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

Commission Regulation (EU) No 1194/2012

16.—(1) Commission Regulation (EU) No 1194/2012 of 12 December 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for directional lamps, light emitting diode lamps and related equipment is amended as follows.

(2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “this Regulation:”, 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) Article 4 (conformity assessment) is amended as follows—

(a) for paragraph 1, 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 paragraph 2, for “Article 8 of Directive 2009/125/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 this Regulation, the authorities of the United Kingdom must apply the verification procedure described in Annex 4.”.

(5) Omit Article 7 (revision).

(6) At the end of Article 8 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 1 (product information requirements for special purpose products), in paragraphs 1 and 2, in both instances, for “Article 8 of Directive 2009/125/EC”, substitute “regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010”.

(8) In Annex 3 (ecodesign requirements)—

(a) in paragraph 2.3(b), for “Article 8 of Directive 2009/125/EC”, substitute “regulation 4(2)(a) of the Ecodesign for Energy-Related Products Regulations 2010”;

(b) in paragraph 3.1.3(o) for “Directive 2012/19/EU of the European Parliament and of the Council”, substitute “the Waste Electrical and Electronic Equipment Regulations 2013(1)”.

(9) In Annex 4 (verification procedure for market surveillance purposes)—

(a) in each instance, for “Member State authorities”, substitute “United Kingdom authorities”;

(b) before section 1, for the first 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 verification procedures listed in this Annex.”;

(c) before section 1, in the second paragraph, omit the words from “, including” to “Union”;

(d) in section 1 (verification procedure for lamps other than LED lamps and for LED lamps that are meant to be replaced in the luminaire by the end-user) in the first paragraph, for “Member States’ authorities” substitute “The authorities of the United Kingdom”;

(e) in section 2 (verification procedure for LED modules not intended to be removed from the luminaire by the end-user)—

(i) in the first paragraph, for “Member States’ authorities” substitute “the authorities of the United Kingdom”;

(ii) in the second paragraph, for “Member States’ authorities” substitute “The authorities of the United Kingdom”;

(iii) in subparagraph (3)—

(aa) for “CE marked product(s) from the Union market”, substitute “products from the United Kingdom market with the UK marking”;

(bb) in each instance, for “Union”, substitute “United Kingdom”; and

(iv) in subparagraph (4), for “CE marked products from the Union market”, substitute “products from the United Kingdom market with the UK marking”; and

(f) in section 3 (verification procedure for equipment designed for installation between the mains and the lamps)—

(i) in the second paragraph, omit the words from “, including” to “Union”; and

(ii) in the sixth paragraph, omit the words from “The Member” to the end.

(1)

S.I. 2013/3113, amended by S.I. 2014/1771, S.I. 2015/1968, S.I. 2016/738, S.I. 2016/1154, S.I. 2018/102, and S.I. 2018/942.