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

Commission Regulation (EU) No 2015/1095U.K.

This section has no associated Explanatory Memorandum

24.—(1) Commission Regulation (EU) No 2015/1095 of 5 May 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for professional refrigerated storage cabinets, blast cabinets, condensing units and process chillers is amended as follows.

(2) In Article 2 (definitions), in paragraph 1, 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 [F1IP completion day], apply. The following definitions also apply—”.

(3) In Article 4 (conformity assessment)—

(a)for the first paragraph, substitute—

“1. 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.”;

(b)in the second paragraph, 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 Annexes 2, 5 and 7, the authorities of [F2Great Britain] must apply the verification procedures described in Annexes 9, 10 and 11.”.

(5) Omit Article 7 (review).

(6) At the end of Article 8 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In Annex 2 (ecodesign requirements for professional refrigerated storage cabinets and blast cabinets), in paragraph 2(d)(iii), after “Council”, insert “ , as it had effect immediately before [F1IP completion day] ”.

(8) In Annex 4 (measurements and calculations for professional refrigerated storage cabinets), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(9) In Annex 6 (measurements and calculations for condensing units), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(10) In Annex 8 (measurements and calculations for process chillers), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.

(11) Annex 9 (product compliance verification by market surveillance authorities for professional refrigerated storage cabinets) is amended as follows—

(a)in each instance, for “Member State” or “Member States”, substitute “ [F3Great Britain] ”;

(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 [F4Great Britain] 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; and

(e)in the fourth paragraph—

(i)for “7” substitute “ 6 ”; and

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

(12) Annex 10 (product compliance verification by market surveillance authorities for condensing units) is amended as follows—

(a)in each instance, for “Member State” or “Member States”, substitute “ [F5Great Britain] ”;

(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 [F6Great Britain] must apply the following procedure—”;

(c)in subparagraph (2)(a)—

(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; and

(e)in the fourth paragraph—

(i)for “7” substitute “ 6 ”; and

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

(13) Annex 11 (product compliance verification by market surveillance authorities for process chillers) is amended as follows—

(a)in each instance, for “Member State” or “Member States”, substitute “ [F7Great Britain] ”;

(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 [F8Great Britain] must apply the following procedure—”;

(c)in subparagraph (2)(a)—

(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; and

(e)in the fourth paragraph—

(i)for “7” substitute “ 6 ”; and

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

Textual Amendments

F1Words 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

F2Words in Sch. 2 para. 24(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), 6(3)(4)(b)(xxii)

F3Words in Sch. 2 para. 24(11)(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), 6(1)(2)(b)(xxii)

F4Words in Sch. 2 para. 24(11)(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), 6(3)(4)(b)(xxii)

F5Words in Sch. 2 para. 24(12)(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), 6(1)(2)(b)(xxii)