Amendments to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019
7. In Schedule 1—
(a)in paragraph 2(2)—
(i)for the inserted definition of “importer” substitute—
““importer” means a person who—
is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or
is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;”;
(ii)after the inserted definition of “life cycle”, insert—
““make available on the market” means to supply a product for distribution or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge;”;
(iii)in the inserted definition of “place on the market”, for “the United Kingdom market” substitute “the market of Great Britain”;
(b)in paragraph 11, after the inserted regulation 20B, insert—
“Expiry of regulation 20B
20C.—(1) Subject to paragraph (2), regulation 20B ceases to have effect at the end of the period of 12 months 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.
Qualifying Northern Ireland Goods
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(1) 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.”.
See Article 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (RAMS) for the meaning of “economic operator”; and see regulation 2(2) of the Ecodesign for Energy-Related Products Regulations 2010 for the application of expressions used in RAMS to those Regulations.