The Ecodesign for Energy-Related Products Regulations 2010

UK Statutory Instrument 2010 No. 2617 — creates 5 criminal offences.

Made

27 October 2010

In force from

20 November 2010

Extent

Not stated

Subject

Energy, communications, water and utilities

Made under

European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement the requirements of Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products (OJ No L285,31.10.2009, p10) and implements elements of the market surveillance Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (“RAMS”) (OJ No L128 13.8.2008, p30). It also gives effect to any applicable implementing measures which are made pursuant to the Directive. These Regulations also give effect to Decision No 768/2008 of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ No L 218, 13,8.2008, p82). Regulation 3 requires that an energy-related product must not be placed on the market or put into service unless it complies with an applicable implementing measure. Schedule 1 sets out the requirements for a declaration of conformity and lists energy-related products and their applicable implementing measures. Regulation 4 requires that a manufacturer of an energy-related product and components sub-assemblies must not place it on the market or put it into service unless it has assessed whether it complies with an applicable implementing measure and if it does comply it must make a declaration of conformity and affix the CE marking which is shown in Schedule 2. Regulation 5 imposes similar requirements on authorised representatives and importers of energy-related products. Regulation 6 provides that regulation 3 does not apply to displays of energy-related products. Regulation 7 sets out presumptions in relation to an energy-related product. Regulation 8 prohibits the affixing of a CE marking to an energy-related product which may mislead a person to believe that an energy-related product complies with an applicable implementing measure. Regulation 9 requires documents relating to conformity assessments of energy-related products to be kept for 10 years. Regulation 10 designates the Secretary of State as the competent national authority and the notifying authority for the purposes of Decision No 768/2008 of the European Parliament and of the Council and designates the Secretary of State as the market surveillance authority for the purposes of RAMS. Schedule 3 sets out the appeals procedure in relation to decisions of notified bodies. Regulation 12 provides that the market surveillance authority may authorise any suitable person to act for it. Schedules 4 and 5 deal with warrants in relation to powers of entry exercised under RAMS, testing costs which the market surveillance authority may recover from manufactures and civil sanctions which the market surveillance authority may impose. Regulations 14 to 17 set out offences, penalties and related matters. Regulation 18 allows a court to make a remediation order in respect of a person convicted of an offence under these Regulations. Regulation 19 provides for the recovery of expenses of enforcement.

Offences created by this instrument

• Where a person upon whom a compliance notice is served under paragraph 2(1)(b) does not comply with it within the time… paragraph 12 of SCHEDULE 5 · Status not determined · Strict liability
• Where a person on whom a stop notice is served does not comply with it within the time limit specified in the notice,… paragraph 18 of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for any person to contravene, or cause or permit another person to contravene, any of regulations 3… regulation 14(1) · Status not determined · Strict liability
• Obstruction etc regulation 15(1) · Status not determined · Requires proof of a state of mind
• Bodies corporate regulation 17(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Environment Bill (Fourteenth sitting) Commons · Public Bill Committees · 12 November 2020 · Rebecca Pow

  Again, I thank the hon. Member for tabling the amendment, but I also reassure her that the Government recognise the importance of measures to improve the durability, repairability and recyclability of both energy-related products and products that are not energy-related. The amendment is therefore not necessary, because at the end of the transition period the Government will have powers to set resource-efficiency requirements for energy-related products under the Ecodesign for Energy-Related Products Regulations 2010. Also, DEFRA is working closely with the Department of Business, Energy and…

• Medicines and Medical Devices Bill Lords · Grand Committee · 19 November 2020 · Lord Bethell (Con)

  My Lords, I thank the noble Baroness, Lady Thornton, for her amendment, which is designed to require that the Secretary of State must “act in accordance with” the guidance on the use of civil sanctions that he is required to publish under paragraph 13 of Schedule 1, as opposed to having regard to the guidance. Paragraph 13 requires the Secretary of State to prepare and publish guidance about the use of civil sanctions. More specifically, this guidance must cover the sanctions that may be imposed if a person commits an offence, the action the Secretary of State may take, and the circumstances…

• Ecodesign for Energy-Related Products and Energy Information (Amendment) (Northern Ireland) Regulations 2025 Lords · Lords Chamber · 26 March 2025 · The Minister of State, Department for Energy Security and Net Zero (Lord Hunt of Kings Heath) (Lab)

  My Lords, this instrument, which was laid before the House on 4 March 2025, forms an important part of the Government’s commitment to ensuring that energy-related products are sustainable and efficient by enabling new regulations to be enforced as they apply in Northern Ireland. Ecodesign policies aim to reduce the environmental impact of energy-related products by reducing their energy consumption and use of material resources, reducing carbon emissions and saving businesses and consumers money on their energy bills. Energy labelling regulations help better inform consumers and encourage…

• Draft Ecodesign for Energy-Related Products and Energy Information (Amendment) (Northern Ireland) Regulations 2025 Commons · General Committees · 31 March 2025 · The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Miatta Fahnbulleh)

  I beg to move, That the Committee has considered the draft Ecodesign for Energy-Related Products and Energy Information (Amendment) (Northern Ireland) Regulations 2025. This instrument forms an important part of the Government’s commitment to ensuring energy-related products are sustainable and efficient, by enabling new regulations to be enforced as they apply to Northern Ireland. Ecodesign policies aim to reduce environmental impacts of products by reducing their energy consumption, reducing carbon emissions and saving businesses and consumers money on their energy bills. As hon. Members…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2010