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About MCS

MCS is a mark of quality and demonstrates
compliance to industry standards that companies
strive to meet. It highlights to consumers that
companies are able to consistently install or
manufacture to the highest quality every time.

The Microgeneration Certification Scheme, today publishes a statement on the Judicial Review (held on the 2nd and 3rd October 2013) between the Claimant Energie EST LDA and the 1st Defendants, the Secretary of State for Energy and Climate Change and the 2nd Defendants, MCS SMG and other interested parties.

MCS welcomes the decision to dismiss the claim against the Secretary of State for Energy and Climate Change and MCS and thanks Mr Justice Blair for his considered and balanced judgment, in a case that looked to test the scope of certification for products entering the UK market.

MCS was set up as an industry-led scheme by the Secretary of State for Energy and Climate Change to support the deployment of microgeneration technology by increasing the public’s confidence in the products and installation companies in the sector. This is our core purpose and MCS strives hard to develop and maintain a scheme that provides that confidence.

MCS is grateful the judge recognised that MCS continuously has to “strike a balance on the one hand between the application of its standards and methodology in support of consumer confidence, and on the other avoiding the risk of discouraging innovation and competition.”  This is not an easy task with so many stakeholders to satisfy. 

As a body which relies on so many volunteers, it is important that the balance is maintained and MCS would like to take this opportunity to thank all those stakeholders for maintaining this balanced approach.

As with any fast developing technology sector, innovation of technology and systems will always need to be accommodated in a timely manner, to ensure consumers can benefit from the latest developments. That is why MCS has processes in place to support and assist industry in developing standards that can be certified against.

It is important that all MCS standards provide ongoing confidence in the safety, performance and durability of systems installed across the UK, while being cognisant of our obligations under UK and EU law – obligations which MCS takes very seriously. This is why MCS is grateful for Mr Justice Blair’s recognition that there has been no breach of UK or EU Law.

MCS looks forward to discussing early in the development and deployment cycle any new technology to ensure that the product and installation standards can support their deployment.  

However, developing consensus based standards is a complex and time consuming process, and MCS now looks forward to concluding the development of standards for thermodynamic systems of the type the claimant and other stakeholders have in a timely manner.  

 

Gideon Richards

Chairman, MCS Steering Group and Interim CEO, MCS Service Company Ltd.

 

Note to Editors

  1. This relates to a legal claim brought against MCS by way of judicial review, by Energie Est Lda, a Portuguese manufacturer of "thermodynamic solar panels".  Energie Est Lda sought the judicial review of MCS decisions relating to the certification of its products to MCS standards, and the ongoing MCS process to bring these types of products within the scope of the MCSThe claim (including a claim for substantial damages) has been dismissed in its entirety.
  2. The contact for media enquiries is This email address is being protected from spambots. You need JavaScript enabled to view it. who can deal with most factual enquiries. Any request to that address for comment on behalf of MCS will be escalated to Gideon Richards or an appropriate spokesperson.
  3. To read the complete Judicial Review please click here.