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

Commission Regulation (EU) No 617/2013

17.—(1) Commission Regulation (EU) No 617/2013 of 26 June 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for computers and computer servers is amended as follows.

(2) In Article 2 (definitions), at the beginning, for “The following definitions shall 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 6 (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) In Article 7 (market surveillance and verification procedure), for “Directive 2009/125/EC”, substitute “the Ecodesign for Energy-Related Products Regulations 2010”.

(5) Omit Article 9 (revision).

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

(7) Annex 3 (measurements by market surveillance authorities and 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) in section 1 (measurements), in the first paragraph, for the words from “harmonised” to “Union”, substitute “designated standards”;

(c) in section 2 (product compliance verification by market surveillance authorities)—

(i) 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 following procedure—”;

(ii) in subparagraph (2)(a)—

(aa) 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

(bb) for “paragraph (g) thereof”, substitute “paragraph 1(2)(b)(vii) of Part 1 of Schedule 1A to those Regulations”;

(iii) omit subparagraph (7); and

(iv) in the third paragraph, for “7” substitute “6”.

(8) In Annex 4 (indicative benchmarks), for “purpose of Part 3, point 2 of Annex I to Directive 2009/125/EC” substitute “purposes of this Regulation”.