Ecodesign of products—regulation and enforcement

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

  • Ecodesign of products—regulation and enforcement
  • Brexit impact
  • Ecodesign for Energy-related Products and Energy Information (Amendment) (EU Exit) Regulations 2019
  • Product groups
  • Make available on the market
  • Declaration of conformity
  • Directors and officers
  • Enforcement
  • Prosecution
  • Remediation orders
  • More...

Ecodesign of products—regulation and enforcement

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

In Great Britain (GB) and Northern Ireland, the Ecodesign for Energy-Related Products Regulations 2010 are the underpinning legislation for this regime. However, there are differences in how they apply in Great Britain and Northern Ireland.

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. displays the appropriate conformity marking for the GB and/ or NI markets as appropriate

The regulations establish a presumption that a product complies if it displays the relevant UK marking. Affixing a UK 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. Note the changes from ‘CE marking’ to ‘UK marking’ made by the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019, SI 2019/539, effective on IP completion day, see: Brexit impact section below.

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

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