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

PART 1 General

1.  The modifications to Commission Delegated Regulation (EU) 2019/2016 are as follows.

2.  Article 2 (definitions) is to be read as if—

(a) for “the following definitions shall apply” there were substituted “the definitions in Article 2 of the Framework Regulation and the following definitions apply”;

(b) at the end there were inserted—

“(36) “the Framework Regulation” means Regulation (EU) 2017/1369 of the European Parliament and of the Council setting a framework for energy labelling and repealing Directive 2010/30/EU.”.

3.  Article 3(1)(d) (obligations of suppliers), is to be read as if for “entered into the product database” there were substituted—

“made available for inspection in accordance with Article 4(2) of the Framework Regulation”.

4.  Article 5 (obligations of internet hosting platforms) is to be read as if for “Article 14 of Directive 2000/31/EC” there were substituted “regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002”.

5.  Article 7 (verification procedure for market surveillance purposes) is to be read as if for “Member States” there were substituted “The market surveillance authority”.

6.  In Annex 1 (definitions applicable for the annexes), paragraph (1) is to be read as if for “in the public part of the product database” there were substituted “on a publicly accessible website”.

7.  Annex 3 (labels) is to be read in accordance with Part 2 of this Schedule.

8.  In Annex 4 (measurement methods and calculations), the first paragraph is to be read as if—

(a) for “harmonised standards” in the first place it occurs, there were substituted “designated standards”;

(b) the second sentence were omitted.

9.  Annex 5 (product information sheet) is to be read as if—

(a) the first sentence were numbered paragraph 1 and substituted by the following—

“Pursuant to point (1)(b) of Article 3, the supplier must enter the information set out in Table 6 on a publicly accessible website. The information must be available free of charge and on a page of the website that does not contain any other information.”;

(b) the second sentence were numbered paragraph 2.

10.  Annex 6 (technical documentation) is to be read as if, in the section headed “additional information” at the end of Table 7, for “harmonised standards” there were substituted “designated standards”.

11.  Annex 8 (information to be provided in the case of distance selling through the internet) is to be read as if in paragraph 4, for “the product database” there were substituted “a publicly accessible website”.

12.  Annex 9 (verification procedure for market surveillance purposes) is to be read as if—

(a) in the first paragraph, for “Member State authorities” there were substituted “the market surveillance authority”;

(b) in the third paragraph, for “authorities of the Member States” there were substituted “market surveillance authority”;

(c) for “Member State authorities” in each further place it occurs, there were substituted “market surveillance authority”;

(d) paragraph (7) were omitted;

(e) in the final paragraph before the table, for “harmonised standards” there were substituted “designated standards”.