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Jurisdiction: UK
Commencement: 1st October 2021
Amends:
The Ecodesign for Energy-Related Products Regulations 2010 originally came into force in November 2010 to implement the requirements of Directive 2009/125/EC establishing a framework for the setting of eco-design requirements for energy relating products (‘Eco-design Directive‘) in the UK. They have since had significant change following the United Kingdom (UK) leaving the European Union (EU); this has resulted in them applying differently in Great Britain (GB) (i.e. England, Scotland and Wales) and Northern Ireland (NI).
There are requirements that specific energy using products must meet to be placed on the market in the UK. They aim to improve the energy efficiency of products throughout their life cycle. The eco-design requirements of products address the environmental impacts resulting from product manufacture, usage and disposal.
There are duties for manufacturers, importers and suppliers.
The Energy Information Regulations 2011 enforce energy labelling regulations in the UK, and exist alongside The Ecodesign for Energy-Related Products Regulations 2010.
Following the UK’s exit from the European Union the Regulations enforce GB Retained Regulation (EU) 2017/1369 setting a framework for energy labelling (GB Energy Labelling Regulation) in Great Britain (GB) and Regulation (EU) 2017/1369 setting a framework for energy labelling (EU Energy Labelling Regulation) in Northern Ireland (NI).
The Regulations apply to energy-related products, however this does not include any means of transport for persons or goods or secondhand products unless they are imported from a country outside the EU into NI or imported into England, Scotland or Wales from a country outside GB.
Both the GB and EU Energy Labelling Regulations are enforced by the relevant Market Surveillance Authority (MSA). The Office for Product Safety Standards (OPSS) act as the MSA for manufacturers and importers in the UK and the local weights and measures authority (Trading Standards) and the Department for Economy act as the MSA for retailers in GB and NI respectively. Regulation 4 lists the relevant articles that each MSA is responsible for the enforcement of.
There are no direct duties for suppliers and dealers of energy related products within these enforcement Regulations.
These amendment Regulations amend various retained European Union (EU) Regulations on ecodesign and energy labelling in force in Great Britain (GB) to avoid technical discrepancies with equivalent legislation which is in force in the EU and Northern Ireland by virtue of the Northern Ireland Protocol.
This amendment makes minor technical changes, updating Schedule 1 to remove references to ecodesign and energy labelling measures that are no longer in force in GB and to ensure the references to measures currently in force in GB are up-to-date, so that they can be properly enforced by the relevant Market Surveillance Authority (MSA). The energy related product “boiler or an appliance” within the table is removed. The updated table can be found under Part 4 of these amendment Regulations.
These amendment Regulations amend various retained EU Regulations on ecodesign and energy labelling in force in Great Britain to avoid technical discrepancies with equivalent legislation which is in force in the EU and Northern Ireland by virtue of the Northern Ireland Protocol.
The table outlining the EU measures which relate to specific energy related products (located in Part 5 of these amendment Regulations) is updated in the following ways:
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Jurisdiction: UK
Commencement: 12th August 2021
Amends:
The Motor Fuel (Composition and Content) Regulations 1999 implement Directive 98/70/EC relating to the quality of petrol and diesel fuels.
They apply to all motor fuels including:
There are duties for anyone that distributes motor fuel, or sells motor fuel at a filling station or directly to a person for use by that person.
The Biofuel (Labelling) Regulations 2004 require filling station pumps to be clearly labelled when the motor fuel they are dispensing contains biofuels. This is in place to avoid consumers filling their vehicles with fuel that may be unsuitable.
REVOKED: The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) – From 1st September 2021, petrol stations in Great Britain are required to only sell 95 octane premium petrol that meets an E10 grade specification. An E10 grade means that the petrol contains an ethanol content of between 5.5% and 10%. The requirements are being introduced as no major supplier has unilaterally chosen to make the move to E10 grade fuel despite it being approved for sale since 2011. The use of E10 grade fuel is seen as a tool to help meet climate change targets as petrol with higher ethanol content produces less overall carbon dioxide emissions.
While E10 grade petrol is useable by most modern petrol powered vehicles, some older vehicles are not approved for its use. Requirements are therefore introduced for super grade higher octane petrol to remain at an E5 grade, meaning it can have no more than 5% ethanol or 2.7% oxygen.
This The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) (No. 2) Regulations 2021 enforces the requirement for petrol stations in Great Britain to only sell 95 octane premium petrol with a minimum ethanol content of 5.5% by volume. It also ensures the continuing availability of E5 petrol (petrol with 5% or less ethanol) for older vehicles and certain petrol-powered equipment that are unsuitable for E10 petrol*
*E10 petrol means that it contains more than 5% of ethanol.
Regulation 6 permits the sale of 95 octane premium petrol that does not have the minimum ethanol content, providing that it reaches the necessary winter petrol requirements from the period between 1st September 2021 and 1st November 2021. The winter petrol requirements are outlined in Part 2 of The Motor Fuel (Composition and Content) Regulations 1999.
Furthermore, following the EU exit, the definition of motor fuel specifications (diesel fuel, leaded petrol, petrol) are updated.
The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) Regulations 2021 are revoked.
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Jurisdiction: GB
Commencement: 1st July 2021
These Regulations provide ecodesign requirements for energy-related products placed on the market or put into service in Great Britain (GB). They mirror the ecodesign requirements with EU Regulations which apply within the EU and Northern Ireland.
N.B. the EU Regulations continue to apply in Northern Ireland under the terms of the Northern Ireland Protocol.
These Regulations apply to the following energy related products:
For electric motors, household washing machines / washer-dryers, household dishwashers, household refrigeration and electronic displays, these Regulations increase the minimum energy performance and set material efficiency standards set under previous EU Regulations, whereas for welding equipment and commercial refrigeration minimum energy performance and material efficiency standards are set for the first time.
Ecodesign requirements are provided for certain energy-related products; products must conform to these requirements when being placed on the market or put into service in Great Britain. The specific ecodesign requirements for each type of energy related product can be found within the relevant Schedule hyperlinked below:
The ecodesign requirements include energy efficiency requirements, material / resource efficiency requirements, design for repair and reuse (including availability of spare parts and repair information) and technical documentation requirements. There are also product specific exemptions listed within the Schedules.
Where measurements and calculations are required, they must be made in accordance with designated standards where they are available. If designated standards are not available the methods must be reliable, accurate and reproducible as well as taking in to account the generally recognised state of the art.
Products must not be designed to be able to detect that they are being tested and then react specifically by automatically altering their performance to more favourable levels. Energy consumption or compliance of the product and other parameters must not deteriorate when software or firmware is updated, unless with explicit consent from the end-user prior to the update. The performance of a product must not change as a result of rejecting a software update.
When assessing whether a product conforms with these Regulations, a manufacturer must use the internal design control or management system procedures set out in Parts 1 and 2 of Schedule 1A of The Ecodesign for Energy-Related Products Regulations 2010.
The market surveillance authority (Office for Product Safety and Standards) is required to verify products’ compliance. The verification procedure to be used for each product is detailed within the relevant Schedule hyperlinked below:
Energy labelling of refrigerating appliances with a direct sales function
Energy labelling requirements are introduced for refrigerating appliances with a direct sales function, to enable consumers to identify the most energy efficient products on the market in Great Britain.
Refrigerating appliances with a direct sales function means appliances intended for displaying and selling foodstuffs and other items at specified temperatures below the ambient temperature to customers e,g. commercial fridges within a supermarket.
N.B. Energy labelling requirements for the other energy related products are already in force in Great Britain via GB retained versions of EU Regulations.
Suppliers must ensure that:
The energy efficiency class displayed on the energy label must be based on the energy efficiency index calculated in accordance with Schedule 22.
Dealers must ensure that:
Dealers and sellers must ensure that:
There is an obligation for internet hosting platforms allowing the direct sale of appliances on their website to enable electronic labels and the product information sheet to be shown. They are also required to inform the dealer of their obligation to supply the label and product information sheet for display.
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Jurisdiction: UK
Commencement: Just before IP completion day and IP completion day
Amends: Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019, under the following pieces:
This amendment came into force immediately before IP completion day (31st December 2020).
Changes are made to a previous amendment, The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 to take account of changes to European Union (EU) Ecodesign and Energy Labelling legislation since that amendment was made. It also makes changes in light of the Northern Ireland (NI) Protocol, under which it is agreed NI will continue to follow EU rules. Changes include:
The full impact of conformity marking can be read in the updated summary and duties above.
Changes are made to a previous amendment, The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 to take account of changes in light of the Northern Ireland (NI) Protocol, under which it is agreed NI will continue to follow European Union (EU) rules.
References to the United Kingdom (UK) are replaced with references to Great Britain (GB). These retained Regulations will only apply in GB (i.e. England, Scotland and Wales) and NI will continue to be subject the EU version.
Changes are made to a previous amendment, The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019, to take account of changes in light of the Northern Ireland (NI) Protocol, under which it is agreed NI will continue to follow European Union (EU) rules.
References to the United Kingdom (UK) are replaced with references to Great Britain (GB). These retained Regulations will only apply in GB (i.e. England, Scotland and Wales) and NI will continue to be subject the EU version.
The label given in relation to energy labelling of air conditioners in Annex III is changed to only contain text in English and have the UK flag.
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Jurisdiction: UK
Commencement: 23rd November 2020
Amends: The Energy Information Regulations 2011
The Energy Information Regulations 2011 set energy labelling and standard product information requirements for energy-related products and is linked to The Ecodesign for Energy Related Products Regulations 2010. They also define the Market Surveillance Authority which is responsible for enforcing these Regulations.
These Regulations update Schedule 1 which lists the EU energy labelling measures that currently have effect, and that can therefore be enforced by the UK market surveillance authority under the 2011 Regulations. Added to the table in Schedule 1 are the new energy labelling measures coming into force from 1st November 2020, which have been made under Regulation (EU) 2017/1369 setting a framework for energy labelling (‘EU Energy Labelling Regulation‘).
These new energy labelling requirements are specifically for household washer-dryers, household washing machines, household dishwashers and household refrigerating appliances.
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Jurisdiction: EU
Commencement: 1st July 2020, but doesn’t apply until 1st March 2022
Amends: Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures introduces a globally harmonised system of classification and labelling of chemicals into European law. It supplements the REACH Regulation for the registration, assessment, authorisation and restrictions concerning chemical substances. The Regulations require that substances and mixtures are classified according to the physical hazards, the health hazards or the environmental hazards that they create. They also detail the labelling and packaging requirements.
The list of harmonised classification and labelling of hazardous substances in Part III of Annex VI is updated, to remove or insert multiple chemicals. This is following the conclusion of opinions issued by the Committee for Risk Assessment of the Agency (RAC) for these substances.
Additionally, new scientific data has been made available, suggesting that the current available data may not be appropriate for:
Therefore, until the RAC issues a revised opinion of the new data, the hazard class will not be modified and lead massive will not be included in Annex VI.
*acute toxicity (inhalation) substances cause an adverse response from one or multiple doses within 4 hours of inhalation.
The amendments to Annex VI will come into effect on 1st March 2022.
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Jurisdiction: EU
Commencement: 1 August 2020
Amends:
Revokes / Repeals: Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters
These Regulations set out a framework that applies to tyres placed on the market. To enable customers to make informed decisions about their purchase, information relating to safety, fuel-efficiency, longevity and noise levels must be provided on a label attached to the tyre.
Tyre labels are to be formatted in accordance with Annex II and include the following information:
These Regulations apply to C1 tyres (tyres for cars), C2 tyres (tyres for vans) and C3 tyres (tyres for heavy duty vehicles) The Regulations place duties on suppliers and distributers of the above mentioned tyre types.
These Regulations do not apply to:
Obligations on tyre suppliers
Suppliers* of C1, C2 and C3 tyres must ensure, free of charge, that:
*A supplier is defined as:
**Distance sales are the hire or sale of goods where the customer cannot be expected to physically see the goods displayed and includes:
***A relevant national authority is an approval authority or other authority involved in and responsible for market surveillance, border control or registration in a Member State with respect to vehicles, systems, components, separate technical units, parts or equipment.
From 1st May 2021 suppliers must submit the information in Annex VII into the product database before placing a new tyre on the market.
Obligations of tyre distributors
Distributors must ensure that:
Obligations of vehicle suppliers and distributors
When selling a new vehicle to a customer the supplier/distributor must provide the customer with the tyre label for the tyres that come with the vehicle. There is also an obligation to provide the customer with any relevant technical promotional material and to ensure that the product information sheet is available.
1) Regulation (EU) 2017/1369 setting a framework for energy labelling and repealing Directive 2010/30/EU
An amendment is made to include Regulation (EU) 2020/740 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (’2020 regulations’) into article 12 to ensure the product database continues to serve its intended purpose by expanding its scope to include the 2020 Regulations.
2) European Union (Labelling of Tyres) (Fuel Efficiency) Regulations 2012
These amendments repeal and replace EU Regulation 1222/2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters (‘Regulation 1222/2009’) with effect from 1st May 2021.
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Jurisdiction: EU
Commencement: Comes into force on the 30th of January 2020. Applies from the 1st of January 2020
Amends: Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures introduces a globally harmonised system of classification and labelling of chemicals into European law. It supplements the REACH Regulation for the registration, assessment, authorisation and restrictions concerning chemical substances. The Regulations require that substances and mixtures are classified according to the physical hazards, the health hazards or the environmental hazards that they create. They also detail the labelling and packaging requirements.
Amendments are made to article 25 (Supplemental information on the label) and article 29 (Exemptions from labelling and packaging requirements) to give additional clarification on where unique formula identifiers* (‘UFIs’) are to be placed on products.
* A unique formula identifier is a unique code of letters and numbers that links the information on the composition of a mixture or a group of mixtures to a specific mixture or group of mixtures.
Amendments are also made to Annex VIII (Harmonised information relating to emergency health response and preventative measures), which was introduced by Regulation (EU) 2017/542 amending Regulation (EC) 1272/200 on classification, labelling and packaging of substances and mixtures by adding an Annex on harmonised information relating to emergency health response (‘2017 Regulations’), in order to streamline its interpretation and mitigate some unintended consequences of its introduction.
Amendments are made to provide clarification on the placing on labels of UFIs. The places that a UFI can be displayed are:
Extension to the compliance date for consumer products
The deadline for submitters placing hazardous mixtures on the market for consumer use (as outlined in Annex VIII of Regulation (EC) 1272/2008) to start complying with the new rules has been extended from 1st January 2020 to 1st January 2021. This is to allow sufficient time to develop necessary solutions to unforeseen problems with the 2017 Regulations (e.g. the difficulty of knowing the exact composition of products in cases involving complex supply chains).
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