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

Regulation 5

SCHEDULE 3 E+W+S AMENDMENTS TO THE ENERGY INFORMATION REGULATIONS 2011

The Energy Information Regulations 2011 E+W+S

1.  The Energy Information Regulations 2011 M1 are amended as follows.

Commencement Information

I1 Sch. 3 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. 2011/1524, amended by S.I. 2012/2897, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2018/255.

Amendment to regulation 2 E+W+S

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

(2) In paragraph (1)—

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

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

(c) after the definition of “market surveillance authority”, insert—

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

(3) In paragraph (2)—

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

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

Commencement Information

I2 Sch. 3 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)

Amendment to regulation 3 E+W+S

3.  In regulation 3 (scope), in paragraph (2)(a), for “a third country”, substitute “ outside [F1 Great Britain] ”.

Textual Amendments

F1 Words in Sch. 3 para. 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), 6(3)(4)(c)

Commencement Information

I3 Sch. 3 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)

Amendment to regulation 4 E+W+S

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

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

(3) In paragraph (2)—

(a) for sub-paragraph (b) substitute—

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

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

Commencement Information

I4 Sch. 3 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)

Amendment to regulation 6 E+W+S

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

Commencement Information

I5 Sch. 3 para. 5 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)

Amendment to Schedule 1 E+W+S

6.  In Schedule 1 (EU measures)—

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

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

(c) in the heading to column 2 of the table, for “EU measure”, substitute “ Product-specific measure ”;

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

(e) at the end, insert—

“2.— (1) In the table in paragraph 1, in Column 2 of the row relating to household combined washer-driers, the reference to Commission Directive 96/60/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household combined washer-driers M2 , is to be read as a reference to that Commission Directive as it had effect immediately before [F2 IP completion day], and subject to the modifications in subparagraph (2).

(2) The modifications referred to in subparagraph (1) are that the Commission Directive is to be read as if—

(a) in each place in which they occur, references to “harmonized standards” were references to “designated standards within the meaning of the Ecodesign for Energy-Related Products Regulations 2010”;

(b) in Article 1—

(i) for paragraph 2, there were substituted—

“2.   The information required by this Directive must be measured in accordance with designated standards.”;

(ii) paragraph 3 were omitted;

(c) Article 3 were omitted;

(d) Article 4 were omitted;

(e) Article 6 were omitted;

(f) in Annex 1 (the label)—

(i) in paragraph 2, in Note 4—

(aa) the words from “Without prejudice” to “scheme” were omitted; and

(bb) after “Council Regulation (EEC) No 880/92” there were inserted “ of 23 March 1992 on a Community eco-label award scheme, before [F2 IP completion day] ”;

(ii) in paragraph 2, for Note 12, there were substituted—

“(XII) Where manufacturers so choose, noise during washing, spinning and drying cycles using standard 60°C cotton washing cycle and ‘dry cotton’ drying cycle, determined in accordance with—

(a) EN 60704-3;

(b) EN 60704-2-4 for washing and spinning;

(c) EN 60704-2-6 for drying; or

(d) any relevant measurement standard maintained by a recognised standardisation body”; and

(iii) in paragraph 3, there were omitted the words from “The Secretary of the Committee” to the end; and

(g) in Annex 2 (the fiche)—

(i) in point 4—

(aa) the words from “Without prejudice” to “scheme” were omitted.

(bb) after “Regulation (EEC) No 880/92” there were inserted “ of 23 March 1992 on a Community eco-label award scheme, before [F2 IP completion day] ”; and

(ii) for point 18, there were substituted—

“18.   Where manufacturers so choose, noise during washing, spinning and drying cycles using standard 60°C cotton washing cycle and ‘dry cotton’ drying cycle, determined in accordance with—

(a) EN 60704-3;

(b) EN 60704-2-4 for washing and spinning;

(c) EN 60704-2-6 for drying; or

(d) any relevant measurement standard maintained by a recognised standardisation body.”.”

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

Commencement Information

I6 Sch. 3 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)

Marginal Citations

M2 O.J. L 266, 18.10.1996, p. 1, as amended by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 23 September 2003 (OJ L 236,23.9.2003, p. 33) and Commission Directive 2006/80/EC of 23 October 2006 adapting certain directives in the field of energy, by reason of the accession of Bulgaria and Romania (OJ L 362, 20.12.2006, p. 67).

Amendment to Schedule 2 E+W+S

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

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

Commencement Information

I7 Sch. 3 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)

Amendment to Schedule 3 E+W+S

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

Commencement Information

I8 Sch. 3 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)

Amendment to Schedule 4 E+W+S

9.  In Schedule 4 (civil sanctions)—

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

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

Commencement Information

I9 Sch. 3 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)