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

Valid from 31/12/2020

Regulation 4

SCHEDULE 2 U.K. AMENDMENTS TO COMMISSION REGULATIONS RELATED TO ECODESIGN

Commission Regulation (EC) No 1275/2008 U.K.

1.—(1) Commission Regulation (EC) No 1275/2008 of 17 December 2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode, and networked standby, electric power consumption of electrical and electronic household and office equipment is amended as follows.

(2) Article 2 (definitions) is amended as follows—

(a) at the beginning, for the words from “For the purposes” to “also apply:”, substitute—

“The definitions set out in the Ecodesign for Energy-Related Products Regulations 2010 M1 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 M2 , as it had effect immediately before exit day, apply. The following definitions also apply—”;

(b) for the definition of “off mode” in paragraph 6, substitute—

“(6) ‘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 M3 ;”.

(3) 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.”.

(4) Omit Article 7 (revision).

(5) 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.”.

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

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

(b) in section 1—

(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 the United Kingdom 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) subparagraph (7) is omitted;

(iv) in the second paragraph—

(aa) for “7” substitute “ 6 ”; and

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

(7) Annex 4 (benchmarks) is amended as follows—

(a) in the first paragraph, for “purpose of Annex I, Part 3, point 2, to Directive 2005/32/EC” substitute “ purposes of this Regulation ”; and

(b) in the second paragraph, for “Directive 2004/108/EC”, substitute “ the Electromagnetic Compatibility Regulations 2016 ”.

Commencement Information

I1 Sch. 2 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 S.I. 2010/2617, amended by S.I. 2011/1043, S.I. 2011/2677, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838, S.I. 2017/1143 and Part 3 of this instrument.

M2 OJ L 285, 31.10.2009, p. 10–35.

M3 S.I. 2016/1091, amended by S.I. 2017/1206.

Commission Regulation (EC) No 107/2009 U.K.

2.—(1) Commission Regulation (EC) No 107/2009 of 4 February 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for simple set-top boxes is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “For the purposes” to “also 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 exit day, apply. The following definitions also apply—”.

(3) For Article 5 (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) Omit Article 8 (revision).

(5) 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.”.

(6) Annex 2 (product compliance verification by market surveillance authorities) is amended as follows—

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

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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) in the fourth paragraph—

(i) for “7” substitute “ 6 ”; and

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

(7) In Annex 3 (benchmarks), in the first paragraph, for “purpose of Annex I, part 3, point 2, of Directive 2005/32/EC” substitute “ purposes of this Regulation ”.

Commencement Information

I2 Sch. 2 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EC) No 244/2009 U.K.

3.—(1) Commission Regulation (EC) No 244/2009 of 18 March 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for non-directional household lamps is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “For the purposes” to “also 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 exit day, apply. The following definitions also apply—”.

(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 2005/32/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 the United Kingdom must apply the verification procedure described in Annex 3.”.

(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 (technical parameters covered and definitions for the purposes of Annexes 2 to 4), in the definition of “lamp mercury content” after “Commission Decision 2002/747/EC”, insert “ , as it had effect immediately before exit day ”.

(8) In Annex 2 (ecodesign requirements for non-directional household lamps), in paragraph 3.1(a), after “Directive 98/11/EC M4 ”, insert “ , as it had effect immediately before exit day ”.

(9) Annex 3 (verification procedure for market surveillance purposes) is amended as follows—

(a) in the first paragraph, for “Member State”, substitute “ United Kingdom ”;

(b) in the fourth paragraph—

(i) for “authorities of the Member States”, substitute “ United Kingdom authorities ”;

(ii) in the first point, for the words from “harmonised” to “Directive 2005/32/EC”, substitute “ designated standards ”.

Commencement Information

I3 Sch. 2 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M4 OJ L 71, 10.3.1998, p. 1.

Commission Regulation (EC) No 245/2009 U.K.

4.—(1) Commission Regulation (EC) No 245/2009 of 18 March 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for fluorescent lamps without integrated ballast, for high intensity discharge lamps, and for ballasts and luminaires able to operate such lamps, and repealing Directive 2000/55/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “For the purposes” to “also 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 exit 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 2005/32/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(4) Omit Article 8 (revision).

(5) 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.”.

(6) Annex 1 (exemptions) is amended as follows—

(a) in paragraph 1, for “Article 8 of Directive 2009/125/EC” substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”;

(b) for paragraph 2(b), substitute—

“(b) lamps that immediately before exit day would have been covered by the requirements of Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres M5 or Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres M6 ;”;

(c) for paragraph 2(c), substitute—

“(c) emergency lighting luminaires and emergency sign luminaires within the meaning of Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits M7 immediately before exit day;”;

(d) for paragraph 2(e) substitute—

“(e) luminaires that immediately before exit day would have been covered by the requirements of—

(i) Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres M8 ;

(ii) Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres M9 ;

(iii) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC M10 ;

(iv) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices M11 ; or

(v) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys M12 ; and

(f) luminaires integrated into equipment that immediately before exit day would have been covered by the requirements referred to in (e)(i) to (v).”;

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

(7) Annex 3 (ecodesign requirements for fluorescent and high intensity discharge lamps and ballasts and luminaires able to operate such lamps) is amended as follows—

(a) in the first subparagraph of paragraph 1.3, for “Article 8 of Directive 2005/32/EC”, substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”;

(b) in the first subparagraph of paragraph 2.2, for “Article 8 of Directive 2005/32/EC”, substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”;

(c) in the second subparagraph of section A of paragraph 3.2, for “Article 8 of Directive 2005/32/EC”, substitute “ regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010 ”.

(8) Annex 4 (verification procedure for market surveillance purposes) is amended as follows—

(a) in each instance, for the words “Member State” or “Member States”, substitute “ United Kingdom ”;

(b) omit “referred to in Article 3(2) of Directive 2005/32/EC”;

(c) in the second paragraph, omit the words from “, including” to “Union”.

Commencement Information

I4 Sch. 2 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M5 OJ L 96, 29.3.2014, p. 309–356.

M6 OJ L 23, 28.1.2000, p. 57–64.

M7 OJ L 96, 29.3.2014, p. 357–374.

M8 OJ L 96, 29.3.2014, p. 309–356.

M9 OJ L 23, 28.1.2000, p. 57–64.

M10 OJ L 157, 9.6.2006, p. 24–86.

M11 OJ L 169, 12.7.1993, p. 1–43.

M12 OJ L 170, 30.6.2009, p. 1–37.

Prospective

Commission Regulation (EC) No 278/2009 U.K.

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(a)

Commission Regulation (EC) No 640/2009 U.K.

6.—(1) Commission Regulation (EC) No 640/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for electric motors 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 exit day, apply. The following definitions also apply—”.

(3) 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.”.

(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 the United Kingdom must apply the verification procedure described in Annex 3.”.

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

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

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I5 Sch. 2 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EC) No 641/2009 U.K.

7.—(1) Commission Regulation (EC) No 641/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in products is amended as follows.

(2) 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 exit day, apply. The following definitions also apply—”.

(3) 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.”.

(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 the United Kingdom must apply the verification procedure described in Annex 3.”.

(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 2 (measurement methods and methodology for calculating the energy efficiency index), in paragraph 1, the words from “, including” to “Union” are omitted.

(8) In Annex 3 (product compliance verification by market surveillance authorities)—

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

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I6 Sch. 2 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EC) No 642/2009 U.K.

8.—(1) Commission Regulation (EC) No 642/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for televisions is amended as follows.

(2) In Article 2 (definitions)—

(a) 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 [F2 IP completion day], apply. The following definitions also apply—”;

(b) for paragraph 7, substitute—

“7.   ‘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), for the first paragraph, 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) Omit Article 6 (revision).

(5) 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.”.

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

(a) in each instance, for “Member State” or “Member States”, substitute “ [F3 Great Britain] ”;

(b) in section A—

(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 [F4 Great Britain] must apply the procedure in subparagraph (1) to (6) below.

The authorities of [F4 Great Britain] must also apply the steps set out in subparagraphs 2(a), 2(b) and 3 below during the verification procedure set out in part B of this Annex.”;

(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) subparagraph (7) is omitted;

(iv) in the third paragraph—

(aa) for “7” substitute “ 6 ”; and

(bb) for “harmonised” substitute “ designated ”;

(c) in section B—

(i) for the first paragraph, substitute—

“When performing market surveillance checks, the authorities of [F5 Great Britain] must apply the following verification procedure for the requirements set out in subparagraphs 1(d) and 2(c) of section 3 of Annex 1, as applicable. They shall use the applicable procedure below, after having deactivated and/or disconnected, as applicable, all network ports of the unit.”;

(ii) in the second paragraph, for “Member States' authorities”, substitute “ [F6 Great Britain] authorities ”;

(d) in section C, the words from “, including” to “Union” are omitted.

Textual Amendments

F2 Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 4

F3 Words in Sch. 2 para. 8(6)(a) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 6(1)(2)(b)(vii)

F4 Words in Sch. 2 para. 8(6)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 6(3)(4)(b)(vi)

F5 Words in Sch. 2 para. 8(6)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 6(3)(4)(b)(vii)

F6 Words in Sch. 2 para. 8(6)(c)(ii) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 6(3)(4)(b)(vii)

Commencement Information

I7 Sch. 2 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EC) No 643/2009 U.K.

9.—(1) Commission Regulation (EC) No 643/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances 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 exit 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 2005/32/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 the United Kingdom must apply the verification procedure described in Annex 5.”.

(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 3 (measurements), in the first paragraph, omit the words from “, including” to “Union”.

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

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

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I8 Sch. 2 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 1015/2010 U.K.

10.—(1) Commission Regulation (EU) No 1015/2010 of 10 November 2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household washing machines 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 exit day, apply. The following definitions also apply—”.

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

(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 the United Kingdom must apply the verification procedure described in Annex 3.”.

(5) Omit Article 7 (revision).

(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 (method for calculating the Energy Efficiency Index, Washing Efficiency Index, water consumption and remaining moisture content), in paragraph 2, omit the words from “, including” to “Union”.

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 the United Kingdom 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 ”.

Commencement Information

I9 Sch. 2 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 1016/2010 U.K.

11.—(1) Commission Regulation (EU) No 1016/2010 of 10 November 2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household dishwashers 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 exit 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 1, the authorities of the United Kingdom must apply the verification procedure described in Annex 3.”.

(5) Omit Article 7 (revision).

(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 (method for calculating the energy efficiency index, the cleaning efficiency index and the drying efficiency index), in the first paragraph of section 2 and of section 3, in both instances, omit the words from “, including” to “Union”.

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 the United Kingdom 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 ”.

Commencement Information

I10 Sch. 2 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 327/2011 U.K.

12.—(1) Commission Regulation (EU) No 327/2011 of 30 March 2011 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for fans driven by motors with an electric input power between 125 W and 500 kW is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph 1, for “Directive 2009/125/EC”, substitute “ the Ecodesign for Energy-Related Products Regulations 2010 ”.

(3) 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 exit 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 this Regulation, the authorities of the United Kingdom must apply the verification procedure described in Annex 3.”.

(6) Omit Article 7 (revision).

(7) 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.”.

(8) In Annex 2 (measurements and calculations), in paragraph 2, omit the words from “, including” to “Union”.

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I11 Sch. 2 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 206/2012 U.K.

13.—(1) Commission Regulation (EU) No 206/2012 of 6 March 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for air conditioners and comfort fans is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “For the purposes” 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 exit day, 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 Annex 1, the authorities of the United Kingdom must apply the verification procedure described in Annex 3.”.

(5) Omit Article 7 (revision).

(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 1 (Ecodesign requirements), for paragraph 1(8), substitute—

“(8) ‘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;”.

(8) In Annex 2 (measurements and calculations) 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I12 Sch. 2 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 547/2012 U.K.

14.—(1) Commission Regulation (EU) No 547/2012 of 25 June 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for water pumps is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “definitions 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 exit day, apply. The following definitions also apply—”.

(3) 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.”.

(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 the United Kingdom 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 3 (measurements and calculations), in the first paragraph, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

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

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

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I13 Sch. 2 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 932/2012 U.K.

15.—(1) Commission Regulation (EU) No 932/2012 of 3 October 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household tumble driers 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 exit day, apply. The following definitions also apply—”.

(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 “conformity assessment pursuant to 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 the United Kingdom must apply the verification procedure described in Annex 3.”.

(5) Omit Article 7 (revision).

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

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

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 the United Kingdom 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 ”.

Commencement Information

I14 Sch. 2 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 1194/2012 U.K.

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 exit 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 the United Kingdom 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 M13 ”.

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

(a) in each instance, for “Member State authorities”, substitute “ United Kingdom 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 the United Kingdom must apply the verification procedures listed in this Annex.”;

(c) before section 1, in the second paragraph, omit the words from “, including” to “Union”;

(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 the United Kingdom ”;

(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 the United Kingdom ”;

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

(iii) in subparagraph (3)—

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

(bb) in each instance, for “Union”, substitute “ United Kingdom ”; and

(iv) in subparagraph (4), for “CE marked products from the Union market”, substitute “ products from the United Kingdom 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.

Commencement Information

I15 Sch. 2 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M13 S.I. 2013/3113, amended by S.I. 2014/1771, S.I. 2015/1968, S.I. 2016/738, S.I. 2016/1154, S.I. 2018/102, and S.I. 2018/942.

Commission Regulation (EU) No 617/2013 U.K.

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 exit 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 “ United Kingdom ”;

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

(c) in section 2 (product compliance verification by market surveillance authorities)—

(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 the United Kingdom 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 ”.

Commencement Information

I16 Sch. 2 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 666/2013 U.K.

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 exit 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 M14 ”;

(c) in subparagraph (16), for the words from “Directive” to “Council” substitute “ the Electrical Equipment (Safety) Regulations 2016 M15 ”.

(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 the United Kingdom 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 exit 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I17 Sch. 2 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M14 S.I. 2008/1597, amended by S.I. 2011/2157, O. 2014/469, S.I. 2015/1630, S.I. 2015/1682, S.I. 2016/1105, S.I. 2018/235 and S.I. 2018/236.

M15 S.I. 2016/1101, amended by S.I. 2017/1206 and S.I. 2018/966.

Commission Regulation (EU) No 813/2013 U.K.

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 exit day would have been ”;

(b) after “Council”, insert “ , as that Directive had effect immediately before exit 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 exit 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;

(c) after subparagraph (23), insert—

“(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) for “Community”, there were substituted “ United Kingdom ”;

(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 ”;

(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 ”.

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) for “Community”, there were substituted “ United Kingdom ”;

(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 ”;”.

(c) in the description of “Module C: Conformity to type”, in paragraph 4—

(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 the United Kingdom 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I18 Sch. 2 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 814/2013 U.K.

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 exit day would have been ”;

(b) after “Council”, insert “ , as that Directive had effect immediately before exit 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 exit 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 the United Kingdom 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I19 Sch. 2 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 66/2014 U.K.

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 exit 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 the United Kingdom 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I20 Sch. 2 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 548/2014 U.K.

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.

[F7 (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) [F8 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 [F2 IP completion day], apply. The following definitions also apply—”

[F9 (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”.]

[F10 (2A) In Article 3 (eco-design requirements), omit the second paragraph.”.]

(3) [F11 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.”

[F12 (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 [F13 Great Britain] must apply the verification procedure described in Annex 3.”.

(5) Omit Article 7 (review).

(6) At the end of [F14 Article 9] (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

[F15 (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 “ [F16 Great Britain] ”;

(b) for [F17 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 [F17 Great Britain] must apply the following procedure—”;

[F18 (ba) in the final paragraph of point (1), omit the words from “The Member State authorities” to “non-compliance of the model”.]

(c) in subparagraph (2)(a)—

(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 [F19 the fifth paragraph]—

(i) for “4” substitute “ 3 ”; and

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

Textual Amendments

F2 Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 4

F7 Sch. 2 para. 22(1A) inserted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(i)

F8 Words in Sch. 2 para. 22(2) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(ii)(aa)

F9 Sch. 2 para. 22(2)(b) inserted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(ii)(bb)

F10 Sch. 2 para. 22(2A) inserted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(iii)

F11 Words in Sch. 2 para. 22(3) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(iv)(aa)

F12 Sch. 2 para. 22(3)(b) inserted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(iv)(bb)

F13 Words in Sch. 2 para. 22(4) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(v)

F14 Words in Sch. 2 para. 22(6) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(vi)

F15 Sch. 2 para. 22(7) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(vii)

F16 Words in Sch. 2 para. 22(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(aa)

F17 Words in Sch. 2 para. 22(8)(b) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(bb)

F18 Sch. 2 para. 22(8)(ba) inserted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(cc)

F19 Words in Sch. 2 para. 22(8)(e) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(dd)

Commencement Information

I21 Sch. 2 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 1253/2014 U.K.

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 exit 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 exit 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 the United Kingdom 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I22 Sch. 2 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) No 2015/1095 U.K.

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 exit 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 the United Kingdom 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 exit 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I23 Sch. 2 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) 2015/1185 U.K.

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 exit 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 the United Kingdom 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 the United Kingdom ”.

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I24 Sch. 2 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) 2015/1188 U.K.

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 exit 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 the United Kingdom 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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I25 Sch. 2 para. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) 2015/1189 U.K.

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 exit 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 the United Kingdom 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 the United Kingdom ”.

(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I26 Sch. 2 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Regulation (EU) 2016/2281 U.K.

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 exit day would have been ”; and

(b) after “emissions”, insert “ , as it had effect immediately before exit 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 exit 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 the United Kingdom 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 exit 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.”;

(c) for subparagraph (82), substitute—

“(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 “ United Kingdom ”;

(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 the United Kingdom must apply the following procedure—”;

(c) in subparagraph (2)(a)—

(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 ”.

Commencement Information

I27 Sch. 2 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)