Ecodesign of products—regulation and enforcement
Ecodesign of products—regulation and enforcement

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

  • Ecodesign of products—regulation and enforcement
  • Brexit impact
  • Product groups
  • Placing on the market
  • Declaration of conformity
  • Directors and officers
  • Enforcement
  • Prosecution
  • Remediation orders
  • Civil sanctions

Ecodesign regulations affect:

  1. manufacturers of energy-related products and components

  2. their authorised representatives, and

  3. importers of energy-related products

They prohibit placing on the market, or putting into service an energy-related product unless it:

  1. complies with an applicable implementing measure

  2. is the subject of a declaration of conformity, and

  3. has the relevant 'Community Ecolabel' (CE) marking visibly, legibly and indelibly attached to the product, the packaging or documentation that accompanies it

The regulations establish a presumption that a product complies if it displays a CE marking. Affixing a CE marking to an energy-related product is an offence if it could mislead a person to believe that an energy-related product complies with an applicable implementing measure.

Breach of regulations 3–5, 8 or 9 is an offence punishable:

  1. for offences committed in England and Wales on or after 12 March 2015, there is no upper limit to the fine which the magistrates can impose on summary conviction

  2. prior to 12 March 2015, on summary conviction with a fine up to the statutory maximum, or

  3. on indictment with an unlimited fine

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on

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