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

Regulation 32

SCHEDULE 4 Modifications to Commission Delegated Regulation (EU) 2019/2017 (energy labelling of household dishwashers)

PART 1 General

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

2.  Article 1 (subject matter and scope) is to be read as if in subparagraph (2)(a), for “Directive 2006/42/EC” there were substituted “the Supply of Machinery (Safety) Regulations 2008”.

3.  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) in paragraph (2), for the words from “Directive 2014/35/EU” to the end there were substituted “the Electrical Equipment (Safety) Regulations 2016 or the Radio Equipment Regulations 2017”;

(c) at the end there were inserted—

“(5) “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.”.

4.  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”.

5.  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”.

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

7.  Annex 1 (definitions applicable for the annexes) is to be read as if—

(a) in paragraph (6), for “in the public part of the product database” there were substituted “on a publicly accessible website”;

(b) in paragraph (15)(b), for the words from “Directive” to the end there were substituted “the Electromagnetic Compatibility Regulations 2016”.

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

9.  In Annex 4 (measurement methods and calculations) the first paragraph is to be read as if for the words from “harmonised standards” to “Union” there were substituted “designated standards”.

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

(a) for the first paragraph, there were substituted—

“Pursuant to point (1)(b) of Article 3, the supplier must enter the information set out in Table 3 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) in the second paragraph, for “in the product database” there were substituted “on that publicly accessible website”;

11.  Annex 6 (technical documentation), paragraph (1)(c) is to be read as if for “harmonised standards” there were substituted “designated standards”.

12.  Annex 7 (information to be provided in visual advertisements, in technical promotional material in distance selling and in telemarketing, except distance selling on the internet) is to be read as if in paragraph 5, for “through the product database website” there were substituted “on a publicly accessible website”.

13.  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 available website”.

14.  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”.

PART 2 Modifications to Annex 3 (labels)

15.  The modifications to Annex 3 (labels) are as follows.

16.  Paragraph 1 (label) is to be read as if for the label image there were substituted the following image—

17.  Paragraph 2 (label design) is to be read as if—

(a) for the label image there were substituted the following image—

(b) in paragraph (f), for point 1 there were substituted—

“the colours of the UK flag must be as follows—

• the blue background: 100,72,00,18.5;

• the red crosses: 00,100,81,4

• the remaining part: 100% white;”.