Selling and Marketing your goods
Energy Labelling post EU Exit
EU Commission confirm they will NOT accept products bearing both the UK and EU energy label.
Through our EU trade association APPLiA we asked if it would be possible to provide both the UK and EU Energy Labels in the Republic of Ireland (EU market). Below is their response (short answer: no).
BEAMA are continuing discussions with UK government on clarifications with regards to UK guidance on this. We have also had questions from members on whether the labels can both be provided loose in the box with the product when placed on the EU market. We will get back to members as soon as we have clarification on this point.
EU Commission response:
"The Commission has carefully analysed the question. The EU will not accept products bearing both the UK energy label and the EU energy label, as shown in your email, as being compliant with the Energy Labelling Framework Regulation.
Products bearing both energy labels would not comply with Article 6(c) of the Energy Labelling Framework Regulation:
The supplier and the dealer shall...
(c) for products covered by delegated acts, not provide or display other labels, marks, symbols or inscriptions which do not comply with the requirements of this Regulation and the relevant delegated acts, if doing so would be likely to mislead or confuse customers with respect to the consumption of energy or other resources during use;
The related Recital 23 reads:
In order for customers to retain confidence in the energy label, other labels that mimic the energy label should not be allowed to be used for energy-related products and non-energy-related products. (…) Additional labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the consumption of energy for the product concerned should not be allowed for the same reason. (…)
The design of the UK energy label as shown in your email is exactly the same as the EU energy label, with the only difference being the flag. Therefore, the presence of the UK energy label alongside the EU label would violate the mimicking prohibition. Consumers could easily confuse the UK label (based on UK legislation) with the EU label (based on EU legislation)."
NEW: Guidance has been issued for placing manufactured goods:
NEW: Using the UKCA marking: Guidance has been issued to help you find out if you need to use the UKCA marking and how to use it. For more information, click here.
NEW: Using the UKNI marking: Guidance has been issued to help you find out if you need to use the UKNI marking and how to use it. For more information, click here.
NEW: Placing manufactured goods on the EU market: Guidance has been issued on what you need to do to comply with regulations on manufactured goods you place on the EU market. For more information, click here.
Selling your Goods
✓ Use gov.uk to identify how your business can be ready to sell certain goods in the UK and EU
From the 1 January 2021 the essential requirements and standards that can be used to demonstrate compliance will be the same as they are now. However, there may be other changes you need to make. These are:
- Check which regulations apply to your product – to determine what steps you or others in your supply chain need to take, identify what EU regulations are relevant to you.
- Check if you need a new product approval and begin the process as soon as possible – if your product requires third-party approval, you may need a new approval especially if you sell in both UK and EU. Subject to negotiations, from 1 January 2021 the EU will stop recognising UK approvals.
- Check if you need to appoint a new authorised representative to act on your behalf – UK-based individuals and legal entities will no longer count as established in the EU, and vice-versa. You may need to appoint someone to undertake certain tasks in the EU or UK.
- Speak to your supply chains / distributors and understand new legal duties – make sure your suppliers/distributors/customers understand the actions they need to take. If you distribute EU goods, or have your goods distributed by someone in the EU, you may acquire new legal duties.
- Consider what marking / labelling changes apply to your product – you may need to make changes to the information or regulatory markings that appear on your product, for example to reflect changes to product approvals or new representatives you appoint in the EU.
More information is available at: www.gov.uk/transition.