(d) regulation 7 applies subject to the modifications that—

(i) the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(ii) references to “designated standards” are to be read as references to “harmonised standards”;

(e) regulation 8 applies subject to the modification that the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(f) regulation 9 applies subject to the modification that references to a “declaration of conformity” or a “declaration” are to be read as references to an “EC declaration of conformity”.

(4) Subject to paragraph (8), paragraph (5) applies where—

(a) before placing a product on the market or putting a product into service, the importer complies with legislation in an EEA state implementing Article 4 (responsibilities of the importer); and

(b) the EC declaration of conformity is translated into English.

(5) Where this paragraph applies—

(a) the requirements imposed on the importer in regulation 5 are deemed to be met;

(b) Schedules 1 and 1A are disapplied;

(c) regulation 7 applies subject to the modification that references to “designated standards” are to be read as references to “harmonised standards”;

(d) regulation 8 applies subject to the modification that the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(e) regulation 9 applies subject to the modification that references to a “declaration of conformity” or a “declaration” are to be read as references to an “EC declaration of conformity”.

(6) Subject to paragraph (8), paragraph (7) applies where—

(a) before placing a product on the market or putting a product into service, the authorised representative complies with legislation in an EEA state that implements—

(i) Article 5 (marking and the EC declaration of conformity); and

(ii) Article 8 (conformity assessment); and

(b) the EC declaration of conformity is translated into English.

(7) Where this paragraph applies—

(a) the requirements imposed on the authorised representative in regulation 5 are deemed to be met;

(b) Schedules 1 and 1A are disapplied;

(c) regulation 7 applies subject to the modification that references to “designated standards” are to be read as references to “harmonised standards”;

(d) regulation 8 applies subject to the modification that the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(e) regulation 9 applies subject to the modification that references to a “declaration of conformity” or a “declaration” are to be read as references to an “EC declaration of conformity”.

(8) Where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 10, paragraphs (2)(a)(ii), (4) and (6)(a)(ii) are to be treated as requiring the manufacturer to have carried out the conformity assessment procedure set out in Article 8.

Textual Amendments

F2 Regs. 20A-20D 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. 11 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(3)(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Expiry of regulation 20B E+W+S

20C.— (1) Subject to paragraph (2), regulation 20B ceases to have effect at the end of the period of [F4 four years] beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 20B—

(a) any product which was placed on the market or put into service pursuant to regulation 20B may continue to be made available on the market on or after the expiry of regulation 20B;

(b) any obligation to which a person was subject in respect of a product placed on the market or put into service pursuant to regulation 20B continues to have effect after the expiry of regulation 20B, in respect of that product.

Textual Amendments

F2 Regs. 20A-20D 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. 11 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(3)(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 20C(1) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1

Qualifying Northern Ireland Goods E+W+S

20D.— (1) Where paragraph (2) applies to an energy-related product—

(a) the product is to be treated as being in conformity with Part 2; and

(b) the relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Part 2 in relation to that product.

(2) This paragraph applies where—

(a) an energy-related product is—

(i) in conformity with Part 2 of these Regulations as they apply in Northern Ireland; and

(ii) qualifying Northern Ireland goods; and

(b) a relevant economic operator has complied or is complying with the obligations imposed on them under Part 2 of these Regulations as they apply in Northern Ireland.

(3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.]

Textual Amendments

F2 Regs. 20A-20D 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. 11 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(3)(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[F5 21.— (1) The Secretary of State must from time to time—

(a) carry out a review of regulations 2 to 19,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Commission Directive 2009/125/EC (which is implemented by means of regulations 2 to 19) is implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years]

Textual Amendments

F5 Reg. 21 inserted (1.12.2011) by The Ecodesign for Energy-Related Products (Amendment) Regulations 2011 (S.I. 2011/2677), regs. 1, 2(2)

(1)

S.I. 2007/2037, amended by S.I. 2009/2560.

(2)

S.I. 2009/2560.