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The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 No. 1528

PART 3AMENDMENTS TO THE ECODESIGN FOR ENERGY-RELATED PRODUCTS REGULATIONS 2010 IN RESPECT OF NORTHERN IRELAND

11.  The Ecodesign for Energy-Related Products Regulations 2010(1) are amended as follows.

12.  In regulation 2(1) (interpretation) after the definition of “RAMS” insert—

“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020(2);.

13.  After regulation 4 insert—

UK(NI) indication

4A.(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a UK notified body(3), 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.

Register of UK notified bodies

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)..

(1)

S.I. 2010/2617, to which there are no relevant amendments.

(2)

S.I. 2020/xxx [To be completed when the instrument is made]

(3)

See decision No 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products (“the marketing decision”) for the meaning of “notified body”; and see regulation 2(2) of the Ecodesign for Energy-Related Products Regulations 2010 (as it has effect in Northern Ireland) for the application of expressions used in the marketing decision to those Regulations.

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