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

Valid from 31/12/2020

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 M1 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 M2 ;”;

(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 M3 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 M4 ;

(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 M5 ;

(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 M6 ;

(iv) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices M7 ; or

(v) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys M8 ; 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

I1 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

M1 OJ L 96, 29.3.2014, p. 309–356.

M2 OJ L 23, 28.1.2000, p. 57–64.

M3 OJ L 96, 29.3.2014, p. 357–374.

M4 OJ L 96, 29.3.2014, p. 309–356.

M5 OJ L 23, 28.1.2000, p. 57–64.

M6 OJ L 157, 9.6.2006, p. 24–86.

M7 OJ L 169, 12.7.1993, p. 1–43.

M8 OJ L 170, 30.6.2009, p. 1–37.