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Regulation 20B Obligations met by complying with the Directive or the 2024 RegulationF1F10

England, Wales and Scotland

(1)

In this regulation—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

“CE marking” has the meaning given in Article 5(2) F3of the Directive or Article 2(50) of the 2024 Regulation, as applicable;

(c)

“EC declaration of conformity” has the same meaning as in Article 5(3) F4of the Directive or has the same meaning given to the “EU declaration of conformity” in Article 44 of the 2024 Regulation, as applicable; and

(d)

“harmonised standard” has the meaning given to it in Article 2(27) F5of the Directive or Article 2 of the 2024 Regulation, as applicable.

(F62)

Subject to paragraph (8), paragraph (3) applies where—

(a)

before placing a product on the market or putting a product into service, the manufacturer complies with—

(i)

legislation in an EEA state that implements—

(aa)

Article 5 of the Directive (marking and the EC declaration of conformity), and

(bb)

Article 8 of the Directive (conformity assessment), or

(ii)

Article 27(2) of the 2024 Regulation, and

(b)

the EC declaration of conformity is translated into English.

(3)

Where this paragraph applies—

(a)

the requirements in regulation 4 are deemed to be met;

(b)

Schedules 1 and 1A are disapplied;

(c)

regulation 3 applies subject to the modification that references to the “UK marking” are to be read as references to the “CE marking”;

(d)

regulation 7 applies subject to the modifications that—

(i)

the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(ii)

references to “designated standards” are to be read as references to “harmonised standards”;

(e)

regulation 8 applies subject to the modification that the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(f)

regulation 9 applies subject to the modification that references to a “declaration of conformity” or a “declaration” are to be read as references to an “EC declaration of conformity”.

(F74)

Subject to paragraph (8), paragraph (5) applies where—

(a)

before placing a product on the market or putting a product into service, the importer complies with—

(i)

legislation in an EEA state that implements Article 4 of the Directive (responsibilities of the importer); or

(ii)

Article 29(2) of the 2024 Regulation; and

(b)

the EC declaration of conformity is translated into English.

(5)

Where this paragraph applies—

(a)

the requirements imposed on the importer in regulation 5 are deemed to be met;

(b)

Schedules 1 and 1A are disapplied;

(c)

regulation 7 applies subject to the modification that references to “designated standards” are to be read as references to “harmonised standards”;

(d)

regulation 8 applies subject to the modification that the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(e)

regulation 9 applies subject to the modification that references to a “declaration of conformity” or a “declaration” are to be read as references to an “EC declaration of conformity”.

(F86)

Subject to paragraph (8), paragraph (7) applies where——

(a)

before placing a product on the market or putting a product into service, the authorised representative complies with legislation in an EEA state that implements—

(i)

Article 5 of the Directive (marking and the EC declaration of conformity); and

(ii)

Article 8 of the Directive (conformity assessment); and

(b)

the EC declaration of conformity is translated into English.

(7)

Where this paragraph applies—

(a)

the requirements imposed on the authorised representative in regulation 5 are deemed to be met;

(b)

Schedules 1 and 1A are disapplied;

(c)

regulation 7 applies subject to the modification that references to “designated standards” are to be read as references to “harmonised standards”;

(d)

regulation 8 applies subject to the modification that the reference to the “UK marking” is to be read as a reference to the “CE marking”; and

(e)

regulation 9 applies subject to the modification that references to a “declaration of conformity” or a “declaration” are to be read as references to an “EC declaration of conformity”.

(F98)

Where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 10 of the Directive or Article 41 of the 2024 Regulation—

(a)

paragraphs (2)(a)(i)(bb) and (4)(a)(i) and (6)(a)(ii) are to be treated as requiring the manufacturer to have carried out the conformity assessment procedure set out in Article 8 of the Directive;

(b)

paragraphs (2)(a)(ii) and paragraph (4)(a)(ii) are to be treated as requiring the manufacturer to have carried out the conformity assessment procedure set out in Article 39(1) of the 2024 Regulation.

Annotations

Textual amendments

F1

Regs. 20A-20D inserted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 11 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(3)(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Reg. 20B(1)(a) omitted (E.W.S.) (27.7.2026) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(3)(a)

F3

Words in reg. 20B(1)(b) inserted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(3)(b)

F4

Words in reg. 20B(1)(c) inserted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(3)(c)

F5

Words in reg. 20B(1)(d) inserted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(3)(d)

F6

Reg. 20B(2) substituted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(4)

F7

Reg. 20B(4) substituted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(5)

F8

Reg. 20B(6) substituted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(6)

F9

Reg. 20B(8) substituted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(7)

F10

Words in reg. 20B heading inserted (E.W.S.) (27.7.2026) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 (S.I. 2026/750), regs. 1(2), 4(2)

Notes on Part 7

Textual amendments

F1

Pt. 7 heading substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 10; 2020 c. 1, Sch. 5 para. 1(1)