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 [F1IP completion day], apply. The following definitions also apply—”.
(3) In Article 4 (conformity assessment)—
(a)for the first paragraph, substitute—
“1. For the purposes of regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control system set out in Part 1 of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010 or the management system for assessing conformity set out in Part 2 of Schedule 1A to those Regulations.”;
(b)in the second paragraph, for “Article 8 of Directive 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 [F2Great Britain] 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 “ [F3Great Britain] ”;
(b)for the second paragraph, substitute—
“When verifying the compliance of a product model with the requirements laid down in this Regulation, for the requirements referred to in this Annex the authorities of [F4Great Britain] 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 ”.
Textual Amendments
F1Words 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
F2Words in Sch. 2 para. 9(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), 6(3)(4)(b)(viii)
F3Words in Sch. 2 para. 9(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), 6(1)(2)(b)(viii)
F4Words in Sch. 2 para. 9(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), 6(3)(4)(b)(viii)
Commencement Information
I1Sch. 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)