The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

PART 2 AMENDMENTS TO THE ECODESIGN FOR ENERGY-RELATED PRODUCTS AND ENERGY INFORMATION (AMENDMENT) (EU EXIT) REGULATIONS 2019

Amendments to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019

3.  The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019(1) are amended as follows.

4.  For “exit day”, in each place it occurs, substitute “IP completion day”.

5.  In regulation 1 (citation and commencement)—

(a) for the heading, substitute—

“Citation, commencement and extent”;

(b) after paragraph (3) insert—

“(4) Regulations 3 and 5 and Schedules 1 and 3 extend to England and Wales and Scotland only.

(5) The remainder of these Regulations extend to England and Wales, Scotland and Northern Ireland.”.

6.—(1) In each of the provisions listed in paragraph (2), for “United Kingdom” substitute “Great Britain”.

(2) The provisions referred to in paragraph (1) are—

(a) in Schedule 1 (amendments to the Ecodesign for Energy-Related Products Regulations 2010)—

(i) in paragraph 2(2), in the inserted definition of “put into service”;

(ii) in paragraph 12—

(aa) in the inserted regulation 22, paragraph (2)(b)(ii);

(bb) in the inserted regulation 23, paragraph (1)(d)(iii)(bb);

(b) in Schedule 2 (amendments to Commission Regulations related to Ecodesign)—

(i) paragraph 1(6)(a);

(ii) paragraph 2(6)(a);

(iii) paragraph 3(9)(a) and (b)(i);

(iv) paragraph 4(8)(a);

(v) paragraph 6(7)(a);

(vi) paragraph 7(8)(a);

(vii) paragraph 8(6)(a);

(viii) paragraph 9(8)(a);

(ix) paragraph 10(8)(a);

(x) paragraph 11(8)(a);

(xi) paragraph 12(9)(a);

(xii) paragraph 13(9)(a);

(xiii) paragraph 14(8)(a);

(xiv) paragraph 15(7)(a);

(xv) paragraph 16(9)(a), (e)(iii)(aa) and (bb) and (e)(iv);

(xvi) paragraph 17(7)(a);

(xvii) paragraph 18(9)(a);

(xviii) paragraph 19(10)(a);

(xix) paragraph 20(10)(a);

(xx) paragraph 21(8)(a);

(xxi) paragraph 23(9)(a);

(xxii) paragraph 24(11)(a), (12)(a) and (13)(a);

(xxiii) paragraph 25(11)(a);

(xxiv) paragraph 26(9)(a);

(xxv) paragraph 27(10(a);

(xxvi) paragraph 28(10)(a);

(c) in Schedule 5 (amendments to Commission Delegated Regulations related to energy labelling)—

(i) paragraph 1(2) and (9)(a);

(ii) paragraph 2(10)(a);

(iii) paragraph 3(2) and (9)(a);

(iv) paragraph 4(11)(a);

(v) paragraph 5(2) and (11)(a);

(vi) paragraph 6(2) and (9)(a);

(vii) paragraph 7(2)(a) and (9)(a);

(viii) paragraph 9(2) and (10)(a);

(ix) paragraph 10(3) and (12)(a);

(x) paragraph 11(3), (4) and (10)(a);

(xi) paragraph 12(9)(a);

(xii) paragraph 13(3) and (11)(a);

(xiii) paragraph 14(2) and (8)(a);

(xiv) paragraph 15(2) and (10)(a).

(3) In each of the provisions listed in paragraph (4), for “the United Kingdom” substitute “Great Britain”.

(4) The provisions referred to in paragraph (3) are—

(a) in Schedule 1—

(i) in paragraph 2(2), in sub-paragraph (b) of the inserted definition of “authorised representative”;

(ii) in paragraph 11, paragraph (3) of the inserted regulation 20A;

(iii) in paragraph 12, in the inserted regulation 22—

(aa) paragraph (2)(a);

(bb) paragraph (7)(c)(vii);

(iv) in paragraph 14, paragraph 3(1) of the inserted Schedule 1A;

(v) in paragraph 15, paragraph 10(1) of the inserted Schedule 1B;

(b) in Schedule 2—

(i) paragraph 1(6)(b);

(ii) paragraph 2(6)(b);

(iii) paragraph 3(4);

(iv) paragraph 6(4) and (7)(b);

(v) paragraph 7(4) and (8)(b);

(vi) paragraph 8(6)(b)(i), in both places it occurs;

(vii) paragraph 8(6)(c)(i) and (ii);

(viii) paragraph 9(4) and (8)(b);

(ix) paragraph 10(4) and (8)(b) and (e);

(x) paragraph 11(4) and (8)(b) and (e);

(xi) paragraph 12(5) and (9)(b);

(xii) paragraph 13(4) and (9)(b);

(xiii) paragraph 14(4) and (8)(b);

(xiv) paragraph 15(4) and (7)(b) and (e);

(xv) paragraph 16(4) and (9)(b), (d) and (e)(i) and (ii);

(xvi) paragraph 17(7)(c)(i);

(xvii) paragraph 18(4) and (9)(b);

(xviii) paragraph 19(5) and (10)(b);

(xix) paragraph 20(5) and (10)(b);

(xx) paragraph 21(4) and (8)(b);

(xxi) paragraph 23(5) and (9)(b);

(xxii) paragraph 24(4), (11)(b), (12)(b) and (13)(b);

(xxiii) paragraph 25(4), (6) and (11)(b);

(xxiv) paragraph 26(4) and (9)(b);

(xxv) paragraph 27(4), (6) and (10)(b);

(xxvi) paragraph 28(5) and (10)(b);

(c) paragraph 3 of Schedule 3 (amendments to the Energy Information Regulations 2011);

(d) in Schedule 4 (amendments to Regulation (EU) 2017/1369 setting a framework for energy labelling)—

(i) paragraph 2;

(ii) paragraph 7(3)(b);

(iii) in paragraph 16, paragraph 3(b) of the inserted Article 20A;

(e) in Schedule 5—

(i) paragraph 1(3) and (9)(c);

(ii) paragraph 2(2) and (3);

(iii) paragraph 3(3) and (9)(c);

(iv) paragraph 4(3) and (4);

(v) paragraph 5(3);

(vi) paragraph 6(3) and (9)(c);

(vii) paragraph 7(4) and (9)(b)(ii);

(viii) paragraph 9(3);

(ix) paragraph 10(4);

(x) paragraph 12(4) and (5);

(xi) paragraph 13(4);

(xii) paragraph 14(3);

(xiii) paragraph 15(3).

7.  In Schedule 1—

(a) in paragraph 2(2)—

(i) for the inserted definition of “importer” substitute—

““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;”;

(ii) after the inserted definition of “life cycle”, insert—

““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;”;

(iii) in the inserted definition of “place on the market”, for “the United Kingdom market” substitute “the market of Great Britain”;

(b) in paragraph 11, after the inserted regulation 20B, insert—

“Expiry of regulation 20B

20C.— (1) Subject to paragraph (2), regulation 20B ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 20B—

(a) any product which was placed on the market or put into service pursuant to regulation 20B may continue to be made available on the market on or after the expiry of regulation 20B;

(b) any obligation to which a person was subject in respect of a product placed on the market or put into service pursuant to regulation 20B continues to have effect after the expiry of regulation 20B, in respect of that product.

Qualifying Northern Ireland Goods

20D.— (1) Where paragraph (2) applies to an energy-related product—

(a) the product is to be treated as being in conformity with Part 2; and

(b) the relevant economic operator(2) is to be treated as having complied or as complying with the obligations imposed on them under Part 2 in relation to that product.

(2) This paragraph applies where—

(a) an energy-related product is—

(i) in conformity with Part 2 of these Regulations as they apply in Northern Ireland; and

(ii) qualifying Northern Ireland goods; and

(b) a relevant economic operator has complied or is complying with the obligations imposed on them under Part 2 of these Regulations as they apply in Northern Ireland.

(3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.”.

8.  In Schedule 2—

(a) omit paragraph 5 (amendment of Commission Regulation (EC) No 278/2009);

(b) in paragraph 19 (amendment of Commission Regulation (EU) No 813/2013, in sub-paragraph (4)(b)—

(i) omit the inserted paragraph 4(b)(i);

(ii) after the inserted paragraph 4(b) insert—

“(ba) for “the Community”, in the first four places it occurs, there were substituted “Great Britain”;”;

(iii) after paragraph 4(e) insert—

“(f) in paragraph 9, for “the Community market” there were substituted “the market of Great Britain”;”;

(iv) omit the inserted paragraph 5(b)(i);

(v) after the inserted paragraph (5)(b) insert—

“(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 paragraph 22 (amendment of Commission Regulation (EU) No 548/2014)—

(i) after sub-paragraph (1) insert—

“(1A) In Article 1 (subject matter and scope)—

(a) in paragraph 2(l), for “Directive 94/9/EC of the European Parliament and of the Council” substitute “the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016”(3);

(b) in paragraph 2(o), for “Article 3 of Council Directive 2009/71/Euratom” substitute “section 26 of the Nuclear Installations Act 1965”(4);

(c) in paragraph 3, omit “This is without prejudice to the legal obligations under other Union’s harmonisation legislation that these products could be subject to”.”;

(ii) in sub-paragraph (2)—

(aa) for “In Article 2 (definitions),” substitute—

“In Article 2 (definitions)—

(a)”;

(bb) after sub-paragraph (2)(a) insert—

“(b) In point (17), for “point 2 of Annex IV to Directive 2009/125/EC” substitute “paragraph 1(2)(b) of Schedule 1A to the Ecodesign for Energy-Related Products Regulations 2010”(5).”;

(iii) after sub-paragraph (2) insert—

“(2A) In Article 3 (eco-design requirements), omit the second paragraph.”.”;

(iv) in sub-paragraph (3)—

(aa) for “For Article 4 (conformity assessment) substitute—” substitute—

• “In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute—”;

(bb) after sub-paragraph (3)(a), insert—

“(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.”(6).”;

(v) in sub-paragraph (4), for “the United Kingdom” substitute “Great Britain”;

(vi) in sub-paragraph (6), for “Article 8” substitute “Article 9”;

(vii) for sub-paragraph (7) substitute—

“(7) In Annex 2 (measurement and calculation methods)—

(a) in the first paragraph, omit the words from “including” to “Union”;

(b) the second paragraph, for “relevant harmonised standards” substitute “designated standards”.(7)”;

(viii) in sub-paragraph (8)—

(aa) in paragraph (a), for “United Kingdom” substitute “Great Britain”;

(bb) in paragraph (b), for “the second paragraph” substitute “the third paragraph”, and for “the United Kingdom” substitute “Great Britain”;

(cc) after paragraph (b) insert—

“(ba) in the final paragraph of point (1), omit the words from “The Member State authorities” to “non-compliance of the model”.”.

(dd) in paragraph (e), for “the fourth paragraph” substitute “the fifth paragraph”.

9.  In Schedule 4—

(a) in paragraph 3—

(i) for sub-paragraph (2) substitute—

“In point (7), for “the Union market” substitute “the market of Great Britain”.”;

(ii) in sub-paragraphs (3) and (4), for “the United Kingdom market” substitute “the market of Great Britain”;

(iii) for sub-paragraph (5) substitute—

“In point (11), for “the Union” substitute “Great Britain”.”;

(iv) for sub-paragraph (6) substitute—

“For point (12) substitute—

““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;”.”;

(v) for sub-paragraph (7) substitute—

“For point (14), substitute—

“(14) “supplier” means a manufacturer established in Great Britain, the authorised representative of a manufacturer who is not established in Great Britain, or an importer, who places a product on the market;”.”;

(vi) in sub-paragraph (11), after the inserted point (27) add—

“(28) “market surveillance” and “market surveillance authority” have the meanings set out in Article 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93(8);”;

(b) in paragraph 8—

(i) for sub-paragraph (2) substitute—

“For the heading, substitute “Market surveillance and control of products entering the market of Great Britain””;

(ii) in sub-paragraph (5), for “The United Kingdom’s” substitute “Great Britain’s”;

(c) in sub-paragraphs (4) and (5) of paragraph 9, for “United Kingdom market” substitute “market of Great Britain”;

(d) in paragraph 11, in the inserted Article 11, for “United Kingdom market” in each place it occurs, substitute “market of Great Britain”.

10.  In Schedule 5—

(a) in paragraph 7(2)(a), for “in paragraphs 1(b) and 2(a), in both instances” substitute “in paragraph 1(b)”;

(b) omit paragraphs 7(2)(b) and (3);

(c) omit paragraph 8.

(1)

S.I. 2019/539.

(2)

See Article 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (RAMS) for the meaning of “economic operator”; and see regulation 2(2) of the Ecodesign for Energy-Related Products Regulations 2010 for the application of expressions used in RAMS to those Regulations.

(3)

S.I. 2016/1107.

(4)

1965 c. 57.

(5)

S.I. 2010/2617; Schedule 1A was inserted by S.I. 2019/539.

(6)

Regulation 4(2) was amended by S.I. 2019/539.

(7)

See regulations 2 and 2A of S.I. 2010/2617 (as amended by S.I. 2019/539) for the meaning of “designated standard”; that definition applies to Commission Regulation (EU) No 548/2014 by virtue of paragraph 22(2) of Schedule 2 to S.I. 2019/539.

(8)

EUR765/2008. The definitions of “market surveillance” and “market surveillance authority” are set out in Article 2(17) and (18) respectively, and are amended by paragraph 3 of Schedule 33 to S.I. 2019/696.