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

Commission Regulation (EC) No 278/2009

5.—(1) Commission Regulation (EC) No 278/2009 of 6 April 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for no-load condition electric power consumption and average active efficiency of external power supplies 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 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 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”.