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The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-08

Last updated 2020-12-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted;

(e) for the third paragraph, substitute—

The authorities of Great Britain must use measurement procedures which take into account the generally recognised, state-of-the-art, reliable, accurate and reproducible measurement methods and must use the measurement and calculation methods set out in Annex 2.

; and

(f) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 1194/2012

16

(1) Commission Regulation (EU) No 1194/2012 of 12 December 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for directional lamps, light emitting diode lamps and related equipment is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “this Regulation:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(3) Article 4 (conformity assessment) is amended as follows—

(a) for paragraph 1, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in this Regulation, the authorities of Great Britain must apply the verification procedure described in Annex 4.

(5) Omit Article 7 (revision).

(6) At the end of Article 8 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 1 (product information requirements for special purpose products), in paragraphs 1 and 2, in both instances, for “Article 8 of Directive 2009/125/EC”, substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(8) In Annex 3 (ecodesign requirements)—

(a) in paragraph 2.3(b), for “Article 8 of Directive 2009/125/EC”, substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”;

(b) in paragraph 3.1.3(o) for “Directive 2012/19/EU of the European Parliament and of the Council”, substitute “ the Waste Electrical and Electronic Equipment Regulations 2013 ”.

(9) In Annex 4 (verification procedure for market surveillance purposes)—

(a) in each instance, for “Member State authorities”, substitute “ Great Britain authorities ”;

(b) before section 1, for the first paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the verification procedures listed in this Annex.

(d) in section 1 (verification procedure for lamps other than LED lamps and for LED lamps that are meant to be replaced in the luminaire by the end-user) in the first paragraph, for “Member States' authorities” substitute “ The authorities of Great Britain ”;

(e) in section 2 (verification procedure for LED modules not intended to be removed from the luminaire by the end-user)—

(i) in the first paragraph, for “Member States' authorities” substitute “ the authorities of Great Britain ”;

(ii) in the second paragraph, for “Member States' authorities” substitute “ The authorities of Great Britain ”;

(iii) in subparagraph (3)—

(aa) for “CE marked product(s) from the Union market”, substitute “ products from the Great Britain market with the UK marking ”;

(bb) in each instance, for “Union”, substitute “ Great Britain ”; and

(iv) in subparagraph (4), for “CE marked products from the Union market”, substitute “ products from the Great Britain market with the UK marking ”; and

(f) in section 3 (verification procedure for equipment designed for installation between the mains and the lamps)—

(i) in the second paragraph, omit the words from “, including” to “Union”; and

(ii) in the sixth paragraph, omit the words from “The Member” to the end.

Commission Regulation (EU) No 617/2013

17

(1) Commission Regulation (EU) No 617/2013 of 26 June 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for computers and computer servers is amended as follows.

(2) In Article 2 (definitions), at the beginning, for “The following definitions shall apply:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(3) For Article 6 (conformity assessment), substitute—

For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(4) In Article 7 (market surveillance and verification procedure), for “Directive 2009/125/EC”, substitute “ the Ecodesign for Energy-Related Products Regulations 2010 ”.

(5) Omit Article 9 (revision).

(6) At the end of Article 10 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) Annex 3 (measurements by market surveillance authorities and product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) in section 1 (measurements), in the first paragraph, for the words from “harmonised” to “Union”, substitute “ designated standards ”;

(i) for the first paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(ii) in subparagraph (2)(a)—

(aa) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)”, substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(bb) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(iii) omit subparagraph (7); and

(iv) in the third paragraph, for “7” substitute “ 6 ”.

(8) In Annex 4 (indicative benchmarks), for “purpose of Part 3, point 2 of Annex I to Directive 2009/125/EC” substitute “ purposes of this Regulation ”.

Commission Regulation (EU) No 666/2013

18

(1) Commission Regulation (EU) No 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners is amended as follows.

(2) In Article 2 (definitions)—

(a) at the beginning, for the words from “In addition” to “this Regulation:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(b) in subparagraph (10), for the words from “Directive” to “Council” substitute “ Supply of Machinery (Safety) Regulations 2008 ”;

(c) in subparagraph (16), for the words from “Directive” to “Council” substitute “ the Electrical Equipment (Safety) Regulations 2016 ”.

(3) In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annex 1, the authorities of Great Britain must apply the verification procedure described in Annex 3.

(5) Omit Article 7 (revision).

(6) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 1 (ecodesign requirements), in paragraph 2(a), after “any delegated acts”, insert “ , as they had effect immediately before IP completion day, ”.

(8) In Annex 2 (measurement and calculation methods), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(9) Annex 3 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 813/2013

19

(1) Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph 2(c)—

(a) after “heaters” insert “ that immediately before IP completion day would have been ”;

(b) after “Council”, insert “ , as that Directive had effect immediately before IP completion day ”.

(3) In Article 2 (definitions)—

(a) at the beginning, for the words from “In addition” to “this Regulation:”, substitute

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(b) for subparagraph (23), substitute—

(23) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5;

and;

(24) ‘approved body’ has the meaning given to it in paragraph 1(1) of Schedule 1B to the Ecodesign for Energy-Related Products Regulations 2010.

(4) In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations, without prejudice to paragraph 3.

(b) after paragraph 2, insert—

(3) The conformity of series-produced boilers must be certified by— (a) examination of the efficiency of a boiler type in accordance with module B as described in Annex 3 to Directive 92/42/EEC, subject to the modifications in paragraph 4; and (b) a declaration of conformity to the approved type in accordance with module C, D or E as described in Annex 4 to Directive 92/42/EEC subject to the modifications in paragraph 5. For boilers burning gaseous fuels, the procedures for assessing the conformity of their efficiency must be those used to assess conformity to the safety requirements laid down in Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC. (4) The modifications referred to in paragraph 3(a) are that Annex 3 to Directive 92/42/EEC is to be read as if— (a) the definitions in Article 2 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters apply and prevail over any conflicting definitions in Directive 92/42/EEC; (b) in each instance— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) for “the Directive” there were substituted “ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”; (iii) for “EC type-examination”, there were substituted “ type-examination ”; (iv) for “notified body” there were substituted “ approved body ”; (v) for “notified bodies” there were substituted “ approved bodies ”; (vi) for “standards referred to in Article 5(2)” there were substituted “ relevant designated standards ”; (ba) for “the Community”, in the first four places it occurs, there were substituted “Great Britain”; (c) in the heading, “EC” were omitted; (d) in paragraph 3, for the fourth indent, there were substituted— “ — a list of the designated standards applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters where the relevant designated standards have not been applied, ”; (e) in paragraph 5, for “this Directive”, there we substituted “ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”. (f) in paragraph 9, for “the Community market” there were substituted “the market of Great Britain”; (5) The modifications referred to in paragraph 3(b) are that Annex 4 to Directive 92/42/EEC is to be read as if— (a) the definitions in Article 2 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters apply and prevail over any conflicting definitions in Directive 92/42/EEC; (b) in each instance— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) for “CE marking”, there were substituted “ UK marking ”; (ii) for “the Directive”, there were substituted “ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”; (iii) for “this Directive”, there were substituted “ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”; (iv) for “EC type-examination”, there were substituted “ type-examination ”; (v) for “notified body” there were substituted “ approved body ”; and (vi) for “notified bodies” there were substituted “ approved bodies ”; (ba) in the description of Module C: Conformity to type, in paragraph 3— (i) for “the Community”, in the first place it occurs, there were substituted “Great Britain”; (ii) for “the Community market” there were substituted “the market of Great Britain”; (bb) for “the Community”, in each other place it occurs, there were substituted “Great Britain”;

(i) for “standard or standards referred to in Article 5(2)”, there were substituted “ designated standard ”; and

(ii) for “Directive” there were substituted “ legislation ”;

(d) in the description of “Module D: Production quality assurance”, in paragraph 3.3, for “harmonized” there were substituted “ designated ”; and

(e) in the description of “Module E: Product quality assurance”—

(i) in subparagraph 3.2, for “standard(s) referred to in Article 5”, there were substituted “ designated standard ”; and

(ii) in subparagraph 3.3, for “harmonized”, there were substituted “ designated ”.

(5) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annex 2, the authorities of Great Britain must apply the verification procedure described in Annex 4.

(6) Omit Article 7 (review).

(7) At the end of Article 10 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(8) In Annex 1 (definitions applicable for Annexes 2 to 5), for subparagraph (46), substitute—

(46) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;

(9) In Annex 3 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(10) Annex 4 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State”, substitute “ Great Britain ”;

(b) before subparagraph (1), for the words from “When verifying” to “following procedure”, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) omit subparagraph (7); and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 814/2013

20

(1) Commission Regulation (EU) No 814/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for water heaters and hot water storage tanks is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph 2(c)—

(a) after “heaters” insert “ that immediately before IP completion day would have been ”;

(b) after “Council”, insert “ , as that Directive had effect immediately before IP completion day ”.

(3) In Article 2 (definitions)—

(a) at the beginning, for the words from “In addition” to “this Regulation:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(b) for subparagraph (18), substitute—

(18) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.

(4) In Article 4 (conformity assessment), for the first paragraph, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(5) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annex 2, the authorities of Great Britain must apply the verification procedure described in Annex 5.

(6) Article 7 (review) is omitted.

(7) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(8) In Annex 3 (measurements), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(9) In Annex 4 (calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(10) Annex 5 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 66/2014

21

(1) Commission Regulation (EU) No 66/2014 of 14 January 2014 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for domestic ovens, hobs and range hoods is amended as follows.

(2) In Article 2 (definitions)—

(a) at the beginning, for the words from “In addition” to “this Regulation:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(b) for subparagraph (25), substitute—

(25) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;

(3) In Article 4 (conformity assessment)—

(a) for the first paragraph, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in the second paragraph, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annex 1, the authorities of Great Britain must apply the verification procedure described in Annex 3.

(5) Article 7 (review) is omitted.

(6) At the end of Article 8 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 2 (measurements and calculations), in the first paragraph, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(8) Annex 3 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 548/2014

22

(1) Commission Regulation (EU) No 548/2014 of 21 May 2014 on implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to small, medium and large power transformers is amended as follows.

(1A) In Article 1 (subject matter and scope)—

(a) in paragraph 2(l), for “Directive 94/9/EC of the European Parliament and of the Council” substitute “the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016”;

(b) in paragraph 2(o), for “Article 3 of Council Directive 2009/71/Euratom” substitute “section 26 of the Nuclear Installations Act 1965”;

(c) in paragraph 3, omit “This is without prejudice to the legal obligations under other Union’s harmonisation legislation that these products could be subject to”.

(2) In Article 2 (definitions)—

(a) at the beginning, for “For the purpose of this Regulation and its annexes the following definitions shall apply.”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(b) In point (17), for “point 2 of Annex IV to Directive 2009/125/EC” substitute “paragraph 1(2)(b) of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010”.

(2A) In Article 3 (eco-design requirements), omit the second paragraph.”.

(3) In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute—

For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010.”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in this Regulation, the authorities of Great Britain must apply the verification procedure described in Annex 3.

(5) Omit Article 7 (review).

(6) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 2 (measurement and calculation methods)—

(a) in the first paragraph, omit the words from “including” to “Union”;

(b) the second paragraph, for “relevant harmonised standards” substitute “designated standards”.

(8) Annex 3 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the third paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(ba) in the final paragraph of point (1), omit the words from “The Member State authorities” to “non-compliance of the model”.

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (4) is omitted; and

(e) in the fifth paragraph—

(i) for “4” substitute “ 3 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 1253/2014

23

(1) Commission Regulation (EU) No 1253/2014 of 7 July 2014 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for ventilation units is amended as follows.

(2) In Article 1, in subparagraph 2(d), after “Council”, insert “ , as it had effect immediately before IP completion day ”.

(3) In Article 2 (definitions), at the beginning, for “For the purposes of this Regulation the following definitions shall apply:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(4) In Article 5 (conformity assessment), in paragraph 1, for the words from “Manufacturers of ventilation” to “Annex V to that Directive”, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(5) For Article 6 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out for RVUs in Annex 2 and for NRVUs in Annex 3 the authorities of Great Britain must apply the verification procedure described in Annex 6.

(6) In Article 7 (benchmarks), omit “referred to in point (2) of Part 3 of Annex 1 to Directive 2009/125/EC”.

(7) Article 8 (review) is omitted.

(8) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(9) Annex 6 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (6) is omitted; and

(e) in the fourth paragraph—

(i) for “6” substitute “ 5 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) No 2015/1095

24

(1) Commission Regulation (EU) No 2015/1095 of 5 May 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for professional refrigerated storage cabinets, blast cabinets, condensing units and process chillers is amended as follows.

(2) In Article 2 (definitions), in paragraph 1, for “The following definitions shall apply:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(3) In Article 4 (conformity assessment)—

(a) for the first paragraph, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in the second paragraph, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes), substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annexes 2, 5 and 7, the authorities of Great Britain must apply the verification procedures described in Annexes 9, 10 and 11.

(5) Omit Article 7 (review).

(6) At the end of Article 8 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 2 (ecodesign requirements for professional refrigerated storage cabinets and blast cabinets), in paragraph 2(d)(iii), after “Council”, insert “ , as it had effect immediately before IP completion day ”.

(8) In Annex 4 (measurements and calculations for professional refrigerated storage cabinets), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(9) In Annex 6 (measurements and calculations for condensing units), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(10) In Annex 8 (measurements and calculations for process chillers), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(11) Annex 9 (product compliance verification by market surveillance authorities for professional refrigerated storage cabinets) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

(12) Annex 10 (product compliance verification by market surveillance authorities for condensing units) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

(13) Annex 11 (product compliance verification by market surveillance authorities for process chillers) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) 2015/1185

25

(1) Commission Regulation (EU) 2015/1185 of 24 April 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for solid fuel local space heaters is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “shall apply:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(3) In Article 4 (conformity assessment)—

(a) for the first paragraph, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in the second paragraph, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes), substitute—

When performing market surveillance checks to assess compliance with the requirements set out in this Regulation, the authorities of Great Britain must apply the verification procedures described in Annex 2.

(5) Omit Article 7 (review).

(6) In Article 8 (transitional provisions), for “Member States”, substitute “ the authorities of Great Britain ”.

(7) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(8) In Annex 1 (definitions applicable for Annexes 2 to 5), for subparagraph (2), substitute—

(2) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5;

(9) In Annex 2 (ecodesign requirements), in paragraph 3(b)(i), omit “of the Member State”.

(10) In Annex 3 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(11) Annex 4 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) 2015/1188

26

(1) Commission Regulation (EU) 2015/1188 of 28 April 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for local space heaters is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “shall apply”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(3) In Article 4 (conformity assessment)—

(a) for the first paragraph, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in the second paragraph, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annex 2, the authorities of Great Britain must apply the verification procedure described in Annex 4.

(5) Omit Article 7 (review).

(6) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 1 (definitions applicable for Annexes 2 to 5), for subparagraph (2), substitute—

(2) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5;

(8) In Annex 3 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(9) In Annex 4 (product compliance verification by market surveillance authorities)—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) 2015/1189

27

(1) Commission Regulation (EU) 2015/1189 of 28 April 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for solid fuel boilers is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “this Regulation:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(3) In Article 4 (conformity assessment)—

(a) for the first paragraph, substitute—

(1) For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(b) in the second paragraph, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) For Article 5 (verification procedure for market surveillance purposes), substitute—

When performing market surveillance checks to assess compliance with the requirements set out in this Regulation, the authorities of Great Britain must apply the verification procedures described in Annex 2.

(5) Omit Article 7 (review).

(6) In Article 8 (transitional provision), for “Member States”, substitute “ the authorities of Great Britain ”.

(7) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(8) In Annex 1 (definitions applicable to Annexes 2 to 5), for subparagraph (12), substitute—

(12) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.

(9) In Annex 3 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(10) Annex 4 (product compliance verification by market surveillance authorities) is amended as follows—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (7) is omitted; and

(e) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

(ii) for “harmonised” substitute “ designated ”.

Commission Regulation (EU) 2016/2281

28

(1) Commission Regulation (EU) 2016/2281 of 30 November 2016 implementing Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products, with regard to ecodesign requirements for air heating products, cooling products, high temperature process chillers and fan coil units is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph (2)(i)—

(a) after “installations” insert “ that immediately before IP completion day would have been ”; and

(b) after “emissions”, insert “ , as it had effect immediately before IP completion day ”.

(3) In Article 2 (definitions), at the beginning, for the words from “For the purposes” to “Directive 2009/125/EC:”, substitute—

The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 apply; and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(4) For Article 4 (conformity assessment), substitute—

For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.

(5) For Article 5 (verification procedure for market surveillance purposes) substitute—

When performing market surveillance checks to assess compliance with the requirements set out in Annex 2, the authorities of Great Britain must apply the verification procedure described in Annex 4.

(6) Omit Article 7 (review).

(7) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(8) Annex 1 (definitions applicable for Annexes 2 to 5) is amended as follows—

(a) for the first paragraph substitute—

For the purposes of this Regulation, the definitions in the Ecodesign for Energy-Related Products Regulations 2010 apply and for any term that is not defined in those Regulations, the definitions set out in 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, as it had effect immediately before IP completion day, apply. The following definitions also apply—

(b) for subparagraph (1), substitute—

(1) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.

(82) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;

(9) In Annex 3 (measurement and calculation), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(10) In Annex 4 (product compliance verification by market surveillance authorities)—

(a) in each instance, for “Member State” or “Member States”, substitute “ Great Britain ”;

(b) for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of Great Britain must apply the following procedure—

(i) for “point 2 of Annex IV to Directive 2009/125/EC (declared values)” substitute “ paragraph 1(2) of Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 ”; and

(ii) for “paragraph (g) thereof”, substitute “ paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations ”;

(d) subparagraph (8) is omitted; and

(e) in the fourth paragraph—

(i) for “8” substitute “ 7 ”; and

(ii) for “harmonised” substitute “ designated ”.

SCHEDULE 3 — AMENDMENTS TO THE ENERGY INFORMATION REGULATIONS 2011

The Energy Information Regulations 2011

1

The Energy Information Regulations 2011 are amended as follows.

Amendment to regulation 2

2

(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) omit the definition of “EU measure”;

(b) in the definition of “market surveillance authority”, omit “and”;

“product-specific measure” means in relation to a product mentioned in column 1 of the table in Schedule 1, the corresponding measure referred to in column 2 of that table; and

(3) In paragraph (2)—

(a) in sub-paragraph (a), for “an EU measure” substitute “ a product-specific measure ”;

(b) after sub-paragraph (c), for “that EU measure” substitute “ that product-specific measure ”.

Amendment to regulation 3

3

In regulation 3 (scope), in paragraph (2)(a), for “a third country”, substitute “ outside Great Britain ”.

Amendment to regulation 4

4

(1) Regulation 4 (enforcement) is amended as follows.

(2) In paragraph (1)(d), for “Article 11(13) (procedure for the introduction and rescaling of labels)”, substitute “ Article 11B (duties placed on suppliers and dealers where labels are rescaled) ”.

(3) In paragraph (2)—

(a) for sub-paragraph (b) substitute—

(b) Article 4(2), (6) and (8) (obligations of suppliers in relation to product information);

(b) in sub-paragraph (e), for “Article 11(13) (procedure for the introduction and rescaling of labels)”, substitute “ Article 11B (duties placed on suppliers and dealers where labels are rescaled) ”.

Amendment to regulation 6

5

In regulation 6(a), for “EU measures”, substitute “ product-specific measures ”.

Amendment to Schedule 1

6

In Schedule 1 (EU measures)—

(a) in the heading, for “EU measures”, substitute “ Product-specific measures ”;

(b) in paragraph 1 for “EU measure”, substitute “ product-specific measure ”;

(d) in the heading to column 3 of the table, for “EU measure”, substitute “ product-specific measure ”;

(e) at the end, insert—

(2) (1) In the table in paragraph 1, in Column 2 of the row relating to household combined washer-driers, the reference to Commission Directive 96/60/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household combined washer-driers , is to be read as a reference to that Commission Directive as it had effect immediately before IP completion day, and subject to the modifications in subparagraph (2). (2) The modifications referred to in subparagraph (1) are that the Commission Directive is to be read as if— (a) in each place in which they occur, references to “harmonized standards” were references to “designated standards within the meaning of the Ecodesign for Energy-Related Products Regulations 2010”; (b) in Article 1— (i) for paragraph 2, there were substituted— (2) The information required by this Directive must be measured in accordance with designated standards. (ii) paragraph 3 were omitted; (c) Article 3 were omitted; (d) Article 4 were omitted; (e) Article 6 were omitted; (f) in Annex 1 (the label)— (i) in paragraph 2, in Note 4— (aa) the words from “Without prejudice” to “scheme” were omitted; and (bb) after “Council Regulation (EEC) No 880/92” there were inserted “ of 23 March 1992 on a Community eco-label award scheme, before IP completion day ”; (ii) in paragraph 2, for Note 12, there were substituted— (XII) Where manufacturers so choose, noise during washing, spinning and drying cycles using standard 60°C cotton washing cycle and ‘dry cotton’ drying cycle, determined in accordance with— (a) EN 60704-3; (b) EN 60704-2-4 for washing and spinning; (c) EN 60704-2-6 for drying; or (d) any relevant measurement standard maintained by a recognised standardisation body (iii) in paragraph 3, there were omitted the words from “The Secretary of the Committee” to the end; and (g) in Annex 2 (the fiche)— (i) in point 4— (aa) the words from “Without prejudice” to “scheme” were omitted. (bb) after “Regulation (EEC) No 880/92” there were inserted “ of 23 March 1992 on a Community eco-label award scheme, before IP completion day ”; and (ii) for point 18, there were substituted— (18) Where manufacturers so choose, noise during washing, spinning and drying cycles using standard 60°C cotton washing cycle and ‘dry cotton’ drying cycle, determined in accordance with— (a) EN 60704-3; (b) EN 60704-2-4 for washing and spinning; (c) EN 60704-2-6 for drying; or (d) any relevant measurement standard maintained by a recognised standardisation body.

Amendment to Schedule 2

7

In Schedule 2 (powers of entry and warrants), for paragraph 1(3)(a), substitute—

(a) be accompanied by such other persons as the authorised person considers necessary; and

Amendment to Schedule 3

8

In Schedule 3 (testing), in each instance in paragraphs 2(1), 3(1) and (2)(a), and 6(a) for “an EU measure”, substitute “ a product-specific measure ”.

Amendment to Schedule 4

9

In Schedule 4 (civil sanctions)—

(a) in paragraph 7(1), for “an EU measure” substitute “ a product-specific measure ”;

(b) in paragraph 13, in each instance in subparagraphs (1)(b), (2)(b)(ii) and (3) for “an EU measure”, substitute “ a product-specific measure ”.

SCHEDULE 4 — AMENDMENTS TO REGULATION (EU) 2017/1369 SETTING A FRAMEWORK FOR ENERGY LABELLING

Regulation (EU) 2017/1369

1

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 is amended as follows.

Amendment to Article 1

2

In Article 1 (subject-matter and scope), in paragraph 2(a), for “a third country”, substitute “ outside Great Britain ”.

Amendment to Article 2

3

(1) Article 2 (definitions) is amended as follows.

(2) In point (7), for “the Union market” substitute “the market of Great Britain”.

(3) For point (8), substitute—

‘placing on the market’ means the first making available of a product on the market of Great Britain, and related expressions must be construed accordingly;

(4) For point (9), substitute—

‘putting into service’ means the first use of a product for its intended purpose on the market of Great Britain;

(5) In point (11), for “the Union” substitute “Great Britain”.

(6) For point (12) substitute—

““importer” means a person who—is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

(7) For point (14), substitute—

(14) “supplier” means a manufacturer established in Great Britain, the authorised representative of a manufacturer who is not established in Great Britain, or an importer, who places a product on the market;

(8) For point (18), substitute—

‘designated standard’ has the meaning given to it by regulation 2A of the Ecodesign for Energy-Related Products Regulations 2010;

(9) In point (19), for “Article 11(10) and (11)” substitute “ Article 11(10)(a) and (b) ”.

(10) Omit point (25).

(11) After point (26), insert—

(27) ‘delegated act’ means a product-specific measure listed in column 2 of the table in Schedule 1 to the Energy Information Regulations 2011 or made by the Secretary of State under Article 11. (28) “market surveillance” and “market surveillance authority” have the meanings set out in Article 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93;

Amendment to Article 3

4

(1) Article 3 (general obligation of supplies) is amended as follows.

(2) In paragraph 1, omit the second subparagraph.

(3) In paragraph 2, for “Article 11(13)”, substitute “ Article 11B ”.

Amendment to Article 4

5

(1) Article 4 (obligations of suppliers in relation to the product database) is amended as follows.

(2) In the heading, for “the product database”, substitute “ product information ”.

(3) Omit paragraph 1.

(4) For the first and second subparagraphs of paragraph 2, substitute—

(2) Where units of models covered by a delegated act are placed on the market the supplier must make an electronic version of the technical documentation available for inspection within 10 days of a request received from market surveillance authorities.

(5) Omit paragraphs 3 and 4.

(6) In paragraph 5, for “obligations referred to in paragraphs 1 and 2”, substitute “ obligation referred to in paragraph 2 ”.

(7) For paragraph 6, substitute—

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