Conformity assessment
Article 4
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, without prejudice to paragraph 3.
2
For the purposes of conformity assessment, the technical documentation shall contain the product information set out in point 5(b) of Annex II to this Regulation.
3.1.
Subject to subparagraph 3, the conformity of series-produced boilers must be certified by—
a
examination of the efficiency of a boiler type in accordance with—
i
module B as described in Annex 3 to Directive
92/42/EEC
, subject to the modifications in paragraph 4, where module B is undertaken by an approved body; or
ii
module B as described in Annex 3 to Directive
92/42/EEC
, subject to the modifications in paragraph 3.2(a); and
b
a declaration of conformity to the approved type in accordance with—
i
module C, D or E as described in Annex 4 to Directive
92/42/EEC
, subject to the modifications in paragraph 5, where any of those modules are undertaken by an approved body; or
ii
module C, D or E as described in Annex 4 to Directive
92/42/EEC
, subject to the modifications in paragraph 3.2(b).
3.2
The modifications referred to in—
a
paragraph 3.1(a)(ii) are that paragraph 9 of Annex 3 to Directive
92/42/EEC
is to be read as if—
i
for the first two references to “the Community” there were substituted
“Great Britain”
;
ii
for “Community market” there were substituted
“the market of Great Britain”
;
b
paragraph 3.1(b)(ii) are that Annex 4 to Directive
92/42/EEC
is to be read as if—
i
in paragraph 1 of the description of “Module D: Product quality assurance”, for “the CE marking is accompanied by” there were substituted
“the written declaration of conformity must include”
;
ii
in paragraph 1 of the description of “Module E: Product quality assurance”, for “the CE marking must be accompanied by” there were substituted
“the written declaration of conformity must include”
;
iii
in all other places for “CE marking” there were substituted
“UK marking”
;
iv
any reference to “authorised representative” were a reference to an authorised representative within the meaning of regulation 2 of the Ecodesign for Energy-Related Products Regulations 2010; and
v
the reference in paragraph 3 of the description of “Module C: conformity to type” to “the Community market” were a reference to the market of Great Britain.
3.3.
For boilers burning gaseous fuels, the procedures for assessing the conformity of their efficiency must be those used to assess conformity to the safety requirements laid down in Regulation (EU) 2016/426 of the European Parliament and of the Council of March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC(3).
4.
The modifications referred to in paragraph
3.1(a)(i)
are that Annex 3 to Directive
92/42/EEC
is to be read as if—
a
the definitions in Article 2 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters apply and prevail over any conflicting definitions in Directive
92/42/EEC
;
b
in each instance—
ii
for “the Directive” there were substituted
“ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”
;
iii
for “EC type-examination”, there were substituted
“ type-examination ”
;
iv
for “notified body” there were substituted
“ approved body ”
;
v
for “notified bodies” there were substituted
“ approved bodies ”
;
vi
for “standards referred to in Article 5(2)” there were substituted
“ relevant designated standards ”
;
ba
for “the Community”, in the first four places it occurs, there were substituted “Great Britain”;
c
in the heading, “EC” were omitted;
d
in paragraph 3, for the fourth indent, there were substituted—
“ — a list of the designated standards applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters where the relevant designated standards have not been applied, ”
;
e
in paragraph 5, for “this Directive”, there we substituted
“ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”
.
f
in paragraph 9, for “the Community market” there were substituted “the market of Great Britain”;
5.
The modifications referred to in paragraph
3.1(b)(i)
are that Annex 4 to Directive
92/42/EEC
is to be read as if—
a
the definitions in Article 2 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters apply and prevail over any conflicting definitions in Directive
92/42/EEC
;
b
in each instance—
ii
for “CE marking”, there were substituted
“ UK marking ”
;
ii
for “the Directive”, there were substituted
“ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”
;
iii
for “this Directive”, there were substituted
“ Article 4 of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive
2009/125/EC
of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters ”
;
iv
for “EC type-examination”, there were substituted
“ type-examination ”
;
v
for “notified body” there were substituted
“ approved body ”
; and
vi
for “notified bodies” there were substituted
“ approved bodies ”
;
ba
in the description of Module C: Conformity to type, in paragraph 3—
i
for “the Community”, in the first place it occurs, there were substituted “Great Britain”;
ii
for “the Community market” there were substituted “the market of Great Britain”;
bb
for “the Community”, in each other place it occurs, there were substituted “Great Britain”;
c
in the description of “Module C: Conformity to type”, in paragraph 4—
i
for “standard or standards referred to in Article 5(2)”, there were substituted
“designated standard”
; and
ii
for “Directive” there were substituted
“legislation”
;
d
in the description of “Module D: Production quality assurance”, in paragraph 3.3, for “harmonized” there were substituted
“designated”
; and
e
in the description of “Module E: Product quality assurance”—
i
in subparagraph 3.2, for “standard(s) referred to in Article 5”, there were substituted
“designated standard”
; and
ii
in subparagraph 3.3, for “harmonized”, there were substituted
“designated”
.
Art. 4(1) substituted (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 2 para. 19(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(3)-(5) inserted (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 2 para. 19(4)(b) (as amended by S.I. 2020/1528, regs. 1(2), 8(b)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 4(5) substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 6(2)(c) (with reg. 23)
Word in Art. 4(4) substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 6(2)(b) (with reg. 23)
Art. 4(3.1)-(3.3) substituted for Art 4(3) (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 6(2)(a) (with reg. 23)