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

Commission Regulation (EU) No 548/2014U.K.

This section has no associated Explanatory Memorandum

22.—(1) Commission Regulation (EU) No 548/2014 of 21 May 2014 on implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to small, medium and large power transformers is amended as follows.

[F1(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”;

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

(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”.]

(2) [F2In Article 2 (definitions)—

(a)]at the beginning, for “For the purpose of this Regulation and its annexes 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 [F3IP completion day], apply. The following definitions also apply—”

[F4(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”.]

[F5(2A) In Article 3 (eco-design requirements), omit the second paragraph.”.]

(3) [F6In Article 4 (conformity assessment)—

(a)for paragraph 1, 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.”

[F7(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 [F8Great Britain] must apply the verification procedure described in Annex 3.”.

(5) Omit Article 7 (review).

(6) At the end of [F9Article 9] (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

[F10(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”.]

(8) Annex 3 (product compliance verification by market surveillance authorities) is amended as follows—

(a)in each instance, for “Member State” or “Member States”, substitute “ [F11Great Britain] ”;

(b)for [F12the third 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 [F12Great Britain] must apply the following procedure—”;

[F13(ba)in the final paragraph of point (1), omit the words from “The Member State authorities” to “non-compliance of the model”.]

(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 (4) is omitted; and

(e)in [F14the fifth paragraph]—

(i)for “4” substitute “ 3 ”; and

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

Textual Amendments

F2Words in Sch. 2 para. 22(2) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(ii)(aa)

F3Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 4

F6Words in Sch. 2 para. 22(3) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(iv)(aa)

F8Words in Sch. 2 para. 22(4) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(v)

F9Words in Sch. 2 para. 22(6) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(vi)

F11Words in Sch. 2 para. 22(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(aa)

F12Words in Sch. 2 para. 22(8)(b) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(bb)

F14Words in Sch. 2 para. 22(8)(e) substituted (31.12.2020 immediately before IP completion day) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1528), regs. 1(2), 8(c)(viii)(dd)

Commencement Information

I1Sch. 2 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)