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19 October 2020
Until 11 November 2020, the Department for Business, Energy & Industrial Strategy ("BEIS") is consulting on the draft Ecodesign for Energy-Related Products and Energy Information Regulations 2021 (the "Draft Regulations"). These implement changes previously agreed by the UK at EU level but require implementation through law in England, Wales and Scotland. Many readers will be aware of the proposed changes but the consultation should be of interest to all those aiming for continuity and ease as far as possible when placing goods on the GB, NI and EU market post the end of the transition period.
Post the transition period NI will continue to follow EU ecodesign and energy labelling rules in accordance with the Protocol on Ireland and Northern Ireland (whereby amendments to the relevant EU regulations will automatically apply) and will follow the CE mark. BEIS has issued guidance that where goods are presently CE marked post 31 December 2020 in certain circumstances (not including different UK or NI notified bodies) most can continue to use the CE mark rather than the UKCA mark for the GB market until the end of 2021. As ecodesign regulations require a CE or a UKCA mark, these draft Regulations by adopting the same approach as at EU level facilitate the continued use of the CE mark for the GB market therefore delaying the costs and immediate burden on business in this regard.
The Draft Regulations, which apply to GB, published as part of this consultation relate to seven product categories, namely:
The consultation document reveals that the Draft Regulations are intended to bring about three broad changes to the existing eco-design and energy labelling regime. These changes are intended to:
Further details of each product category are set out below.
The Draft Regulations set minimum energy efficiency requirements on the following aspects:
There are also requirements for resource efficiency relating to:
The proposed requirements extend the scope of the existing requirements to cover smaller motors between 120W and 750W, larger motors between 375kW and 1000kW and 60Hz motors, 8 pole motors and single-phase motors. The Draft Regulations will also introduce minimum efficiency requirements for VSDs.
Minimum energy efficiency requirements are proposed covering:
The Draft Regulations set new minimum energy efficiency requirements related to the use of energy and water, and introduce requirements related to resource efficiency such as reparability and recyclability.
The ecodesign requirement proposed compel manufacturers of energy-related products to improve the performance of their products by meeting minimum energy and resource efficiency requirements before they can place their products on the market. They sometimes also relate to other elements of the product, include the product's durability, reparability, recyclability and ease of material recovery. The proposed energy labelling requirements compel those manufacturers to provide information on the energy consumption of their products and to convey the amount of energy that the product uses compared to alternative models.
The Draft Regulations set new minimum energy efficiency requirements related to the use of energy and introduce requirements related to resource efficiency such as reparability and recyclability.
The proposed ecodesign requirements for electronic displays will replace the current ecodesign requirements currently in force in GB. The proposed requirements update definitions for products in line with the development of technology. It also extends the scope of the existing requirements to cover televisions and other displays (computer monitors, digital signage displays) due to the overlap in functionality of the different display types.
There are minimum energy performance standards (MEPS) for on-mode power consumption as well as off-mode, standby and networked standby (including automatic power down). The proposed MEPS will be introduced in two separate tiers (2021 and 2023) for on-mode consumption, with the remaining modes being subject to MEPS in the first tier. Additionally, it includes requirements covering peak luminance ratio, forced menu and set-up requirements on initial activation, material efficiency and information requirements.
The consultation asks stakeholders to comment on three aspects of the Draft Regulations:
Following this consultation, BEIS will consider whether revisions are needed to the ecodesign and energy labelling requirements and will finalise the Draft Regulations.
Aside from the consultation, those in the supply chain should be aware that from 1 January 2021, products placed on the GB market must comply with relevant UK legislation which includes UK branding (i.e. the Union Jack rather than the EU flag) and English language text. Where QR codes are present, they must link to the required product information on a publicly accessible website. https://www.gov.uk/guidance/create-an-energy-label Compliant products placed on the market up to 31 December 2020, with EU flags on their energy labels, may continue to remain in circulation following the end of the transition period.
Products placed on the NI market must comply with relevant EU legislation; this includes the EU flag and QR codes that link to the required product information on the EPREL database.
Specific rules are expected to apply to goods placed first on the NI market which deal with mutual recognition in the rest of the UK.
For further information on this topic please contact Olivia Jamison or Paul Sheridan at CMS Cameron McKenna Nabarro Olswang LLP by telephone (+44 20 7367 3000) or email (email@example.com or firstname.lastname@example.org). The CMS Cameron McKenna Nabarro Olswang LLP website can be accessed at cms.law.
This article has been reproduced in its original format from Lexology – www.Lexology.com.
Article co-authored by Ben Collins.
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