The Ecodesign for Energy-Related Products Regulations 2010

[F1 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.

[F2 (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

F1 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)

F2 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)