Ecodesign of products—regulation and enforcement
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...

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 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 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

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