Ecodesign of products—recovery of testing costs

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Ecodesign of products—recovery of testing costs
  • Brexit impact
  • Recovery of testing costs
  • Notice of intent
  • Final notice
  • Appeal

Ecodesign of products—recovery of testing costs

STOP PRESS: This content is being updated in light of the Ecodesign for Energy-Related Products and Energy Information Regulations 2021, SI 2021/745.

Brexit impact

11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Recovery of testing costs

The Office for Product Safety & Standards (Safety & Standards) is the market surveillance authority for the purposes of the Ecodesign regulations. The principal method for identifying breaches of applicable implementing measures and standards is testing of products. Safety & Standards seeks to recover its costs incurred in testing a product under Article 9 of Retained Regulation (EC) 765/2008 where:

  1. products have been tested in order to detect non-compliance, and

  2. cost recovery will not be disproportionately detrimental to the company or adversely outweigh that company's ability to reach compliance

Note that the Retained Regulation (EC) 765/2008 on Accreditation and Market Surveillance applies in Great Britain from 1 January

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