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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 No. 539

Commission Regulation (EC) No 107/2009

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2.—(1) Commission Regulation (EC) No 107/2009 of 4 February 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for simple set-top boxes 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 5 (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 8 (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”.

(7) In Annex 3 (benchmarks), in the first paragraph, for “purpose of Annex I, part 3, point 2, of Directive 2005/32/EC” substitute “purposes of this Regulation”.

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