The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 represent a significant development in Great Britain's post-Brexit product conformity landscape. These Regulations amend the existing Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617) to extend the recognition of the Conformité Européenne (CE) mark for energy-related products. Specifically, products regulated under the European Union’s new and expanded Ecodesign for Sustainable Products Regulation (Regulation (EU) 2024/1781) will be permitted to be sold in Great Britain bearing only the CE mark, provided they also conform with Great British ecodesign standards. This move aims to reduce the regulatory burden on manufacturers and facilitate trade by alleviating the need for a separate UK Conformity Assessed (UKCA) marking for these specific products.

The regulatory environment governing product standards in Great Britain has undergone significant transformation following the United Kingdom's departure from the European Union. A key aspect of this evolution has been the introduction of the UK Conformity Assessed (UKCA) marking, intended to replace the long-standing Conformité Européenne (CE) mark for products placed on the GB market. However, pragmatic adjustments continue to be made to navigate the complexities of international trade and regulatory alignment.

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 mark a notable step in this ongoing process. These Regulations specifically address energy-related products, a sector historically subject to stringent environmental and efficiency standards. By extending the recognition of the CE mark for products compliant with the European Union's comprehensive new Ecodesign for Sustainable Products Regulation (Regulation (EU) 2024/1781), the UK government signals a strategic intent to streamline market access while upholding its own ecodesign objectives. This article will delve into the implications of these amendments for legal professionals and businesses operating within this evolving regulatory framework.

Prior to Brexit, the Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617) served as the foundational legislation in Great Britain, implementing various EU directives aimed at setting minimum energy efficiency standards for a wide array of energy-related products. This framework mandated the affixation of the CE mark, signifying a manufacturer's declaration that a product met essential health, safety, and environmental protection requirements for sale within the European Economic Area (EEA).

Following the UK's withdrawal from the EU, the UKCA marking was introduced as the new mandatory conformity assessment mark for products placed on the Great Britain market, with an initial intention to fully replace the CE mark. However, the implementation deadlines for mandatory UKCA marking have been repeatedly deferred. Notably, on 1 August 2023, the Department for Business and Trade announced an indefinite extension of the use of CE marking for most product categories within its remit, allowing businesses to continue using the CE mark or opt for the UKCA mark for products sold in Great Britain.

Concurrently, the European Union has significantly advanced its ecodesign agenda with the introduction of Regulation (EU) 2024/1781, the Ecodesign for Sustainable Products Regulation (ESPR). This new framework, which entered into force on 18 July 2024, replaces the previous Ecodesign Directive (2009/125/EC) and vastly expands the scope of ecodesign requirements beyond energy-related products to cover nearly all physical products. The ESPR introduces comprehensive sustainability criteria, including durability, repairability, recyclability, and the innovative Digital Product Passport (DPP), aiming to enhance the circularity and environmental performance of products across their lifecycle.

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 specifically address the interface between Great Britain's ecodesign regime and the EU's new ESPR. The core amendment allows for the continued acceptance of the CE mark on energy-related products sold in Great Britain, provided these products are regulated under Regulation (EU) 2024/1781 and, crucially, conform with Great British ecodesign standards. This is not a blanket acceptance of all CE-marked products but a targeted recognition for a specific category under a new, broader EU framework.

This amendment offers significant practical benefits for manufacturers and importers of energy-related products. By removing the requirement for an additional UKCA mark, it reduces the administrative and financial burden associated with dual marking and separate conformity assessment procedures. This pragmatic approach facilitates smoother trade flows between the EU and GB, particularly for products that are designed and manufactured to meet the rigorous new sustainability criteria of the ESPR.

The condition that CE-marked products must also conform with GB ecodesign standards highlights the UK's commitment to maintaining its own regulatory autonomy and environmental objectives. While the UK has generally aimed to align with or even exceed EU ecodesign standards post-Brexit, as evidenced by the Ecodesign for Energy-Related Products and Energy Information Regulations 2021 (SI 2021 No. 745) which introduced 'right to repair' rules, the potential for divergence remains. The 2026 Regulations implicitly acknowledge that while the EU's ESPR is comprehensive, GB retains the right to ensure products meet its specific national standards, even if they bear a CE mark.

Legal professionals must therefore advise clients on the dual compliance requirement: adherence to the EU's ESPR for CE marking purposes and verification against the specific GB ecodesign standards. This necessitates a thorough understanding of both regulatory frameworks and any potential areas of divergence. The mechanism for assessing conformity with GB standards for a CE-marked product will be critical, and businesses should be prepared to demonstrate this compliance to market surveillance authorities in Great Britain. This approach reflects a nuanced post-Brexit strategy, balancing trade facilitation with the preservation of national regulatory control over product environmental performance.

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2026 represent a pragmatic and welcome development for businesses involved in the manufacture and import of energy-related products into Great Britain. By extending CE mark recognition to products compliant with the EU's new Ecodesign for Sustainable Products Regulation (EU) 2024/1781, subject to conformity with GB ecodesign standards, the Regulations aim to reduce complexity and costs associated with product marking and market access. This move reinforces the broader trend of the UK government's flexible approach to product marking post-Brexit, moving away from a strict mandatory UKCA regime for many product categories.

Practitioners should advise clients to meticulously review their compliance strategies, ensuring that energy-related products not only meet the requirements for CE marking under the comprehensive EU ESPR but are also demonstrably compliant with all applicable Great British ecodesign standards. The ongoing evolution of both EU and GB ecodesign frameworks, particularly with the expansive scope of the ESPR and the UK's stated ambition to maintain high environmental standards, will require continuous monitoring. Businesses should prepare for potential future divergences in specific product requirements, necessitating robust technical documentation and clear declarations of conformity to navigate the dual regulatory landscape effectively.