Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

Lord Grantchester Excerpts

Tuesday 1st December 2020 Grand Committee

[Lord Grantchester (Lab)]

I thank the Minister for his careful explanation of the order before the Committee. As he says, it does a number of things while basically transposing the EU ecodesign and energy labelling directives into equivalent standards in UK law. The effective continuation of the ecodesign directive of 2009 ensures a progressive energy efficiency standard for electrical products, so that the least efficient are progressively withdrawn from sale, and it embraces consumer rights in respect of the purchase of electrical goods, delivering continuous improvement in energy efficiency. In tandem with this, the labelling framework regulations of 2017 cover the energy efficiency ratings of a product as guidance to consumers.

We can all clearly see the importance of the continuation of those directives and that they are made effective. The other features of the SI update further measures to reflect changes in EU law made since the earlier order was laid at EU exit time. I can clearly approve the order today to continue the policy to reduce the carbon footprint of energy-related products, to support informed purchasing decisions and to encourage the uptake of the most energy-efficient products.

However, the difficulty of this SI clusters around the Northern Ireland protocol, which other speakers have commented on, and the timing of various directives and implementation in UK law. My first specific query relates to the fact that, since exit day, the dates of further EU measures and their implementation through this SI have got out of alignment in respect of the new lighting regulations. I understand that energy labelling requirements for luminaires are repealed in the UK, while ecodesign requirements in the new lighting regulations will not apply until September 2021. Can the Minister clarify what is being done about that mismatch?

In other respects the provisions appear to be consistent with measures that existed before EU exit and what will continue to exist into the future. However, this SI does not seem to accommodate all the issues that were highlighted through the Northern Ireland situation. Northern Ireland will continue to be in the EU regulatory system and the ecolabel with EU badging, as the Minister explained. Products within Great Britain will be marked on UK CA marking but with the additional UK(NI) mark, should products be marketed into Northern Ireland.

It is all a little confusing to understand from the Explanatory Memorandum what is the position of EU goods in Northern Ireland, whether produced there or not, and their labelling, should they be sold into Great Britain. This could have particular reference to goods from the Irish Republic. Am I correct to understand, from paragraph 2.30, that these goods must be rebadged as UK? The UK has yet to produce separate agreements conforming to EU standards, and therefore the existence of a UK mark will not be sufficient to secure marketing arrangements. In the event that no agreement is reached with the EU on the UK’s future relationship, will GB companies have to agree on an additional EU label over and above the UK label? Over time, there could be divergence between Northern Ireland and Great Britain on standards with reference to EU protocols. There will then arise many foreseeable anxieties over safety and other standards for consumers to understand their differences.

There is also no agreement yet on access by Northern Ireland to the EU product database, which informs ecolabelling and product standard activity. The UK should not, as a third country, have access to this database and needs to set one up on its own. Can the Minister update the Committee on how that work is proceeding and whether it will be ready to be implemented from 1 January? I presume the Minister will confirm that Northern Ireland will need to have access to the EU database if it is to continue to work to EU ecolabelling criteria.

What plans do the Government have regarding the declarations of conformity of goods to various standards in and out of Northern Ireland and their checking of these once divergence proceeds between the EU and the UK? What plans do the Government have to address the confusing picture that will be placed in front of the consumer? Which consumer bodies will be drawn into the communication to help with the explanations to the consumer, and how will this be done?

There was little information in the consultations undertaken with stakeholders, other than general agreement to the necessity of these regulations. However, stakeholders were anxious about the limited timeframe to implement the required changes to UK energy labels, and the Minister did update the Committee in the further communication between the Minister in the Commons and various stakeholders in October. Was anything agreed further with stakeholders that could help them comply with the reducing timeframes to agreements before the end of the transition period, and are stakeholders now content?

I thank the noble Lord, Lord Moynihan, for his further questioning on ecodesign in relation to after-use and the climate sensitivities to the lifetime of any product. These are important matters that he raised. He also forsesaw confusion in products that originate in Northern Ireland and in who is responsible for enforcement after the transition period. I also thank the noble Baroness, Lady Bennett, who also raised issues that affect small business traders and modern online platforms. Regarding ecodesign, how will the UK make further efficiency gains over and above those of the EU?

Having said that, it is very important that the UK continues with the commitment to the standards, ecodesign and energy labelling regulations that have proved so beneficial in reducing both energy bills and emissions.