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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Energy Information Regulations 2011 (S.I. 2011/1524) (“the 2011 Regulations”).

The 2011 Regulations implemented Directive 2010/30/EU (“the Directive”), which is replaced by Regulation (EU) 2017/1369 of the European Parliament and of the Council setting a framework for energy labelling and repealing Directive 2010/30/EU (“the EU Energy Labelling Regulation”).

In consequence of the coming into force of the EU Energy Labelling Regulation, these Regulations replace references to the Directive with references to the EU Energy Labelling Regulation and alter the domestic enforcement regime for the labelling of energy-related products.

Regulation 4 amends regulation 3 of the 2011 Regulations and applies the 2011 Regulations to energy-related products (which is defined in Article 2 of the EU Energy Labelling Regulation). It amends the list of matters to which the 2011 Regulations do not apply in line with Article 1(2) of the EU Energy Labelling Regulation.

Regulation 5 amends regulation 4 of the 2011 Regulations to designate the market surveillance authorities for the obligations imposed on suppliers and dealers by the EU Energy Labelling Regulation. These obligations supersede the obligations in Parts 3 and 4 of the 2011 Regulations, which are revoked by regulation 7.

Regulation 8 replaces the criminal offence in regulation 11 of the 2011 Regulations with a criminal offence for contravention of the obligations placed on suppliers or dealers by the provisions of the EU Energy Labelling Regulation listed in regulation 4 of the 2011 Regulations, as amended.

Regulation 13 revokes paragraph 2 of Schedule 4 which is superseded by Article 9(2) of the EU Energy Labelling Regulation (procedure at national level for dealing with products presenting a risk).

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. An impact assessment was prepared prior to the adoption of the EU Energy Labelling Regulation and an assessment of costs and benefits will be carried out prior to each of the product-specific EU measures being adopted by the European Commission.