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S.I. No. 668/2022 - Sustainable Energy Act 2002 (Conferral of Additional Functions Energy Efficiency) Order 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th December, 2022.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 8 (2) of the Sustainable Energy Act 2002 (No. 2 of 2002), having consulted with the Minister for Public Expenditure and Reform, the Minister for Enterprise, Trade and Employment and the Sustainable Energy Authority of Ireland, and for the purpose of giving effect to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20191 , hereby order as follows:

1. This Order may be cited as the Sustainable Energy Act 2002 (Conferral of Additional Functions -Energy Efficiency) Order 2022.

2. In this Order-

The following additional functions in relation to energy efficiency are conferred on the Sustainable Energy Authority of Ireland:

(a) To act as Market Surveillance Authority, in accordance with Article 10 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019, in relation to energy related products under the Ecodesign Directive 2009/125/EC2 , Energy Labelling Framework Regulation (EU) 2017/13693 , and the Labelling of Tyres with respect to fuel efficiency and other essential parameters under Regulation (EU) 2020/7404 .

(b) The Sustainable Energy Authority of Ireland will have the power to appoint authorised officers, for the purpose of Article 14 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 to perform market surveillance of products under Regulation (EU) 2017/1369, Regulation (EU) 2020/740 and Directive 2009/125/EC

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GIVEN under my Official Seal,

14 December, 2022.

EAMON RYAN,

Minister for the Environment,

Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order confers additional functions on the Sustainable Energy Authority of Ireland (SEAI). The functions being assigned to SEAI are those of the Market Surveillance Authority for Energy Labelling and Ecodesign of energy related products, and Tyre labelling.

1 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ No. L 169, 25,6.2019, p. 1)

2 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10)

3 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1)

4 Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (OJ L 177 5.6.2020, p.1)