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

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 2020 No. 1528

PART 4AMENDMENTS TO COMMISSION REGULATIONS RELATED TO ECODESIGN

Amendments to Commission Regulation (EU) 2019/424

14.—(1) Commission Regulation (EU) 2019/424 of 15 March 2019 laying down ecodesign requirements for servers and data storage products pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 617/2013 is amended as follows.

(2) In paragraph 1 of Article 2 (definitions)—

(a)for “For the purposes of this Regulation, the following definitions shall apply:” substitute—

For the purposes of this Regulation, the definitions set out in the 2010 Regulations apply. The following definitions also apply—;

(b)after point (16) insert—

(17) ‘market surveillance’ and ‘market surveillance authority’ have the meanings set out in Article 2 of RAMS(1);

(18) ‘the 2010 Regulations’ means the Ecodesign for Energy-Related Products Regulations 2010..

(3) In Article 4 (conformity assessment)—

(a)for paragraph 1, substitute—

1.  For the purposes of regulation 4(2)(a) of the 2010 Regulations, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control procedure set out in Part 1 of Schedule 1A to those Regulations, or the management system procedure set out in Part 2 of that Schedule.;

(b)in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “regulation 4(2)(a) of the 2010 Regulations”.

(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 market surveillance authority must apply the verification procedure described in Annex 4..

(5) Omit Article 8 (review).

(6) After Article 10 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In paragraph 1 of Annex 3 (measurements and calculations), for the words from “harmonised” to “Union” substitute “designated standards”.

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

(a)for each occurrence of “the Member State authorities”, substitute “the market surveillance authority”;

(b)in the first paragraph, for “Member State authorities”, substitute “the market surveillance authority”;

(c)for the third paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, the market surveillance authority must apply the following procedure—;

(d)in point 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 2010 Regulations”; and

(ii)for “paragraph (g) thereof” substitute “paragraph 1(2)(b)(vii) of that Schedule”;

(e)omit point 7;

(f)in the final paragraph before Table 7, for “points 1 to 7” substitute “points 1 to 6”.

(9) In Annex 5 (indicative benchmarks referred to in Article 6), in the first paragraph, for “purpose of Part 3, point 2 of Annex I to Directive 2009/125/EC”, substitute “purposes of this Regulation”.

Amendment to Commission Regulation (EU) 2019/1781

15.  After Article 12 (entry into force and application) of Commission Regulation (EU) 2019/1781 of 1 October 2019 laying down ecodesign requirements for electric motors and variable speed drives pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Regulation (EC) No 641/2009 with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in products and repealing Commission Regulation (EC) No 640/2009, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Regulation (EU) 2019/1782

16.—(1) Commission Regulation (EU) 2019/1782 of 1 October 2019 laying down ecodesign requirements for external power supplies pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 278/2009 is amended as follows.

(2) In Article 2 (definitions)—

(a)for “For the purposes of this Regulation, the following definitions shall apply:” substitute—

For the purposes of this Regulation, the definitions set out in the 2010 Regulations apply. The following definitions also apply—;

(b)after point (19) insert—

(20) ‘the 2010 Regulations’ means the Ecodesign for Energy-Related Products Regulations 2010;

(21) ‘market surveillance’ and ‘market surveillance authority’ have the meanings set out in Article 2 of RAMS..

(3) In Article 4 (conformity assessment)—

(a)for paragraph 1, substitute—

1.  For the purposes of regulation 4(2)(a) of the 2010 Regulations, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control procedure set out in Part 1 of Schedule 1A to those Regulations, or the management system procedure set out in Part 2 of that Schedule.;

(b)in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “regulation 4(2)(a) of the 2010 Regulations”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

5.  When performing market surveillance checks to assess compliance with the requirements set out in this Regulation, the market surveillance authority must apply the verification procedure described in Annex 3..

(5) Omit Article 7 (review).

(6) After Article 9 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(7) In paragraph 3 of Annex 2 (measurements and calculations), for the words from “harmonised” to “Union” substitute “designated standards”.

(8) In Annex 3 (verification procedure for market surveillance purposes)—

(a)for each occurrence of “the Member State authorities”, substitute “the market surveillance authority”;

(b)in the first paragraph, for “Member State authorities”, substitute “the market surveillance authority”;

(c)for the second paragraph, substitute—

When verifying the compliance of a product model with the requirements laid down in this Regulation, the market surveillance authority must apply the following procedure—;

(d)in point 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 2010 Regulations”; and

(ii)for “paragraph (g) thereof” substitute “paragraph 1(2)(b)(vii) of that Schedule”;

(e)omit point 7;

(f)in the final paragraph before Table 1—

(i)for “points 1 to 7” substitute “points 1 to 6”; and

(ii)for “harmonised standards” substitute “designated standards”.

Amendment to Commission Regulation (EU) 2019/1783

17.  After Article 2 of Commission Regulation (EU) 2019/1783 of 1 October 2019 amending Regulation (EU) No 548/2014 on implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to small, medium and large power transformers, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Regulation (EU) 2019/2019

18.  After Article 10 (entry into force and application) of Commission Regulation (EU) 2019/2019 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 643/2009, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Regulation (EU) 2019/2020

19.  After Article 11 (entry into force and application) of Commission Regulation (EU) 2019/2020 of 1 October 2019 laying down ecodesign requirements for light sources and separate control gears pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulations (EC) No 244/2009, (EC) No 245/2009 and (EU) No 1194/2012, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Regulation (EU) 2019/2021

20.  After Article 11 (entry into force and application) of Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EC) 642/2009, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Regulation (EU) 2019/2022

21.—(1) Commission Regulation (EU) 2019/2022 of 1 October 2019 laying down ecodesign requirements for household dishwashers pursuant to Directive 2009/125/EC of the European Parliament and of the Council amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1016/2010 is amended as follows.

(2) In Article 11 (transitional measures) omit “until 28 February 2021”.

(3) After Article 12 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(4) In Annex 2 (ecodesign requirements)—

(a)in point 1, for “From 1 March 2021” substitute “In accordance with Article 11 of this Regulation”;

(b)in point 1(c), omit “, and their translations in all EU official languages,”.

Amendments to Commission Regulation (EU) 2019/2023

22.—(1) Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 is amended as follows.

(2) In Article 11 (transitional measures) omit “until 28 February 2021”.

(3) After Article 12 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(4) In Annex 2 (ecodesign requirements)—

(a)in point 1, for “From 1 March 2021” substitute “In accordance with Article 11 of this Regulation”;

(b)in point 1(3), omit “, and their translations in all EU official languages,”.

(1)

See regulation 2(1) of the 2010 Regulations (S.I. 2010/2617) (as amended by S.I. 2019/539) for the meaning of RAMS. The definitions of “market surveillance” and “market surveillance authority” are set out in Article 2(17) and (18) respectively of RAMS, and are amended by paragraph 3 of Schedule 33 to S.I. 2019/696.

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