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

Amendment to regulation 2 E+W+S

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

(2) For paragraph (1), substitute—

“(1) In these Regulations—

“applicable implementing measure” means in relation to an energy-related product mentioned in the left hand column of the table in paragraph 4 of Schedule 1, the corresponding implementing measure referred to in the right hand column of that table;

“approved body” has the meaning given to it in paragraph 1(1) of Schedule 1B;

“authorised person” means a person authorised by the market surveillance authority in accordance with regulation 12;

“authorised representative” means—

(a)

a person who—

(i)

immediately before [F1 IP completion day] was established in the United Kingdom or an EEA state and was appointed by a manufacturer by written mandate to act on its behalf in relation to such tasks as are specified in the mandate with regard to the manufacturer's obligations under these Regulations, an implementing measure, or RAMS; and

(ii)

on or after [F1 IP completion day] continues to be so established and appointed by the manufacturer to perform those tasks; or

(b)

a person who, on or after [F1 IP completion day], is established in [F2 Great Britain] and is appointed by a manufacturer by written mandate to act on its behalf in relation to such tasks as are specified in the mandate with regard to the manufacturer's obligations under these Regulations, an implementing measure, or RAMS;

“companies qualifying as small or medium-sized” means a company that qualifies as small under section 382 of the Companies Act 2006 M1 or as medium-sized under section 465 of that Act;

“components and sub-assemblies” means parts which are intended to be incorporated into products and—

(a)

which are not placed on the market or put into service as individual parts for end-users; or

(b)

the environmental performance of which cannot be assessed independently;

“conformity assessment activities” means any activities connected with conformity assessment, including calibration, testing, certification and inspection;

“conformity assessment body” means a body that performs conformity assessment activities;

“designated standard” has the meaning given to it by regulation 2A;

“the Decision” means Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products M2 , as it had effect immediately before [F1 IP completion day];

“the Directive” means 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 M3 as it had effect immediately before [F1 IP completion day];

“ecodesign requirement” means any requirement in relation to a product, or the design of a product, intended to improve its environmental performance, or any requirement for the supply of information with regard to the environmental aspects of a product;

“ecological profile” means a description, in accordance with the implementing measure applicable to the product, of the inputs and outputs (such as materials, emissions and waste) associated with a product throughout its life cycle which are significant from the point of view of its environmental impact, expressed in physical quantities that can be measured;

“energy-related product” means—

(a)

any good that has an impact on energy consumption during use which is placed on the market or put into service; and

(b)

parts—

(i)

which are intended to be incorporated into any good that has an impact on energy consumption during use which is placed on the market or put into service;

(ii)

which are placed on the market or put into service as individual parts for end-users; and

(iii)

of which the environmental performance can be assessed independently;

“environmental aspect” means an element or function of a product that can interact with the environment during its life cycle;

“environmental impact” means any change to the environment wholly or partially resulting from a product during its life cycle;

“environmental performance” of a product means the results of the manufacturer's management of the environmental aspects of the product, as reflected in its technical documentation file where a technical documentation file is required for that product;

“identification number” means the number which identifies an approved body and follows a UK marking M4 affixed to a product pursuant to regulation 4, which is affixed—

(a)

by the approved body; or

(b)

where instructed to do so by the approved body, by the manufacturer or the manufacturer's authorised representative;

“implementing measure” means a measure made under the Directive before [F1 IP completion day], or regulations made under regulation 22 on or after [F1 IP completion day];

[F3 “importer” means a person who—

(a)

is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

“life cycle” means the consecutive and interlinked stages of a product from raw material use to final disposal;

[F4 “make available on the market” means to supply a product for distribution or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge;]

“manufacturer” means a person who—

(a)

manufactures a product; or

(b)

has a product designed or manufactured;

and markets that product under its name or trademark;

“place on the market” except in regulation 20A, means the first making available of a product on [F5 the market of Great Britain], and related expressions must be construed accordingly;

“product” means an energy-related product;

“product design” means the set of processes that transform legal, technical, safety, functional, market or other requirements to be met by a product into the technical specification for that product;

“put into service” except in regulation 20A, means the first use of a product for its intended purpose on the [F6 Great Britain] market, and related expressions must be construed accordingly;

“RAMS” means Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93;

“self-regulation” includes voluntary agreements; and

“technical specification” means, except in regulation 2A, a document that prescribes technical requirements to be fulfilled by a product, process, service or system.”.

(3) For paragraph (2), substitute—

“(2) Expressions not defined in paragraph (1) which are used in these Regulations and—

(a) in an implementing measure;

(b) in the Directive; or

(c) in RAMS;

have the meaning they bear in that implementing measure, Directive, or RAMS.”.

Textual Amendments

F1 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

F2 Words in Sch. 1 para. 2(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), 6(3)(4)(a)(i)

F3 Words in Sch. 1 para. 2(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), 7(a)(i)

F4 Words in Sch. 1 para. 2(2) 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), 7(a)(ii)

F5 Words in Sch. 1 para. 2(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), 7(a)(iii)

F6 Words in Sch. 1 para. 2(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), 6(1)(2)(a)(i)

Commencement Information

I1 Sch. 1 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)

Marginal Citations

M1 2006 c. 46 as amended by S.I. 2013/3008 and S.I. 2015/980.

M2 OJ L 218, 13.8.2008, p. 82–128.

M3 OJ L 285 31.10.2009, p. 10, as amended by Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency (OJ L 315, 14.11.2012, p. 1).

M4 For the purpose of any enactment, the UK marking is defined as the marking in the form published in accordance with RAMS.