The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019
- (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 Annex 2, the authorities of Great Britain must apply the verification procedure described in Annex 4.
- (5) Omit Article 7 (review).
- (6) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (7) In Annex 1 (definitions applicable for Annexes 2 to 5), for subparagraph (2), substitute—
(2) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5;
- (8) In Annex 3 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (9) In Annex 4 (product compliance verification by market surveillance authorities)—
- (a) in each instance, for “Member State” or “Member States”, substitute “ Great 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 Great 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 ”.
Commission Regulation (EU) 2015/1189
27
- (1) Commission Regulation (EU) 2015/1189 of 28 April 2015 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for solid fuel boilers is amended as follows.
- (2) In Article 2 (definitions), at the beginning, for the words from “In addition” to “this Regulation:”, 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 IP 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 this Regulation, the authorities of Great Britain must apply the verification procedures described in Annex 2.
- (5) Omit Article 7 (review).
- (6) In Article 8 (transitional provision), for “Member States”, substitute “ the authorities of Great Britain ”.
- (7) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (8) In Annex 1 (definitions applicable to Annexes 2 to 5), for subparagraph (12), substitute—
(12) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.
- (9) In Annex 3 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (10) Annex 4 (product compliance verification by market surveillance authorities) is amended as follows—
- (a) in each instance, for “Member State” or “Member States”, substitute “ Great 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 Great 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 ”.
Commission Regulation (EU) 2016/2281
28
- (1) Commission Regulation (EU) 2016/2281 of 30 November 2016 implementing Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products, with regard to ecodesign requirements for air heating products, cooling products, high temperature process chillers and fan coil units is amended as follows.
- (2) In Article 1 (subject matter and scope), in paragraph (2)(i)—
- (a) after “installations” insert “ that immediately before IP completion day would have been ”; and
- (b) after “emissions”, insert “ , as it had effect immediately before IP completion day ”.
- (3) In Article 2 (definitions), at the beginning, for the words from “For the purposes” to “Directive 2009/125/EC:”, 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 IP completion day, apply. The following definitions also apply—
- (4) For Article 4 (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.
- (5) For Article 5 (verification procedure for market surveillance purposes) substitute—
When performing market surveillance checks to assess compliance with the requirements set out in Annex 2, the authorities of Great Britain must apply the verification procedure described in Annex 4.
- (6) Omit Article 7 (review).
- (7) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (8) Annex 1 (definitions applicable for Annexes 2 to 5) is amended as follows—
- (a) for the first paragraph substitute—
For the purposes of this Regulation, the definitions 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 IP completion day, apply. The following definitions also apply—
- (b) for subparagraph (1), substitute—
(1) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.
- (c) for subparagraph (82), substitute—
(82) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;
- (9) In Annex 3 (measurement and calculation), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (10) In Annex 4 (product compliance verification by market surveillance authorities)—
- (a) in each instance, for “Member State” or “Member States”, substitute “ Great 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 Great 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 (8) is omitted; and
- (e) in the fourth paragraph—
- (i) for “8” substitute “ 7 ”; and
- (ii) for “harmonised” substitute “ designated ”.
SCHEDULE 3 — AMENDMENTS TO THE ENERGY INFORMATION REGULATIONS 2011
The Energy Information Regulations 2011
1
The Energy Information Regulations 2011 are amended as follows.
Amendment to regulation 2
2
- (1) Regulation 2 (interpretation) is amended as follows.
- (2) In paragraph (1)—
- (a) omit the definition of “EU measure”;
- (b) in the definition of “market surveillance authority”, omit “and”;
- (c) after the definition of “market surveillance authority”, insert—
“product-specific measure” means in relation to a product mentioned in column 1 of the table in Schedule 1, the corresponding measure referred to in column 2 of that table; and
- (3) In paragraph (2)—
- (a) in sub-paragraph (a), for “an EU measure” substitute “ a product-specific measure ”;
- (b) after sub-paragraph (c), for “that EU measure” substitute “ that product-specific measure ”.
Amendment to regulation 3
3
In regulation 3 (scope), in paragraph (2)(a), for “a third country”, substitute “ outside Great Britain ”.
Amendment to regulation 4
4
- (1) Regulation 4 (enforcement) is amended as follows.
- (2) In paragraph (1)(d), for “Article 11(13) (procedure for the introduction and rescaling of labels)”, substitute “ Article 11B (duties placed on suppliers and dealers where labels are rescaled) ”.
- (3) In paragraph (2)—
- (a) for sub-paragraph (b) substitute—
(b) Article 4(2), (6) and (8) (obligations of suppliers in relation to product information);
- (b) in sub-paragraph (e), for “Article 11(13) (procedure for the introduction and rescaling of labels)”, substitute “ Article 11B (duties placed on suppliers and dealers where labels are rescaled) ”.
Amendment to regulation 6
5
In regulation 6(a), for “EU measures”, substitute “ product-specific measures ”.
Amendment to Schedule 1
6
In Schedule 1 (EU measures)—
- (a) in the heading, for “EU measures”, substitute “ Product-specific measures ”;
- (b) in paragraph 1 for “EU measure”, substitute “ product-specific measure ”;
- (c) in the heading to column 2 of the table, for “EU measure”, substitute “ Product-specific measure ”;
- (d) in the heading to column 3 of the table, for “EU measure”, substitute “ product-specific measure ”;
- (e) at the end, insert—
(2) (1) In the table in paragraph 1, in Column 2 of the row relating to household combined washer-driers, the reference to Commission Directive 96/60/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household combined washer-driers , is to be read as a reference to that Commission Directive as it had effect immediately before IP completion day, and subject to the modifications in subparagraph (2). (2) The modifications referred to in subparagraph (1) are that the Commission Directive is to be read as if— (a) in each place in which they occur, references to “harmonized standards” were references to “designated standards within the meaning of the Ecodesign for Energy-Related Products Regulations 2010”; (b) in Article 1— (i) for paragraph 2, there were substituted— (2) The information required by this Directive must be measured in accordance with designated standards. (ii) paragraph 3 were omitted; (c) Article 3 were omitted; (d) Article 4 were omitted; (e) Article 6 were omitted; (f) in Annex 1 (the label)— (i) in paragraph 2, in Note 4— (aa) the words from “Without prejudice” to “scheme” were omitted; and (bb) after “Council Regulation (EEC) No 880/92” there were inserted “ of 23 March 1992 on a Community eco-label award scheme, before IP completion day ”; (ii) in paragraph 2, for Note 12, there were substituted— (XII) Where manufacturers so choose, noise during washing, spinning and drying cycles using standard 60°C cotton washing cycle and ‘dry cotton’ drying cycle, determined in accordance with— (a) EN 60704-3; (b) EN 60704-2-4 for washing and spinning; (c) EN 60704-2-6 for drying; or (d) any relevant measurement standard maintained by a recognised standardisation body (iii) in paragraph 3, there were omitted the words from “The Secretary of the Committee” to the end; and (g) in Annex 2 (the fiche)— (i) in point 4— (aa) the words from “Without prejudice” to “scheme” were omitted. (bb) after “Regulation (EEC) No 880/92” there were inserted “ of 23 March 1992 on a Community eco-label award scheme, before IP completion day ”; and (ii) for point 18, there were substituted— (18) Where manufacturers so choose, noise during washing, spinning and drying cycles using standard 60°C cotton washing cycle and ‘dry cotton’ drying cycle, determined in accordance with— (a) EN 60704-3; (b) EN 60704-2-4 for washing and spinning; (c) EN 60704-2-6 for drying; or (d) any relevant measurement standard maintained by a recognised standardisation body.
Amendment to Schedule 2
7
In Schedule 2 (powers of entry and warrants), for paragraph 1(3)(a), substitute—
(a) be accompanied by such other persons as the authorised person considers necessary; and
Amendment to Schedule 3
8
In Schedule 3 (testing), in each instance in paragraphs 2(1), 3(1) and (2)(a), and 6(a) for “an EU measure”, substitute “ a product-specific measure ”.
Amendment to Schedule 4
9
In Schedule 4 (civil sanctions)—
- (a) in paragraph 7(1), for “an EU measure” substitute “ a product-specific measure ”;
- (b) in paragraph 13, in each instance in subparagraphs (1)(b), (2)(b)(ii) and (3) for “an EU measure”, substitute “ a product-specific measure ”.
SCHEDULE 4 — AMENDMENTS TO REGULATION (EU) 2017/1369 SETTING A FRAMEWORK FOR ENERGY LABELLING
Regulation (EU) 2017/1369
1
Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU is amended as follows.
Amendment to Article 1
2
In Article 1 (subject-matter and scope), in paragraph 2(a), for “a third country”, substitute “ outside Great Britain ”.
Amendment to Article 2
3
- (1) Article 2 (definitions) is amended as follows.
- (2) In point (7), for “the Union market” substitute “the market of Great Britain”.
- (3) For point (8), substitute—
‘placing on the market’ means the first making available of a product on the market of Great Britain, and related expressions must be construed accordingly;
- (4) For point (9), substitute—
‘putting into service’ means the first use of a product for its intended purpose on the market of Great Britain;
- (5) In point (11), for “the Union” substitute “Great Britain”.
- (6) For point (12) substitute—
- ““importer” means a person who—is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;
- (7) For point (14), substitute—
(14) “supplier” means a manufacturer established in Great Britain, the authorised representative of a manufacturer who is not established in Great Britain, or an importer, who places a product on the market;
- (8) For point (18), substitute—
‘designated standard’ has the meaning given to it by regulation 2A of the Ecodesign for Energy-Related Products Regulations 2010;
- (9) In point (19), for “Article 11(10) and (11)” substitute “ Article 11(10)(a) and (b) ”.
- (10) Omit point (25).
- (11) After point (26), insert—
(27) ‘delegated act’ means a product-specific measure listed in column 2 of the table in Schedule 1 to the Energy Information Regulations 2011 or made by the Secretary of State under Article 11. (28) “market surveillance” and “market surveillance authority” have the meanings set out in Article 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93;
Amendment to Article 3
4
- (1) Article 3 (general obligation of supplies) is amended as follows.
- (2) In paragraph 1, omit the second subparagraph.
- (3) In paragraph 2, for “Article 11(13)”, substitute “ Article 11B ”.
Amendment to Article 4
5
- (1) Article 4 (obligations of suppliers in relation to the product database) is amended as follows.
- (2) In the heading, for “the product database”, substitute “ product information ”.
- (3) Omit paragraph 1.
- (4) For the first and second subparagraphs of paragraph 2, substitute—
(2) Where units of models covered by a delegated act are placed on the market the supplier must make an electronic version of the technical documentation available for inspection within 10 days of a request received from market surveillance authorities.
- (5) Omit paragraphs 3 and 4.
- (6) In paragraph 5, for “obligations referred to in paragraphs 1 and 2”, substitute “ obligation referred to in paragraph 2 ”.
- (7) For paragraph 6, substitute—
(6) After the final unit of a model has been placed on the market, the supplier shall keep the information concerning that model for a period of 15 years unless, where appropriate in relation to the average life span of a product, a shorter retention period is specified pursuant to Article 11A(4)(p).
- (8) After paragraph 6, insert—
(7) For the purposes of paragraph 2, technical documentation includes but is not limited to— (a) a general description of the model, sufficient for it to be unequivocally and easily identified; (b) references to the designated standards applied or other measurement standards used; (c) specific precautions that must be taken when the model is assembled, installed, maintained or tested; (d) the measured technical parameters of the model; (e) the calculations performed with the measured technical parameters; (f) the conditions of testing that must be applied, if not described sufficiently in point (b); (g) the model identifier of all equivalent models already placed on the market. (8) On request, suppliers must provide any data not specified in paragraph 7 to the market surveillance authorities which is necessary for those authorities to carry out their tasks under this Regulation
Amendment to Article 5
6
In Article 5 (obligations of dealers), in paragraph 3, omit the words from “; or, if it chooses” to the end
Amendment to Article 7
7
- (1) Article 7 (obligations of Member States) is amended as follows.
- (2) In the heading, for “Member States”, substitute “ the Secretary of State ”.
- (3) In paragraph 1—
- (a) for “Member States shall”, substitute “ The Secretary of State must ”;
- (b) for “their territories”, substitute “ Great Britain ”.
- (4) In paragraph 2, for “Member States provide”, substitute “ the Secretary of State provides ”.
- (5) In paragraph 3—
- (a) for “Member States shall”, substitute “ The Secretary of State must ”;
- (b) omit the words from “The Commission” to the end.
- (6) In paragraph 4—
- (a) in the first subparagraph—
- (i) for “Member States”, substitute “ The Secretary of State ”;
- (ii) for “shall”, in each of the first three places in which it occurs, substitute “ must ”;
- (iii) for “Rules which fulfil”, substitute “ Rules which immediately before IP completion day fulfil ”;
- (b) omit the second subparagraph.
Amendment to Article 8
8
- (1) Article 8 (Union market surveillance and control of products entering the Union market) is amended as follows.
- (2) For the heading, substitute “Market surveillance and control of products entering the market of Great Britain”
- (3) In paragraph 1, for “16 to 29”, substitute “ 16 to 21 and 26 to 29 ”.
- (4) Omit paragraph 2.
- (5) In paragraph 3, for “Member States'”, substitute “ Great Britain’s ”.
- (6) Omit paragraph 4.
Amendment to Article 9
9
- (1) Article 9 (procedure at national level for dealing with products presenting a risk) is amended as follows.
- (2) In paragraph 1, omit “of one Member State”.
- (3) Omit paragraph 3.
- (4) In paragraph 4, for “market throughout the Union”, substitute “ market of Great Britain ”.
- (5) In paragraph 5, for “their national market”, substitute “ market of Great Britain ”.
- (6) Omit paragraphs 6 to 8.
- (7) In paragraph 9, for “Member States shall” substitute “ The Secretary of State must ”.
- (8) After paragraph 9, insert—
(10) Corrective or restrictive measures pursuant to paragraph 2, 4, 5 or 9 must be extended to all units of a non-compliant model and of its equivalent models, except those units which the supplier demonstrates are compliant.
Omission of Article 10
10
Omit Article 10 (union safeguard procedure).
Substitution of Article 11
11
For Article 11 (procedure for the introduction and rescaling of labels) substitute—
(1) The Secretary of State may, by regulations, make a product-specific measure to introduce labels for a product group if the Secretary of State is satisfied that the product group meets the following criteria— (a) according to the most recently available figures and considering the quantities placed on the market of Great Britain, the product group has significant potential for saving energy and where relevant, other resources; (b) within the product group, models with equivalent functionality differ significantly in the relevant performance levels; (c) the introduction of energy labelling requirements for the product group has no significant negative impacts as regards the affordability and the life cycle cost of the product group; and (d) the introduction of energy labelling requirements for the product group has no significant negative impact on the functionality of the product during use. (2) The Secretary of State must consult such persons as the Secretary of State considers appropriate before making a product-specific measure to introduce a label. (3) Where— (a) the Secretary of State is satisfied that the conditions in paragraph 1(a) to (d) are met; and (b) a label is required by a delegated act which came into force on or before 1st August 2017, the Secretary of State must make a product-specific measure to rescale the label in order to ensure a homogenous A to G scale, with the aim of displaying the rescaled label both in shops and online within 18 months of the date of entry into force of the product-specific measure. (4) When determining the order of labels to be rescaled in accordance with paragraph 3, the Secretary of State must take into account the proportion of products in the highest classes. (5) The Secretary of State may make a product-specific measure to rescale a label introduced in accordance with paragraph 1, or to further rescale a label rescaled in accordance with paragraph 3— (a) where the conditions under point (a) or (b) of paragraph 6 are met; and (b) following consultation carried out in accordance with paragraph 7. (6) The Secretary of State must review a label introduced in accordance with paragraph 1 or rescaled in accordance with paragraph 3 with a view to rescaling if the Secretary of State estimates that— (a) 30% of the units of models belonging to a product group sold within the market of Great Britain fall into the top energy efficiency class A and further technological development can be expected; or (b) 50% of the units of models belonging to a product group sold within the market of Great Britain fall into the top two energy efficiency classes A and B and further technological development can be expected. (7) The Secretary of State must consult such persons as the Secretary of State considers appropriate within 36 months of estimating that the conditions referred to in point (a) or (b) of paragraph 6 are met, and such consultation must include— (a) publication of the outcome of the review referred to in paragraph 6; and (b) where appropriate, a draft product-specific measure. (8) If, for a specific product group, the conditions of point (a) or (b) of paragraph 6 are not met within eight years after the date of entry into force of the relevant delegated act, the Secretary of State must identify which barriers, if any, have prevented the label from fulfilling its role. (9) Where a label is introduced or rescaled, the Secretary of State must ensure that— (a) no products are expected to fall into energy efficiency class A at the moment of the introduction of the label and the estimated time within which a majority of models are expected to fall into that class is at least 10 years later; or (b) where technology is expected to develop more rapidly than described in subparagraph (a), no products are expected to fall into energy efficiency classes A and B at the moment of the introduction of the label. (10) Where a product-specific measure introduces or rescales a label, the product-specific measure— (a) must require a class to be shown on the label of new product units in grey, as specified in the product-specific measure where the product units belong to a product group in which models belonging to energy efficiency class E, F or G are no longer allowed to be placed on the market or put into service because of an implementing measure within the meaning given in the Ecodesign for Energy-Related Products Regulations 2010; and (b) by way of derogation from point (19) of Article 2, may require fewer energy efficiency classes to be shown on the label, if for technical reasons it is impossible to define seven energy efficiency classes that correspond to significant energy and cost savings from a customer's perspective, and provided that the dark green to red spectrum of the label is retained. (1) This Article applies to the exercise of the power to make a product-specific measure under Article 11. (2) The power to make a product-specific measure is exercisable by statutory instrument and— (a) in the case of a product-specific measure which introduces or amends requirements relating to a label such that those requirements are identical to those adopted by the European Union (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament), the statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament; and (b) in any other case, a statutory instrument must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) A product-specific measure may— (a) amend the table in Schedule 1 to the Energy Information Regulations 2011; (b) make different provision for different cases or circumstances; (c) include supplementary, incidental and consequential provision; and (d) make transitional provision and savings. (4) A product-specific measure must specify, in particular— (a) the definition of the specific product group falling under the definition of ‘energy-related product’ set out in point (1) of Article 2 which is to be covered by the detailed labelling requirements; (b) the design and content of the label, including (subject to Article 11(10)(b)) a scale showing consumption of energy consisting of A to G steps, and such steps— (i) as far as possible, must have uniform design characteristics across product groups and must in all cases be clear and legible; (ii) where possible, must correspond to significant energy and cost savings and appropriate product differentiation from the customer's perspective; and (iii) where possible, must be displayed in a prominent position on the label as specified in the delegated act; (c) where appropriate, the use of other resources and supplementary information concerning the product, in which case— (i) the label must emphasise the energy efficiency of the product; (ii) the supplementary information must be unambiguous with no negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers; and (iii) the other resources and supplementary information must be based on data relating to physical product characteristics that are measurable and verifiable by market surveillance authorities; (d) where appropriate, the inclusion of a reference in the label allowing customers to identify products that are energy smart, that is to say, capable of automatically changing and optimising their consumption patterns in response to external stimuli (such as signals from or via a central home energy managing system, price signals, direct control signals, or local measurement) or capable of delivering other services which increase energy efficiency and the up-take of renewable energy, with the aim to improve the environmental impact of energy use over the whole energy system; (e) the locations where the label must be displayed, such as attached to the product unit where no damage is caused to it, printed on the packaging, provided in electronic format or displayed online, taking into account the requirements of Article 3(1), and the implications for customers, suppliers and dealers; (f) where appropriate, electronic means for labelling products; (g) the manner in which the label and product information sheet are to be provided in the case of distance selling; (h) the required contents and, where appropriate, the format and other details concerning the product information sheet and the technical documentation; (i) the verification tolerances to be used when verifying compliance with the requirements; (j) how the energy class and the range of the efficiency classes available on the label must be included in visual advertisements and technical promotional material, including legibility and visibility; (k) the measurement and calculation methods referred to in Article 13, to be used to determine label and product information sheet information, including the definition of the energy efficiency index (EEI), or equivalent parameter; (l) whether for larger appliances a higher level of energy efficiency is required to reach a given energy class; (m) the format of any additional references on the label allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet, such format being— (i) a website address; (ii) a dynamic quick response code (QR code); (iii) a link on online labels; or (iv) any other appropriate consumer-oriented means; (n) how, where appropriate, energy classes describing the product's energy consumption during use should be shown on the product's interactive display; (o) the date for the evaluation and possible consequent revision of the product-specific measure; and (p) as regards the requirement to keep information in Article 4(6), a retention period of less than 15 years, where appropriate, in relation to the average lifespan of the product. (1) Except where a delegated act referred to in Article 11A(4)(e) provides for specific rules for energy labels printed on packaging, where a label is rescaled— (a) subject to subparagraphs (b) and (c), the supplier must, when placing a product on the market, provide both the existing and the rescaled labels and the product information sheets to the dealer for a period beginning four months before the date specified in the relevant delegated act for starting the display of the rescaled label; (b) by way of derogation from subparagraph (a), if the existing and the rescaled label require different testing of the model, the supplier may choose not to supply the existing label with units of models placed on the market or put into service during the four-month period before the date specified in the relevant delegated act for starting the display of the rescaled label if no units belonging to the same model or equivalent models were placed on the market or put into service before the start of the four-month period; (c) where the supplier chooses not to supply the existing label in accordance with subparagraph (b)— (i) the dealer must not offer those units for sale before that date; and (ii) the supplier must notify the dealer concerned of that consequence as soon as possible, including when it includes such units in its offers to dealers; (d) subject to subparagraph (e), the supplier must, for products placed on the market or put into service before the four-month period, deliver the rescaled label on request from the dealer in accordance with Article 3(2) as from the start of that period. For such products, the dealer must obtain a rescaled label in accordance with Article 5(2); (e) by way of derogation from subparagraph (d)— (i) a dealer who is unable to obtain a rescaled label in accordance with subparagraph (d) for units already in its stock because the supplier has ceased its activities is permitted to sell those units exclusively with the non-rescaled label until nine months after the date specified in the relevant delegated act for starting the display of the rescaled label; or (ii) if the non-rescaled and the rescaled label require different testing of the model, the supplier is exempt from the obligation to supply a rescaled label for units placed on the market or put into service before the four-month period, if no units belonging to the same model or equivalent models are placed on the market or put into service after the start of the four-month period, in which case the dealer is permitted to sell those units exclusively with the non-rescaled label until nine months after the date specified in the relevant delegated act for starting the display of the rescaled label; and (f) the dealer— (i) must replace the existing labels on products on display, both in shops and online, with the rescaled labels within 14 working days after the date specified in the relevant delegated act for starting the display of the rescaled label; and (ii) must not display the rescaled labels before that date.
Omission of Article 12
12
Omit Article 12 (product database).
Amendment to Article 13
13
- (1) Article 13 (harmonised standards) is amended as follows.
- (2) In the heading, for “Harmonised” substitute “ Designated ”.
- (3) Omit paragraph 1.
- (4) In paragraph 2, for “such harmonised” substitute “ designated ”.
- (5) In paragraph 3, for “Harmonised”, substitute “ Designated ”.
- (6) In paragraph 4, for “harmonised”, substitute “ designated ”.
Omission of Articles 14 to 19
14
Omit Articles 14 to 19.
Amendment to Article 20
15
- (1) Article 20 (repeal and transitional measures) is amended as follows.
- (2) In paragraph 3, omit “or the Commission”.
- (3) In paragraph 4—
- (a) in the first subparagraph—
- (i) after “Delegated acts adopted”, insert “ before IP completion day ”;
- (ii) for “Article 16” substitute “ Article 11 ”;
- (b) in the second subparagraph, after “adopted”, insert “ before IP completion day ”.
- (4) In paragraph 5—
- (a) for “Commission adopts” substitute “ European Commission adopted ”;
- (b) after “Article 16 of this Regulation”, insert “ as it had effect before IP completion day ”;
- (c) after “Article 16(3) of this Regulation”, insert “ as it had effect before IP completion day ”.
Insertion of Article 20A
16
After Article 20 insert—
(1) Articles 3 to 6 do not apply to a product which— (a) was placed on the market or put into service during the pre-exit period; and (b) is in conformity with Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU as it had effect immediately before IP completion day. (2) Subject to paragraph 3, where a product was placed on the market or put into service during the pre-exit period, despite the amendments made by Schedule 4 to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 , any obligation to which a person was subject under this Regulation as it had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product. (3) Paragraph 2 does not apply to— (a) any obligation of any enforcing authority to inform the European Commission or the Member States of any matter; (b) any obligation to take action outside Great Britain in respect of that product; or (c) any obligation to contribute to, maintain, or use the product database. (4) In this Article— - “placed on the market” has the meaning given to it in this Regulation as it had effect immediately before IP completion day; - “pre-exit period” means the period beginning with 1 August 2017 and ending immediately before IP completion day; - “put into service” has the meaning given to it in this Regulation as it had effect immediately before IP completion day.
Amendment to Article 21
17
In Article 21 (entry into force and application)—
- (a) omit “concerning the obligations of suppliers in relation to the product database”;
- (b) omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Omission of Annex 1
18
Omit Annex 1 (information to be entered in the product database and functional criteria for the public part of the database).
SCHEDULE 5 — AMENDMENTS TO COMMISSION DELEGATED REGULATIONS RELATED TO ENERGY LABELLING
Commission Delegated Regulation (EU) No 1059/2010
1
- (1) Commission Delegated Regulation (EU) 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers is amended as follows.
- (2) In Article 3 (responsibilities of suppliers), in subparagraph (c), for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (revision).
- (5) 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.”.
- (6) In Annex 1 (label), in subparagraph (2) of section 1, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (7) In Annex 2 (product fiche), in paragraph 1(e), after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (8) In Annex 3 (technical documentation), in paragraph 1(c), for “harmonised”, substitute “ designated ”.
- (9) In Annex 5 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) for the third paragraph, substitute—
Great Britain authorities must use measurement procedures which take into account the generally recognised, state-of-the-art, reliable, accurate and reproducible measurement methods, and must use the measurement and calculation methods set out in Annex 7.
- (d) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
- (10) In Annex 7 (method for calculating the Energy Efficiency Index, the Drying Efficiency Index and water consumption), in the first paragraph of section 2, omit the words from “, including” to “Union”.
Commission Delegated Regulation (EU) No 1060/2010
2
- (1) Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances is amended as follows.
- (2) In Article 3 (responsibilities of suppliers), in subparagraph (c), for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (revision).
- (5) 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.”.
- (6) In Annex 2 (label)—
- (a) in subparagraph (2) of section 1, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”;
- (b) in subparagraph (2) of section 2, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (7) In Annex 3 (product fiche), in paragraph 1(e), after “ ‘EU Ecolabel award’”, insert “ before IP completion day ”.
- (8) In Annex 4 (technical documentation), in paragraph 1(c), for “harmonised”, substitute “ designated ”.
- (9) In Annex 6 (measurements), in paragraph 1, omit the words from “, including” to “Union”.
- (10) In Annex 7 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 1061/2010
3
- (1) Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines is amended as follows.
- (2) In Article 3 (responsibilities of suppliers), in subparagraph (c), for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (revision).
- (5) 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.”.
- (6) In Annex 1 (label), in subparagraph (2) of section 1, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (7) In Annex 2 (product fiche), in paragraph 1(e), after “ ‘EU Ecolabel award’”, insert “ before IP completion day ”.
- (8) In Annex 3 (technical documentation), in paragraph 1(c), for “harmonised”, substitute “ designated ”.
- (9) In Annex 5 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) for the third paragraph, substitute—
Great Britain authorities must use measurement procedures which take into account the generally recognised, state-of-the-art, reliable, accurate and reproducible measurement methods, and must use the measurement and calculation methods set out in Annex 7.
- (d) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 1062/2010
4
- (1) Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions is amended as follows.
- (2) In Article 2 (definitions), for subparagraph (7) substitute—
(7) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;
- (3) In Article 3 (responsibilities of suppliers), in paragraph 1(c), for “Member States and to the Commission”, substitute “ Great Britain ”.
- (4) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (5) Omit Article 7 (revision).
- (6) At the end of Article 9 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (7) In Annex 3 (product fiche), in paragraph 1(c), after “‘EU Ecolabel”, insert “ before IP completion day ”.
- (8) In Annex 4 (technical documentation), in subparagraph (c), for “harmonised”, substitute “ designated ”.
- (9) In Annex 5 (label), in point 6 of subparagraph (a) of section 1, after “ ‘European Union Ecolabel’”, insert “ before IP completion day ”.
- (10) In Annex 7 (measurements), in paragraph 1, omit the words from “, including” to “Union”.
- (11) In Annex 8 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 626/2011
5
- (1) Commission Delegated Regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of air conditioners is amended as follows.
- (2) In Article 3 (responsibilities of suppliers), in paragraph 1(c) for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ the authorities of Great Britain ”.
- (4) Omit Article 7 (revision).
- (5) 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.”.
- (6) In Annex 1 (definitions applicable for the purposes of Annexes 2 to 7), for subparagraph (8) substitute—
(8) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;
- (7) In Annex 3 (the label) in subparagraph (b) of—
- (a) paragraph 1.1 of section 1, after “ ‘EU eco-label’”, insert “ before IP completion day ”;
- (b) paragraph 2.1 of section 2, after “ ‘EU eco-label’”, insert “ before IP completion day ”;
- (c) paragraph 3.1 of section 3, after “ ‘EU eco-label’”, insert “ before IP completion day ”;
- (d) paragraphs 4.1, 4.3 and 4.5 of section 4, in each instance, after “ ‘EU eco-label’”, insert “ before IP completion day ”; and
- (e) paragraphs 5.1, 5.3 and 5.5 of section 5, in each instance, after “ ‘EU eco-label’”, insert “ before IP completion day ”.
- (8) In Annex 4 (product fiche), for paragraph 1(c) substitute “where a model has been granted a ‘European Union eco-label’ under Regulation (EC) No 66/2010 before IP completion day, a copy of the eco-label may be added;”.
- (9) In Annex 5 (technical documentation), in subparagraph (c), for “harmonised”, substitute “ designated ”.
- (10) In Annex 7 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (11) In Annex 8 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 392/2012
6
- (1) Commission Delegated Regulation (EU) No 392/2012 of 1 March 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household tumble driers is amended as follows.
- (2) In Article 3 (responsibilities of suppliers), in paragraph (c), for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (revision).
- (5) 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.”.
- (6) In Annex 1 (label)—
- (a) in paragraph 1.2 of section 1, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”;
- (b) in paragraph 2.2 of section 2, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”;
- (c) in paragraph 3.2 of section 3, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (7) In Annex 2 (product fiche), in paragraph 1(h), after “ ‘EU Ecolabel award’”, insert “ before IP completion day ”.
- (8) In Annex 3 (technical documentation), in paragraph 1(c), for “harmonised”, substitute “ designated ”.
- (9) In Annex 5 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) for the third paragraph, substitute—
Great Britain authorities must use measurement procedures which take into account the generally recognised, state-of-the-art, reliable, accurate and reproducible measurement methods, and must use the measurement and calculation methods set out in Annex 7.
- (d) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 874/2012
7
- (1) Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires is amended as follows.
- (2) In Article 3 (responsibilities of suppliers)—
- (a) in paragraph 1(b), for the words “Member States and to the Commission”, substitute “ Great Britain ”;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) in the third paragraph, after “Directive 2009/125/EC” insert “ or other ecodesign legislation ”.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (5) Omit Article 7 (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) In Annex 1 (label), in the final paragraph of section 1, after “ ‘EU ecolabel’” insert “ before IP completion day ”.
- (8) In Annex 3 (technical documentation)—
- (a) in subparagraph (c), for “harmonised”, substitute “ designated ”;
- (b) at the end of the second paragraph, insert “ or measures listed in paragraph 4 of Schedule 1 to the Ecodesign for Energy-Related Products Regulations 2010 ”.
- (9) In Annex 5 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) in section 1—
- (i) omit subparagraph (4);
- (ii) for the first paragraph, substitute—
Great Britain authorities must use measurement procedures which take into account the generally recognised, state-of-the-art, reliable, accurate and reproducible measurement methods, and must use the measurement and calculation methods set out in Annex 7.
- (iii) in the second paragraph—
- (aa) for “4” substitute “ 3 ”; and
- (bb) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 665/2013
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commission Delegated Regulation (EU) No 811/2013
9
- (1) Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of space heaters, combination heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device is amended as follows.
- (2) In Article 3 (responsibilities of suppliers and timetable), in paragraphs 1(c), 2(c), 3(b), 4(b), 5(c) and 6(c), in each instance, for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (review).
- (5) At the end of Article 8 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (6) In Annex 1 (definitions applicable for Annexes 2 to 8)—
- (a) for subparagraph (11), substitute—
(11) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.
- (b) for subparagraph (46), substitute—
(46) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;
- (7) In Annex 3 (the labels), in subparagraph (b) of subsections 1.1.3 and 1.1.4, in both instances, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (8) In Annex 5 (technical documentation), in subparagraph (c) of sections 1, 2, 3, 4, 5 and 6, in each instance, for “harmonised”, substitute “ designated ”.
- (9) In Annex 7 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (10) In Annex 8 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 812/2013
10
- (1) Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device is amended as follows.
- (2) In Article 1 (subject matter and scope), in paragraph 2(c)—
- (a) after “heaters” insert “ that immediately before IP completion day would have been ”;
- (b) after “Council”, insert “ , as that Directive had effect immediately before IP completion day ”.
- (3) In Article 3 (responsibilities of suppliers and timetable), in paragraphs 1(c), 2(c), 3(b) and 4(c), in each instance, for “Member States and to the Commission”, substitute “ Great Britain ”.
- (4) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (5) Omit Article 7 (review).
- (6) At the end of Article 8 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (7) In Annex 1 (definitions applicable for Annexes 2 to 9), for subparagraph (13), substitute—
(13) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.
- (8) In Annex 3 (the labels), in subparagraph (b) of subsection 1.1.3, after “ ‘EU Ecolabel’” insert “ before IP completion day ”.
- (9) In Annex 5 (technical documentation), in subparagraph (c) in sections 1 to 4, in each instance, for “harmonised” substitute “ designated ”.
- (10) In Annex 7 (measurements), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (11) In Annex 8 (method for calculating the water heating energy efficiency of water heaters), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (12) In Annex 9 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 65/2014
11
- (1) Commission Delegated Regulation (EU) No 65/2014 of 1 October 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of domestic ovens and range hoods is amended as follows.
- (2) In Article 2 (definitions), for subparagraph (19), substitute—
(19) ‘off mode’ means a condition in which the equipment is connected to a mains power source and is not providing any function other than— (a) an indication of off mode condition; or (b) functionalities intended only to ensure electromagnetic compatibility pursuant to the Electromagnetic Compatibility Regulations 2016;
- (3) In Article 3 (responsibilities of suppliers and timetable), in subparagraphs (1)(a)(iii) and (1)(b)(iii), in both instances, for “Member States” substitute “ Great Britain ”.
- (4) In Article 6 (verification procedure for market surveillance purposes), for “Member States'”, substitute “ Great Britain ”.
- (5) Omit Article 7 (review).
- (6) At the end of Article 10 (entry into force and application), in the final paragraph, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (7) In Annex 2 (measurements and calculations), in the first paragraph, omit the words from “, including” to “Union”.
- (8) In Annex 4 (fiche), for paragraph 2 of section A, substitute “ Where a model has been granted a European Union eco-label under Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 before IP completion day, a copy of the eco-label may be added ”.
- (9) In Annex 5 (technical documentation), in paragraph 1(e) of section A and paragraph 1(e) of Section B, in both instances, for “harmonised”, substitute “ designated ”.
- (10) In Annex 8 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) No 1254/2014
12
- (1) Commission Delegated Regulation (EU) No 1254/2014 of 11 July 2014 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of residential ventilation units is amended as follows.
- (2) In Article 1 (subject matter and scope), in paragraph 2(b), after “Council”, insert “ , as it had effect immediately before IP completion day ”.
- (3) In Article 2 (definitions), after “Regulation the” insert “ definitions in Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU as well as the ”.
- (4) In Article 3 (responsibilities of suppliers), in paragraph 1(c), for “Member State authorities and the Commission” substitute “ authorities of Great Britain ”.
- (5) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ the authorities of Great Britain ”.
- (6) Omit Article 7 (review).
- (7) At the end of Article 8 (entry into force), in the second paragraph, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (8) In Annex 5 (technical documentation), in subparagraph (c), for “harmonised” substitute “ designated ”.
- (9) In Annex 9 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) 2015/1094
13
- (1) Commission Delegated Regulation (EU) 2015/1094 of 5 May 2015 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of professional refrigerated storage cabinets is amended as follows.
- (2) In Article 2 (definitions), after “The” insert “ definitions in the Energy Information Regulations 2011 as well as the ”.
- (3) In Article 3 (responsibilities of suppliers and timetable), in paragraph 1(e), for “Member States” substitute “ Great Britain ”.
- (4) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (5) Omit Article 7 (review).
- (6) At the end of Article 8 (entry into force and application), in the second paragraph, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (7) In Annex 3 (labels)—
- (a) in the second paragraph of section 1, after “ ‘EU ecolabel’” insert “ before IP completion day ”;
- (b) in the second paragraph of section 2, after “ ‘EU eco-label’” insert “ before IP completion day ”.
- (8) In Annex 4 (product fiche), in paragraph 1(e), after “ ‘EU eco-label’” insert “ before IP completion day ”.
- (9) In Annex 5 (technical documentation)—
- (a) in paragraph 1(c), for “harmonised”, substitute “ designated ”;
- (b) at the end of paragraph 3, insert “ or measures listed in paragraph 4 of Schedule 1 to the Ecodesign for Energy-Related Products Regulations 2010 ”.
- (10) In Annex 9 (measurement and calculation), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (11) In Annex 10 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) 2015/1186
14
- (1) Commission Delegated Regulation (EU) 2015/1186 of 24 April 2015 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of local space heaters is amended as follows.
- (2) In Article 3 (responsibilities of suppliers and timetable), in paragraphs 1(e) and 2(e), in both instances, for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (review).
- (5) At the end of Article 8 (entry into force), in the final paragraph, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (6) In Annex 5 (technical documentation)—
- (a) in paragraph (c), for “harmonised”, substitute “ designated ”;
- (b) at the end of the second paragraph, insert “ or measures listed in paragraph 4 of Schedule 1 to the Ecodesign for Energy-Related Products Regulations 2010 ”.
- (7) In Annex 8 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (8) In Annex 9 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Commission Delegated Regulation (EU) 2015/1187
15
- (1) Commission Delegated Regulation (EU) 2015/1187 of 27 April 2015 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of solid fuel boilers and packages of a solid fuel boiler, supplementary heaters, temperature controls and solar devices is amended as follows.
- (2) In Article 3 (responsibilities of suppliers and timetable), in paragraphs 1(e) and 3(e), in both instances, for “Member States and to the Commission”, substitute “ Great Britain ”.
- (3) In Article 6 (verification procedure for market surveillance purposes), for “Member States”, substitute “ The authorities of Great Britain ”.
- (4) Omit Article 7 (review).
- (5) At the end of Article 8 (entry into force), in the last paragraph, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
- (6) In Annex 1 (definitions applicable to Annexes 2 to 10), for subparagraph (5), substitute—
(5) ‘conversion coefficient’ (CC) means a coefficient the value of which is CC = 2.5.
- (7) In Annex 3 (the labels), in subparagraph (b) of subsections 1.1 and 1.2, in both instances, after “ ‘EU Ecolabel’”, insert “ before IP completion day ”.
- (8) In Annex 5 (technical documentation)—
- (a) in subparagraph (c) of section 1 and section 2, in both instances, for “harmonised” substitute “ designated ”;
- (b) at the end of the second unnumbered paragraph in section 1, after “Directive 2009/125/EC of the European Parliament and of the Council”, insert “ or measures listed in paragraph 4 of Schedule 1 to the Ecodesign for Energy-Related Products Regulations 2010 ”.
- (9) In Annex 8 (measurements and calculations), in paragraph 1, for the words from “harmonised” to “Union”, substitute “ designated standards ”.
- (10) In Annex 10 (product compliance verification by market surveillance authorities)—
- (a) for each instance of “Member State” or “Member States”, substitute “ Great Britain ”;
- (b) omit subparagraph (7);
- (c) in the fourth paragraph—
- (i) for “7” substitute “ 6 ”; and
- (ii) for “harmonised” substitute “ designated ”.
Signed
Claire Perry — Minister of State for Energy and Clean Growth — 2019-03-08
Explanatory note
(This note is not part of these Regulations)
Footnotes
[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). The European Communities Act 1972 will be repealed on exit day by section 1 of the European Union (Withdrawal) Act 2018 (c. 16).
[^f00002]: 2018 c. 16.
[^f00003]: S.I. 2010/761.
[^f00004]: S.I. 2011/1524, amended by S.I. 2012/2897, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2018/255.
[^f00005]: S.I. 2010/2617, amended by S.I. 2011/1043, S.I. 2011/2677, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2017/1143.
[^f00006]: S.I. 2011/1524, amended by S.I. 2012/2897, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2018/255.
[^f00007]: 2006 c. 46 as amended by S.I. 2013/3008 and S.I. 2015/980.
[^f00008]: OJ L 218, 13.8.2008, p. 82–128.
[^f00009]: OJ L 285 31.10.2009, p. 10, as amended by Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency (OJ L 315, 14.11.2012, p. 1).
[^f00010]: For the purpose of any enactment, the UK marking is defined as the marking in the form published in accordance with RAMS.
[^f00011]: S.I. 2013/3113, amended by S.I. 2014/1771, S.I. 2015/1968, S.I. 2016/738, S.I. 2016/1154, S.I. 2018/102.
[^f00012]: S.I. 2012/3032, as amended by S.I. 2018/942.
[^f00013]: As inserted by these Regulations.
[^f00014]: 2006 c. 46.
[^f00015]: S.I. 2010/2617, amended by S.I. 2011/1043, S.I. 2011/2677, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838, S.I. 2017/1143 and Part 3 of this instrument.
[^f00016]: OJ L 285, 31.10.2009, p. 10–35.
[^f00017]: S.I. 2016/1091, amended by S.I. 2017/1206.
[^f00018]: OJ L 71, 10.3.1998, p. 1.
[^f00019]: OJ L 96, 29.3.2014, p. 309–356.
[^f00020]: OJ L 23, 28.1.2000, p. 57–64.
[^f00021]: OJ L 96, 29.3.2014, p. 357–374.
[^f00022]: OJ L 96, 29.3.2014, p. 309–356.
[^f00023]: OJ L 23, 28.1.2000, p. 57–64.
[^f00024]: OJ L 157, 9.6.2006, p. 24–86.
[^f00025]: OJ L 169, 12.7.1993, p. 1–43.
[^f00026]: OJ L 170, 30.6.2009, p. 1–37.
[^f00027]: S.I. 2013/3113, amended by S.I. 2014/1771, S.I. 2015/1968, S.I. 2016/738, S.I. 2016/1154, S.I. 2018/102, and S.I. 2018/942.
[^f00028]: S.I. 2008/1597, amended by S.I. 2011/2157, O. 2014/469, S.I. 2015/1630, S.I. 2015/1682, S.I. 2016/1105, S.I. 2018/235 and S.I. 2018/236.
[^f00029]: S.I. 2016/1101, amended by S.I. 2017/1206 and S.I. 2018/966.
[^f00030]: S.I. 2011/1524, amended by S.I. 2012/2897, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2018/255.
[^f00031]: O.J. L 266, 18.10.1996, p. 1, as amended by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded of 23 September 2003 (OJ L 236,23.9.2003, p. 33) and Commission Directive 2006/80/EC of 23 October 2006 adapting certain directives in the field of energy, by reason of the accession of Bulgaria and Romania (OJ L 362, 20.12.2006, p. 67).
[^f00032]: S.I. 2019/539
Editorial notes
[^c23633671]: 1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). The European Communities Act 1972 will be repealed on exit day by section 1 of the European Union (Withdrawal) Act 2018 (c. 16).
[^c23633681]: 2018 c. 16.
[^c23633691]: S.I. 2010/761.
[^c23633701]: S.I. 2011/1524, amended by S.I. 2012/2897, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2018/255.
[^c23633711]: S.I. 2010/2617, amended by S.I. 2011/1043, S.I. 2011/2677, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2017/1143.
[^c23633721]: S.I. 2011/1524, amended by S.I. 2012/2897, S.I. 2012/3005, S.I. 2013/1232, S.I. 2014/1290, S.I. 2015/469, S.I. 2016/838 and S.I. 2018/255.
[^c23633731]: 2006 c. 46 as amended by S.I. 2013/3008 and S.I. 2015/980.
[^c23633741]: OJ L 218, 13.8.2008, p. 82–128.
[^c23633751]: OJ L 285 31.10.2009, p. 10, as amended by Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency (OJ L 315, 14.11.2012, p. 1).
[^c23633761]: For the purpose of any enactment, the UK marking is defined as the marking in the form published in accordance with RAMS.
[^c23633771]: S.I. 2013/3113, amended by S.I. 2014/1771, S.I. 2015/1968, S.I. 2016/738, S.I. 2016/1154, S.I. 2018/102.
[^c23633781]: S.I. 2012/3032, as amended by S.I. 2018/942.
[^c23633791]: As inserted by these Regulations.
[^c23633801]: 2006 c. 46.
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