PART 1 INTRODUCTION

Citation and commencement

1.—(1) These Regulations may be cited as the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020.

(2) This Part and Part 2 come into force immediately before IP completion day.

(3) Regulation 28 (revocations) comes into force on 1st March 2021.

(4) The remainder of these Regulations come into force on IP completion day.

Extent

2.—(1) Part 3 of these Regulations extends to Northern Ireland only.

(2) Part 6 of these Regulations extends to England and Wales and Scotland only.

(3) Any amendment made by Part 2 of these Regulations has the same extent as the provision amended.

(4) The remainder of these Regulations extend to England and Wales, Scotland and Northern Ireland.

PART 2 AMENDMENTS TO THE ECODESIGN FOR ENERGY-RELATED PRODUCTS AND ENERGY INFORMATION (AMENDMENT) (EU EXIT) REGULATIONS 2019

Amendments to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019

3.  The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019( 2) are amended as follows.

4.  For “exit day”, in each place it occurs, substitute “IP completion day”.

5.  In regulation 1 (citation and commencement)—

(a) for the heading, substitute—

“Citation, commencement and extent ”;

(b) after paragraph (3) insert—

“(4)  Regulations 3 and 5 and Schedules 1 and 3 extend to England and Wales and Scotland only.

(5)  The remainder of these Regulations extend to England and Wales, Scotland and Northern Ireland. ”.

6.—(1) In each of the provisions listed in paragraph (2), for “United Kingdom” substitute “Great Britain”.

(2) The provisions referred to in paragraph (1) are—

(a) in Schedule 1 (amendments to the Ecodesign for Energy-Related Products Regulations 2010)—

(i) in paragraph 2(2), in the inserted definition of “put into service”;

(ii) in paragraph 12—

(aa) in the inserted regulation 22, paragraph (2)(b)(ii);

(bb) in the inserted regulation 23, paragraph (1)(d)(iii)(bb);

(b) in Schedule 2 (amendments to Commission Regulations related to Ecodesign)—

(i) paragraph 1(6)(a);

(ii) paragraph 2(6)(a);

(iii) paragraph 3(9)(a) and (b)(i);

(iv) paragraph 4(8)(a);

(v) paragraph 6(7)(a);

(vi) paragraph 7(8)(a);

(vii) paragraph 8(6)(a);

(viii) paragraph 9(8)(a);

(ix) paragraph 10(8)(a);

(x) paragraph 11(8)(a);

(xi) paragraph 12(9)(a);

(xii) paragraph 13(9)(a);

(xiii) paragraph 14(8)(a);

(xiv) paragraph 15(7)(a);

(xv) paragraph 16(9)(a), (e)(iii)(aa) and (bb) and (e)(iv);

(xvi) paragraph 17(7)(a);

(xvii) paragraph 18(9)(a);

(xviii) paragraph 19(10)(a);

(xix) paragraph 20(10)(a);

(xx) paragraph 21(8)(a);

(xxi) paragraph 23(9)(a);

(xxii) paragraph 24(11)(a), (12)(a) and (13)(a);

(xxiii) paragraph 25(11)(a);

(xxiv) paragraph 26(9)(a);

(xxv) paragraph 27(10(a);

(xxvi) paragraph 28(10)(a);

(c) in Schedule 5 (amendments to Commission Delegated Regulations related to energy labelling)—

(i) paragraph 1(2) and (9)(a);

(ii) paragraph 2(10)(a);

(iii) paragraph 3(2) and (9)(a);

(iv) paragraph 4(11)(a);

(v) paragraph 5(2) and (11)(a);

(vi) paragraph 6(2) and (9)(a);

(vii) paragraph 7(2)(a) and (9)(a);

(viii) paragraph 9(2) and (10)(a);

(ix) paragraph 10(3) and (12)(a);

(x) paragraph 11(3), (4) and (10)(a);

(xi) paragraph 12(9)(a);

(xii) paragraph 13(3) and (11)(a);

(xiii) paragraph 14(2) and (8)(a);

(xiv) paragraph 15(2) and (10)(a).

(3) In each of the provisions listed in paragraph (4), for “the United Kingdom” substitute “Great Britain”.

(4) The provisions referred to in paragraph (3) are—

(a) in Schedule 1—

(i) in paragraph 2(2), in sub-paragraph (b) of the inserted definition of “authorised representative”;

(ii) in paragraph 11, paragraph (3) of the inserted regulation 20A;

(iii) in paragraph 12, in the inserted regulation 22—

(aa) paragraph (2)(a);

(bb) paragraph (7)(c)(vii);

(iv) in paragraph 14, paragraph 3(1) of the inserted Schedule 1A;

(v) in paragraph 15, paragraph 10(1) of the inserted Schedule 1B;

(b) in Schedule 2—

(i) paragraph 1(6)(b);

(ii) paragraph 2(6)(b);

(iii) paragraph 3(4);

(iv) paragraph 6(4) and (7)(b);

(v) paragraph 7(4) and (8)(b);

(vi) paragraph 8(6)(b)(i), in both places it occurs;

(vii) paragraph 8(6)(c)(i) and (ii);

(viii) paragraph 9(4) and (8)(b);

(ix) paragraph 10(4) and (8)(b) and (e);

(x) paragraph 11(4) and (8)(b) and (e);

(xi) paragraph 12(5) and (9)(b);

(xii) paragraph 13(4) and (9)(b);

(xiii) paragraph 14(4) and (8)(b);

(xiv) paragraph 15(4) and (7)(b) and (e);

(xv) paragraph 16(4) and (9)(b), (d) and (e)(i) and (ii);

(xvi) paragraph 17(7)(c)(i);

(xvii) paragraph 18(4) and (9)(b);

(xviii) paragraph 19(5) and (10)(b);

(xix) paragraph 20(5) and (10)(b);

(xx) paragraph 21(4) and (8)(b);

(xxi) paragraph 23(5) and (9)(b);

(xxii) paragraph 24(4), (11)(b), (12)(b) and (13)(b);

(xxiii) paragraph 25(4), (6) and (11)(b);

(xxiv) paragraph 26(4) and (9)(b);

(xxv) paragraph 27(4), (6) and (10)(b);

(xxvi) paragraph 28(5) and (10)(b);

(c) paragraph 3 of Schedule 3 (amendments to the Energy Information Regulations 2011);

(d) in Schedule 4 (amendments to Regulation (EU) 2017/1369 setting a framework for energy labelling)—

(i) paragraph 2;

(ii) paragraph 7(3)(b);

(iii) in paragraph 16, paragraph 3(b) of the inserted Article 20A;

(e) in Schedule 5—

(i) paragraph 1(3) and (9)(c);

(ii) paragraph 2(2) and (3);

(iii) paragraph 3(3) and (9)(c);

(iv) paragraph 4(3) and (4);

(v) paragraph 5(3);

(vi) paragraph 6(3) and (9)(c);

(vii) paragraph 7(4) and (9)(b)(ii);

(viii) paragraph 9(3);

(ix) paragraph 10(4);

(x) paragraph 12(4) and (5);

(xi) paragraph 13(4);

(xii) paragraph 14(3);

(xiii) paragraph 15(3).

7.  In Schedule 1—

(a) in paragraph 2(2)—

(i) for the inserted definition of “importer” substitute—

““importer” means a person who—

(ii) after the inserted definition of “life cycle”, insert—

““make available on the market” means to supply a product for distribution or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge; ”;

(iii) in the inserted definition of “place on the market”, for “the United Kingdom market” substitute “the market of Great Britain”;

(b) in paragraph 11, after the inserted regulation 20B, insert—

“Expiry of regulation 20B

20C.— (1)  Subject to paragraph (2), regulation 20B ceases to have effect at the end of the period of 12 months beginning with IP completion day.

(2)  Notwithstanding the expiry of regulation 20B—

(a) any product which was placed on the market or put into service pursuant to regulation 20B may continue to be made available on the market on or after the expiry of regulation 20B;

(b) any obligation to which a person was subject in respect of a product placed on the market or put into service pursuant to regulation 20B continues to have effect after the expiry of regulation 20B, in respect of that product.

Qualifying Northern Ireland Goods

20D.— (1)  Where paragraph (2) applies to an energy-related product—

(a) the product is to be treated as being in conformity with Part 2; and

(b) the relevant economic operator( 3) is to be treated as having complied or as complying with the obligations imposed on them under Part 2 in relation to that product.

(2)  This paragraph applies where—

(a) an energy-related product is—

(i) in conformity with Part 2 of these Regulations as they apply in Northern Ireland; and

(ii) qualifying Northern Ireland goods; and

(b) a relevant economic operator has complied or is complying with the obligations imposed on them under Part 2 of these Regulations as they apply in Northern Ireland.

(3)  In this regulation “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018. ”.

8.  In Schedule 2—

(a) omit paragraph 5 (amendment of Commission Regulation (EC) No 278/2009);

(b) in paragraph 19 (amendment of Commission Regulation (EU) No 813/2013, in sub-paragraph (4)(b)—

(i) omit the inserted paragraph 4(b)(i);

(ii) after the inserted paragraph 4(b) insert—

“(ba) for “the Community”, in the first four places it occurs, there were substituted “Great Britain”; ”;

(iii) after paragraph 4(e) insert—

“(f) in paragraph 9, for “the Community market” there were substituted “the market of Great Britain”; ”;

(iv) omit the inserted paragraph 5(b)(i);

(v) after the inserted paragraph (5)(b) insert—

“(ba) in the description of Module C: Conformity to type, in paragraph 3—

(i) for “the Community”, in the first place it occurs, there were substituted “Great Britain”;

(ii) for “the Community market” there were substituted “the market of Great Britain”;

(bb) for “the Community”, in each other place it occurs, there were substituted “Great Britain”; ”;

(c) in paragraph 22 (amendment of Commission Regulation (EU) No 548/2014)—

(i) after sub-paragraph (1) insert—

“(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”( 4) ;

(b) in paragraph 2(o), for “Article 3 of Council Directive 2009/71/Euratom” substitute “section 26 of the Nuclear Installations Act 1965”( 5) ;

(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”. ”;

(ii) in sub-paragraph (2)—

(aa) for “In Article 2 (definitions),” substitute—

“In Article 2 (definitions)—

(a) ”;

(bb) after sub-paragraph (2)(a) insert—

“(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”( 6) . ”;

(iii) after sub-paragraph (2) insert—

“(2A)  In Article 3 (eco-design requirements), omit the second paragraph.”. ”;

(iv) in sub-paragraph (3)—

(aa) for “For Article 4 (conformity assessment) substitute—” substitute—

• “In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute— ”;

(bb) after sub-paragraph (3)(a), insert—

“(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.”( 7) . ”;

(v) in sub-paragraph (4), for “the United Kingdom” substitute “Great Britain”;

(vi) in sub-paragraph (6), for “Article 8” substitute “Article 9”;

(vii) for sub-paragraph (7) substitute—

“(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) ”;

(viii) in sub-paragraph (8)—

(aa) in paragraph (a), for “United Kingdom” substitute “Great Britain”;

(bb) in paragraph (b), for “the second paragraph” substitute “the third paragraph”, and for “the United Kingdom” substitute “Great Britain”;

(cc) after paragraph (b) insert—

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

(dd) in paragraph (e), for “the fourth paragraph” substitute “the fifth paragraph”.

9.  In Schedule 4—

(a) in paragraph 3—

(i) for sub-paragraph (2) substitute—

“In point (7), for “the Union market” substitute “the market of Great Britain”. ”;

(ii) in sub-paragraphs (3) and (4), for “the United Kingdom market” substitute “the market of Great Britain”;

(iii) for sub-paragraph (5) substitute—

“In point (11), for “the Union” substitute “Great Britain”. ”;

(iv) for sub-paragraph (6) substitute—

“For point (12) substitute—

““importer” means a person who—

(v) for sub-paragraph (7) substitute—

“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; ” . ”;

(vi) in sub-paragraph (11), after the inserted point (27) add—

“(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( 9) ; ”;

(b) in paragraph 8—

(i) for sub-paragraph (2) substitute—

“For the heading, substitute “Market surveillance and control of products entering the market of Great Britain” ”;

(ii) in sub-paragraph (5), for “The United Kingdom’s” substitute “Great Britain’s”;

(c) in sub-paragraphs (4) and (5) of paragraph 9, for “United Kingdom market” substitute “market of Great Britain”;

(d) in paragraph 11, in the inserted Article 11, for “United Kingdom market” in each place it occurs, substitute “market of Great Britain”.

10.  In Schedule 5—

(a) in paragraph 7(2)(a), for “in paragraphs 1(b) and 2(a), in both instances” substitute “in paragraph 1(b)”;

(b) omit paragraphs 7(2)(b) and (3);

(c) omit paragraph 8.

PART 3 AMENDMENTS TO THE ECODESIGN FOR ENERGY-RELATED PRODUCTS REGULATIONS 2010 IN RESPECT OF NORTHERN IRELAND

11.  The Ecodesign for Energy-Related Products Regulations 2010( 10) are amended as follows.

12.  In regulation 2(1) (interpretation) after the definition of “RAMS” insert—

““UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020( 11) ; ”.

13.  After regulation 4 insert—

“UK(NI) indication

4A.— (1)  Where the CE marking is affixed on the basis of an assessment or a certificate issued by a UK notified body( 12) , a UK(NI) indication must also be affixed to the product, in accordance with this regulation.

(2)  The UK(NI) indication must be affixed—

(a) visibly, legibly and indelibly; and

(b) before the product is placed on the market in Northern Ireland.

(3)  The UK(NI) indication must be affixed wherever the CE marking is affixed, in accordance with regulation 4.

(4)  The UK(NI) indication must be affixed by—

(a) the manufacturer; or

(b) the manufacturer’s authorised representative who has been appointed by the manufacturer to affix the UK(NI) indication on the manufacturer’s behalf.

(5)  When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of UK notified bodies

4B.— (1)  The Secretary of State must ensure that—

(a) each UK notified body is assigned an identification number; and

(b) there is a register of—

(i) UK notified bodies;

(ii) their notified body identification number;

(iii) the activities for which they have been notified; and

(iv) any restrictions on those activities.

(2)  The register referred to in paragraph (1) must be maintained and made publicly available.

(3)  The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b). ”.

PART 4 AMENDMENTS TO COMMISSION REGULATIONS RELATED TO ECODESIGN

Amendments to Commission Regulation (EU) 2019/424

14.—(1) Commission Regulation (EU) 2019/424 of 15 March 2019 laying down ecodesign requirements for servers and data storage products pursuant to Directive 2009/125/ECof the European Parliament and of the Council and amending Commission Regulation (EU) No 617/2013is amended as follows.

(2) In paragraph 1 of Article 2 (definitions)—

(a) for “For the purposes of this Regulation, the following definitions shall apply:” substitute—

“For the purposes of this Regulation, the definitions set out in the 2010 Regulations apply. The following definitions also apply— ”;

(b) after point (16) insert—

“(17)  ‘market surveillance’ and ‘market surveillance authority’ have the meanings set out in Article 2 of RAMS( 13) ;

(18)  ‘the 2010 Regulations’ means the Ecodesign for Energy-Related Products Regulations 2010. ”.

(3) In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute—

“1.   For the purposes of regulation 4(2)(a) of the 2010 Regulations, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control procedure set out in Part 1 of Schedule 1A to those Regulations, or the management system procedure set out in Part 2 of that Schedule. ”;

(b) in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “regulation 4(2)(a) of the 2010 Regulations”.

(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 market surveillance authority must apply the verification procedure described in Annex 4. ”.

(5) Omit Article 8 (review).

(6) After Article 10 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(7) In paragraph 1 of Annex 3 (measurements and calculations), for the words from “harmonised” to “Union” substitute “designated standards”.

(8) In Annex 4 (verification procedure for market surveillance purposes)—

(a) for each occurrence of “the Member State authorities”, substitute “the market surveillance authority”;

(b) in the first paragraph, for “Member State authorities”, substitute “the market surveillance authority”;

(c) for the third paragraph, substitute—

“When verifying the compliance of a product model with the requirements laid down in this Regulation, the market surveillance authority must apply the following procedure— ”;

(d) in point 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 2010 Regulations”; and

(ii) for “paragraph (g) thereof” substitute “paragraph 1(2)(b)(vii) of that Schedule”;

(e) omit point 7;

(f) in the final paragraph before Table 7, for “points 1 to 7” substitute “points 1 to 6”.

(9) In Annex 5 (indicative benchmarks referred to in Article 6), in the first paragraph, for “purpose of Part 3, point 2 of Annex I to Directive 2009/125/EC”, substitute “purposes of this Regulation”.

Amendment to Commission Regulation (EU) 2019/1781

15.  After Article 12 (entry into force and application) of Commission Regulation (EU) 2019/1781 of 1 October 2019 laying down ecodesign requirements for electric motors and variable speed drives pursuant to Directive 2009/125/ECof the European Parliament and of the Council, amending Regulation (EC) No 641/2009with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in products and repealing Commission Regulation (EC) No 640/2009, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Regulation (EU) 2019/1782

16.—(1) Commission Regulation (EU) 2019/1782 of 1 October 2019 laying down ecodesign requirements for external power supplies pursuant to Directive 2009/125/ECof the European Parliament and of the Council and repealing Commission Regulation (EC) No 278/2009is amended as follows.

(2) In Article 2 (definitions)—

(a) for “For the purposes of this Regulation, the following definitions shall apply:” substitute—

“For the purposes of this Regulation, the definitions set out in the 2010 Regulations apply. The following definitions also apply— ”;

(b) after point (19) insert—

“(20)  ‘the 2010 Regulations’ means the Ecodesign for Energy-Related Products Regulations 2010;

(21)  ‘market surveillance’ and ‘market surveillance authority’ have the meanings set out in Article 2 of RAMS. ”.

(3) In Article 4 (conformity assessment)—

(a) for paragraph 1, substitute—

“1.   For the purposes of regulation 4(2)(a) of the 2010 Regulations, the procedure for assessing whether an energy-related product complies with this implementing measure is the internal design control procedure set out in Part 1 of Schedule 1A to those Regulations, or the management system procedure set out in Part 2 of that Schedule. ”;

(b) in paragraph 2, for “Article 8 of Directive 2009/125/EC” substitute “regulation 4(2)(a) of the 2010 Regulations”.

(4) For Article 5 (verification procedure for market surveillance purposes) substitute—

“5.   When performing market surveillance checks to assess compliance with the requirements set out in this Regulation, the market surveillance authority must apply the verification procedure described in Annex 3. ”.

(5) Omit Article 7 (review).

(6) After Article 9 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(7) In paragraph 3 of Annex 2 (measurements and calculations), for the words from “harmonised” to “Union” substitute “designated standards”.

(8) In Annex 3 (verification procedure for market surveillance purposes)—

(a) for each occurrence of “the Member State authorities”, substitute “the market surveillance authority”;

(b) in the first paragraph, for “Member State authorities”, substitute “the market surveillance authority”;

(c) for the second paragraph, substitute—

“When verifying the compliance of a product model with the requirements laid down in this Regulation, the market surveillance authority must apply the following procedure— ”;

(d) in point 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 2010 Regulations”; and

(ii) for “paragraph (g) thereof” substitute “paragraph 1(2)(b)(vii) of that Schedule”;

(e) omit point 7;

(f) in the final paragraph before Table 1—

(i) for “points 1 to 7” substitute “points 1 to 6”; and

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

Amendment to Commission Regulation (EU) 2019/1783

17.  After Article 2 of Commission Regulation (EU) 2019/1783 of 1 October 2019 amending Regulation (EU) No 548/2014 on implementing Directive 2009/125/ECof the European Parliament and of the Council with regard to small, medium and large power transformers, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Regulation (EU) 2019/2019

18.  After Article 10 (entry into force and application) of Commission Regulation (EU) 2019/2019 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances pursuant to Directive 2009/125/ECof the European Parliament and of the Council and repealing Commission Regulation (EC) No 643/2009, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Regulation (EU) 2019/2020

19.  After Article 11 (entry into force and application) of Commission Regulation (EU) 2019/2020 of 1 October 2019 laying down ecodesign requirements for light sources and separate control gears pursuant to Directive 2009/125/ECof the European Parliament and of the Council and repealing Commission Regulations (EC) No 244/2009, (EC) No 245/2009and (EU) No 1194/2012, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Regulation (EU) 2019/2021

20.  After Article 11 (entry into force and application) of Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign requirements for electronic displays pursuant to Directive 2009/125/ECof the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008and repealing Commission Regulation (EC) 642/2009, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Commission Regulation (EU) 2019/2022

21.—(1) Commission Regulation (EU) 2019/2022 of 1 October 2019 laying down ecodesign requirements for household dishwashers pursuant to Directive 2009/125/ECof the European Parliament and of the Council amending Commission Regulation (EC) No 1275/2008and repealing Commission Regulation (EU) No 1016/2010is amended as follows.

(2) In Article 11 (transitional measures) omit “until 28 February 2021”.

(3) After Article 12 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(4) In Annex 2 (ecodesign requirements)—

(a) in point 1, for “From 1 March 2021” substitute “In accordance with Article 11 of this Regulation”;

(b) in point 1(c), omit “, and their translations in all EU official languages,”.

Amendments to Commission Regulation (EU) 2019/2023

22.—(1) Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers pursuant to Directive 2009/125/ECof the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008and repealing Commission Regulation (EU) No 1015/2010is amended as follows.

(2) In Article 11 (transitional measures) omit “until 28 February 2021”.

(3) After Article 12 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(4) In Annex 2 (ecodesign requirements)—

(a) in point 1, for “From 1 March 2021” substitute “In accordance with Article 11 of this Regulation”;

(b) in point 1(3), omit “, and their translations in all EU official languages,”.

PART 5 AMENDMENTS TO AND REVOCATION OF COMMISSION DELEGATED REGULATIONS RELATED TO ENERGY LABELLING

Amendment to Commission Delegated Regulation (EU) 2019/2013

23.—(1) Commission Delegated Regulation (EU) 2019/2013 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of electronic displays and repealing Commission Delegated Regulation (EU) No 1062/2010 is amended as follows.

(2) In Article 10 (transitional measures) for “through the product database” substitute “on a publicly accessible website”.

(3) After Article 11 (entry into force and application) omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment of Commission Delegated Regulation (EU) 2019/2014

24.—(1) Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household washing machines and household washer-dryers and repealing Commission Delegated Regulation (EU) No 1061/2010 and Commission Directive 96/60/ECis amended as follows.

(2) In Article 3(1)(b) (obligations of suppliers), for “entered into the product database” substitute—

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

(3) In Article 10 (transitional measures), for “on the product database” in both places it occurs, substitute “on a publicly accessible website”.

(4) After Article 11 (entry into force and application) omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Delegated Regulation (EU) 2019/2015

25.  After Article 10 (entry into force and application) of Commission Delegated Regulation (EU) 2019/2015 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of light sources and repealing Commission Delegated Regulation (EU) No 874/2012, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Delegated Regulation (EU) 2019/2016

26.—(1) Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010 is amended as follows.

(2) In Article 3(1)(b) (obligations of suppliers), for “entered into the product database” substitute—

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

(3) In Article 10 (transitional measures) for “through the product database” substitute “on a publicly accessible website”.

(4) After Article 11 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Delegated Regulation (EU) 2019/2017

27.—(1) Commission Delegated Regulation (EU) 2019/2017 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household dishwashers and repealing Commission Delegated Regulation (EU) No 1059/2010 is amended as follows.

(2) In Article 3(1)(b) (obligations of suppliers), for “entered into the product database” substitute—

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

(3) In Article 10 (transitional measures) for “through the product database” substitute “on a publicly accessible website”.

(4) After Article 11 (entry into force and application), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Revocations

28.  The following Regulations are revoked—

(a) Commission Delegated Regulation (EU) No 1059/2010( 14);

(b) Commission Delegated Regulation (EU) No 1060/2010( 15);

(c) Commission Delegated Regulation (EU) No 1061/2010( 16);

(d) Commission Delegated Regulation (EU) No 1062/2010( 17);

PART 6 APPLICATION OF COMMISSION DELEGATED REGULATIONS RELATED TO ENERGY LABELLING

Application of Commission Delegated Regulation (EU) 2019/2013

29.—(1) The provisions of Commission Delegated Regulation (EU) 2019/2013 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of electronic displays and repealing Commission Delegated Regulation (EU) No 1062/2010 specified in paragraphs (3) and (4) apply as if they were provisions of retained direct EU legislation.

(2) For the purposes of paragraph (1), the provisions specified in paragraphs (3) and (4) apply—

(a) from the dates specified in those paragraphs, and

(b) in accordance with the modifications in Schedule 1.

(3) The following provisions apply from IP completion day—

(a) Article 1;

(b) Article 2;

(c) Article 3(2);

(d) Article 6;

(e) Annexes 1 to 4.

(4) The following provisions apply from 1 March 2021—

(a) Article 3(1) (b) to (i);

(b) Article 4;

(c) Article 5;

(d) Article 7;

(e) Annexes 5 to 9.

Application of Commission Delegated Regulation (EU) 2019/2014

30.—(1) The provisions of Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household washing machines and household washer-dryers and repealing Commission Delegated Regulation (EU) No 1061/2010 and Commission Directive 96/60/ECspecified in paragraphs (3) and (4) apply as if they were provisions of retained direct EU legislation.

(2) For the purposes of paragraph (1), the provisions specified in paragraphs (3) and (4) apply—

(a) from the dates specified in those paragraphs, and

(b) in accordance with the modifications in Schedule 2.

(3) The following provisions apply from IP completion day—

(a) Article 1;

(b) Article 2;

(c) Article 3(2);

(d) Article 6;

(e) Annexes 1 to 5;

(f) Annex 10.

(4) The following provisions apply from 1 March 2021—

(a) Article 3(1)(c) to (h);

(b) Article 4;

(c) Article 5;

(d) Article 7;

(e) Annexes 6 to 9.

Application of Commission Delegated Regulation (EU) 2019/2016

31.—(1) The provisions of Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010 specified in paragraphs (3) and (4) apply as if they were provisions of retained direct EU legislation.

(2) For the purposes of paragraph (1), the provisions specified in paragraphs (3) and (4) apply—

(a) from the dates specified in those paragraphs, and

(b) in accordance with the modifications in Schedule 3.

(3) The following provisions apply from IP completion day—

(a) Article 1;

(b) Article 2;

(c) Article 3(2);

(d) Article 6;

(e) Annexes 1 to 5.

(4) The following provisions apply from 1 March 2021—

(a) Article 3(1) (d) to (h);

(b) Article 4;

(c) Article 5;

(d) Article 7;

(e) Annexes 6 to 9.

Application of Commission Delegated Regulation (EU) 2019/2017

32.—(1) The provisions of Commission Delegated Regulation (EU) 2019/2017 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household dishwashers and repealing Commission Delegated Regulation (EU) No 1059/2010 specified in paragraphs (3) and (4) apply as if they were provisions of retained direct EU legislation.

(2) For the purposes of paragraph (1), the provisions specified in paragraphs (3) and (4) apply—

(a) from the dates specified in those paragraphs, and

(b) in accordance with the modifications in Schedule 4.

(3) The following provisions apply from IP completion day—

(a) Article 1;

(b) Article 2;

(c) Article 3(2);

(d) Article 6;

(e) Annexes 1 to 5.

(4) The following provisions apply from 1 March 2021—

(a) Article 3(1) (d) to (h);

(b) Article 4;

(c) Article 5;

(d) Article 7;

(e) Annexes 6 to 9.

PART 7 AMENDMENT OF COMMISSION DELEGATED REGULATIONS RELATED TO ENERGY LABELLING

Amendment of Commission delegated regulations related to energy labelling

33.  The Commission delegated regulations specified in Schedule 5 are amended in accordance with the provisions of that Schedule.

Regulation 29

SCHEDULE 1 Modifications to Commission Delegated Regulation (EU) 2019/2013 (energy labelling of electronic displays)

PART 1 General

1.  The modifications to Commission Delegated Regulation (EU) 2019/2013 are as follows.

2.  In Article 1 (subject matter and scope), paragraph 2 is to be read as if—

(a) in subparagraph (f), for the words from “Directive” to the end there were substituted “the Waste Electrical and Electronic Equipment Regulations 2013( 18)”;

(b) in subparagraph (g), for “ Directive 2009/125/EC” there were substituted “the Ecodesign for Energy-Related Products Regulations 2010”.

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 (16)—

(i) for subparagraph (a), there were substituted “the Medical Devices Regulations 2002( 19)”;

(ii) subparagraphs (c) and (d) were omitted;

(c) at the end there were inserted—

“(21)  “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( 20) . ”.

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

“made available for inspection in accordance with Article 4(2) of the Framework Regulation( 21) ”.

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 for the purposes of the annexes) is to be read as if—

(a) in point (14)(2), for the words from “Directive” to the end there were substituted “the Electromagnetic Compatibility Regulations 2016( 22)”;

(b) in point (23), for “in the public part of the product database” there were substituted “on a publicly accessible website”.

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( 23)”.

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 4 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”;

(c) in Table 4, the entries in the final column for items 3 and 5 were omitted.

11.  In Annex 6 (technical documentation), paragraph (2) 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 accessible 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) point 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; ”.

Regulation 30

SCHEDULE 2 Modifications to Commission Delegated Regulation (EU) 2019/2014 (energy labelling of household washing machines and washer-dryers)

PART 1 General

1.  The modifications to Commission Delegated Regulation (EU) 2019/2014 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( 24)”.

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 paragraphs (3) and (4), for the words from “ Directive 2014/35/EU” to the end there were substituted “the Electrical Equipment (Safety) Regulations 2016( 25) or the Radio Equipment Regulations 2017( 26)”;

(c) at the end there were inserted—

“(10)  “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( 27)”.

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 point (7), for “in the public part of the product database” there were substituted “on a publicly accessible website”;

(b) in point (23)(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 following provisions are to be read as if for the words from “harmonised standards” to “Union” there were substituted “designated standards”—

(a) the first paragraph;

(b) paragraphs 3 to 5;

(c) paragraphs 8 and 10.

10.  In Annex 5 (product information sheet)—

(a) paragraph 1 is to be read as if—

(i) for the first subparagraph, there were substituted—

“Pursuant to point (1)(b) of Article 3, the supplier must enter the information set out in Table 5 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. ”;

(ii) in the second subparagraph, for “in the product database” there were substituted “on that publicly accessible website”;

(b) paragraph 2 is to be read as if—

(i) for the first subparagraph, there were substituted—

“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. ”;

(ii) in the second subparagraph, for “in the product database” there were substituted “on that publicly accessible website”.

11.  In Annex 6 (technical documentation), paragraphs 1(c) and 2(c) are 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 accessible 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 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) point 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.  Subparagraph 1(1) of paragraph A (label for household washing machines) is to be read as if for the label image there were substituted the following image—

17.  Subparagraph 2 of paragraph A (label design for household washing machines) 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; ”.

18.  Subparagraph 1(1) of paragraph B (label for household washer-dryers) is to be read as if for the label image there were substituted the following image—

19.  Subparagraph 2 of paragraph B (label design for household washer-dryers) 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; ”.

Regulation 31

SCHEDULE 3 Modifications to Commission Delegated Regulation (EU) 2019/2016 (energy labelling of refrigerating appliances)

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”.

PART 2 Modifications to Annex 3 (labels)

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

14.  Subparagraph 1(1) (label for refrigerating appliances, except for wine storage appliances) is to be read as if for the label image there were substituted the following image—

15.  Subparagraph 2(1) (label for wine storage appliances) is to be read as if for the label image there were substituted the following image—

16.  Paragraph 3 (label design) is to be read as if—

(a) for the label image in subparagraph 3(1) (label design for refrigerating appliances, except for wine storage appliances) there were substituted the following image—

(b) for the label image in subparagraph 3(2) (label design for wine storage appliances) there were substituted the following image—

(c) in paragraph (f) of subparagraph 3(3), 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; ”.

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; ”.

Regulation 33

SCHEDULE 5 Commission delegated regulations related to energy labelling: updated labels

1.  The Commission delegated regulations related to energy labelling specified in this Schedule are amended as follows.

2.—(1) In Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of household dishwashers, Annex 1 (label) is amended as follows.

(2) In paragraph 1 (label), for the label image, substitute the following image—

(3) In paragraph 2 (label design)—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7.

3.—(1) In, Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances, Annex 2 (label) is amended as follows.

(2) In paragraph 1 (label for household refrigerating appliances classified in energy efficiency classes A+++ to C), for the label image substitute the following image—

(3) In paragraph 2 (label for household refrigerating appliances classified in energy efficiency classes D to G), for the label image substitute the following image—

(4) In paragraph 3—

(a) for the label image in subparagraph (1), substitute the following image—

(b) in subparagraph (1)(d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7;

(c) for the label image in subparagraph (2), substitute the following image—

(d) for the label image in subparagraph (3), substitute the following image—

(e) in subparagraph (3)(d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7.

4.—(1) In Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of household washing machines, Annex 1 (label) is amended as follows.

(2) In paragraph 1 (label), for the label image, substitute the following image—

(3) In paragraph 2 (label design)—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7.

5.—(1) In Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of televisions, Annex 5 (label) is amended as follows.

(2) In paragraph 4 (label 4), for the label image, substitute the following image—

(3) In paragraph 5—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7.

6.—(1) In Commission Delegated Regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of air conditioners, Annex 3 (the label) is amended as follows.

(2) In paragraph 1.4 (reversible air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(3) In paragraph 1.5 (label design), for the label image, substitute the following image—

(4) In paragraph 2.4 (cooling-only air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(5) In paragraph 2.5 (label design), for the label image, substitute the following image—

(6) In paragraph 3.4 (heating-only air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(7) In paragraph 3.5 (label design), for the label image, substitute the following image—

(8) In paragraph 4.1 (reversible double duct air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(9) In paragraph 4.2 (label design), for the label image, substitute the following image—

(10) In paragraph 4.3 (cooling-only double duct air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(11) In paragraph 4.4 (label design), for the label image, substitute the following image—

(12) In paragraph 4.5 (heating-only double duct air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(13) In paragraph 4.6 (label design), for the label image, substitute the following image—

(14) In paragraph 5.1 (reversible single duct air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(15) In paragraph 5.2 (label design), for the label image, substitute the following image—

(16) In paragraph 5.3 (cooling-only single duct air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(17) In paragraph 5.4 (label design), for the label image, substitute the following image—

(18) In paragraph 5.5 (heating-only single duct air conditioners classified in energy efficiency classes A+++ to D), for the label image, substitute the following image—

(19) In paragraph 5.6 (label design), for the label image, substitute the following image—

(20) In each of subparagraphs 1.5(iv), 2.5(iv), 3.5(iv), 4.2(iv), 4.4(iv), 4.6(iv), 5.2(iv), 5.4(iv) and 5.6(iv)—

(a) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(b) in point 3, for “EU logo” substitute “UK flag”.

7.—(1) In Commission Delegated Regulation (EU) No 392/2012 of 1 March 2012 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of household tumble driers, Annex 1 (label) is amended as follows.

(2) In paragraph 1 (label for air-vented household tumble dryer), for the label image, substitute the following image—

(3) In paragraph 2 (label for condenser household tumble dryer), for the label image, substitute the following image—

(4) In paragraph 3 (label for gas-fired household tumble dryer), for the label image, substitute the following image—

(5) In paragraph 4 (label design)—

(a) in subparagraph 4.1, for the label image, substitute the following image—

(b) in subparagraph 4.2, for the label image, substitute the following image--

(c) in subparagraph 4.3 for the label image, substitute the following image—

(d) in each of subparagraphs 4.1(d), 4.2(d) and 4.3(d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7.

8.—(1) In Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EUof 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, Annex 3 (the labels) is amended as follows.

(2) In paragraph 1.2.1 (boiler space heaters in seasonal space heating energy efficiency classes A+++ to D), for the label image substitute the following image—

(3) In paragraph 1.2.2 (cogeneration space heaters in seasonal space heating energy efficiency classes A+++ to D), for the label image substitute the following image—

(4) In paragraph 1.2.3 (heat pump space heaters, except low-temperature heat pumps, in seasonal space heating energy efficiency classes A+++ to D), for the label image substitute the following image—

(5) In paragraph 1.2.4 (low-temperature heat pumps in seasonal space heating energy efficiency classes A+++ to D), for the label image substitute the following image—

(6) In paragraph 2.2.1 (boiler combination heaters in seasonal space heating energy efficiency classes A+++ to D and in water heating energy efficiency classes A+ to F), for the label image substitute the following image—

(7) In paragraph 2.2.2 (heat pump combination heaters in seasonal space heating energy efficiency classes A+++ to D and in water heating energy efficiency classes A+ to F), for the label image substitute the following image—

(8) In paragraph 3 (packages of space heater, temperature control and solar device), for the label image substitute the following image—

(9) In paragraph 4 (packages of combination heater, temperature control and solar device), for the label image substitute the following image—

(10) In paragraph 5 (label design for boiler space heaters), for the label image substitute the following image—

(11) In paragraph 6 (label design for cogeneration space heaters), for the label image substitute the following image—

(12) In paragraph 7 (label design for heat pump space heaters), for the label image substitute the following image—

(13) In paragraph 8 (label design for low temperature heat pumps), for the label image substitute the following image—

(14) In paragraph 9 (label design for boiler combination heaters), for the label image substitute the following image—

(15) In paragraph 10 (label design for heat pump combination heaters), for the label image substitute the following image—

(16) In paragraph 11 (label design for packages of space heater, temperature control and solar device), for the label image substitute the following image—

(17) In paragraph 12 (label design for packages of combination heater, temperature control and solar device), for the label image substitute the following image—

(18) In each of subparagraphs 5(d), 6(d), 7(d), 8(d), 9(d), 10(d), 11(d) and 12(d)—

(a) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(b) in point 3, for “EU logo” substitute “UK flag”.

9.—(1) In Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EUof 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, Annex 3 (the labels) is amended as follows.

(2) In paragraph 1.2.1 (conventional water heaters in water heating energy efficiency classes A+ to F), for the label image substitute the following image—

(3) In paragraph 1.2.2 (solar water heaters in water heating energy efficiency classes A+ to F), for the label image substitute the following image—

(4) In paragraph 1.2.3 (heat pump water heaters in water heating energy efficiency classes A+ to F), for the label image substitute the following image—

(5) In paragraph 2.2 (hot water storage tanks in energy efficiency classes A+ to F), for the label image substitute the following image—

(6) In paragraph 3 (packages of water heater and solar device in energy efficiency classes A+++ to G), for the label image substitute the following image—

(7) In paragraph 4 (label design for conventional water heaters), for the label image substitute the following image—

(8) In paragraph 5 (label design for solar water heaters), for the label image substitute the following image—

(9) In paragraph 6 (label design for heat pump water heaters), for the label image substitute the following image—

(10) In paragraph 7 (label design for hot water storage tanks), for the label image substitute the following image—

(11) In paragraph 8 (label design for packages of water heater and solar device), for the label image substitute the following image—

(12) In each of subparagraphs 4(d), 5(d), 6(d), 7(d) and 8(d)—

(a) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(b) in point 3, for “EU logo” substitute “UK flag”.

10.—(1) In Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires, paragraph 1 of Annex 1 (label for electrical lamps presented at point of sale) is amended as follows.

(2) In subparagraph (1), for the label image, substitute the following image—

(3) In subparagraph (3), for the label images, substitute the following images—

(4) In subparagraph (4)—

(a) for the label image, substitute the following image—

(b) in paragraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

11.—(1) In Commission Delegated Regulation (EU) No 65/2014 of 1 October 2013 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to the energy labelling of domestic ovens and range hoods, Annex 3 (the label) is amended as follows.

(2) In subparagraph 1.1.1 (label presentation for each cavity of a domestic electric oven), for the label image, substitute the following image—

(3) In subparagraph 1.1.3 (label design - domestic electric ovens)—

(a) for the label image, substitute the following image—

(b) in in subparagraph 1.1.3(iv)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

(4) In subparagraph 1.2.1 (label presentation for each cavity of a domestic gas oven), for the label image, substitute the following image—

(5) In subparagraph 1.2.3 (label design - domestic gas ovens)—

(a) for the label image, substitute the following image—

(b) in in subparagraph 1.2.3(iv)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

(6) In subparagraph 2.1.4 (label for domestic range hoods in energy efficiency classes A+++ to D (label 4)), for the label image, substitute the following image—

(7) in subparagraph 2.3 (label design - domestic range hoods)—

(a) for the label image, substitute the following image—

(b) in subparagraph 2.3(iv)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

12.—(1) In Commission Delegated Regulation (EU) No 1254/2014 of 11 July 2014 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to energy labelling of residential ventilation units, Annex 3 (the label) is amended as follows.

(2) In paragraph 1 (label for UVUs marketed after 1 January 2016), for the label image, substitute the following image—

(3) In paragraph 2 (label for BVUs marketed after 1 January 2016), for the label image, substitute the following image—

(4) In paragraph 3 (design of the labels)—

(a) for the label image, substitute the following image—

(b) in the final subparagraph—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

13.—(1) In Commission Delegated Regulation (EU) No 2015/1094 of 5 May 2015 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to the energy labelling of professional refrigerated storage cabinets, Annex 3 (labels) is amended as follows.

(2) In paragraph 2 (professional refrigerated storage cabinets in energy efficiency classes A+++ to G), for the label image, substitute the following image—

(3) In paragraph 3 (design of the label)—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”;

(iii) omit point 7.

14.—(1) In Commission Delegated Regulation (EU) No 2015/1186 of 24 April 2015 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to the energy labelling of local space heaters, Annex 3 (the label) is amended as follows.

(2) In paragraph 1 (local space heaters), for the label image, substitute the following image—

(3) In paragraph 2 (the design of the label)—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

15.—(1) In Commission Delegated Regulation (EU) No 2015/1187 of 27 April 2015 supplementing Directive 2010/30/EUof the European Parliament and of the Council with regard to the energy labelling of solid fuel boilers and packages of a solid fuel boiler, Annex 3 (the labels) is amended as follows.

(2) In paragraph 1.2 (label 2), for the label image, substitute the following image—

(3) In paragraph 2 (packages of a solid fuel boiler, etc.), for the label image, substitute the following image—

(4) In paragraph 3 (design of the label for solid fuel boilers)—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

(5) In paragraph 4 (design of the label for packages of a solid fuel boiler)—

(a) for the label image, substitute the following image—

(b) in subparagraph (d)—

(i) for point 2, substitute—

“UK flag: colours—

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

• the red crosses: 00,100,81,4

• the remaining part: 100% white; ”;

(ii) in point 3, for “EU logo” substitute “UK flag”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C(1) of the European Union (Withdrawal) Act 2018 (c. 16)in order to (a) address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (ea) and (g) of that Act) arising from the withdrawal of the UK from the European Union, and (b) implement the Protocol on Ireland/Northern Ireland in the Withdrawal Agreement (“the Protocol”).

The Regulations make amendments to legislation in the field of ecodesign and energy labelling for energy-related products. Part 2 amends the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (“the No.1 Regulations”) in order to (a) take account of developments in retained direct EU legislation since that instrument was made, and (b) make amendments consequential on the Protocol; in particular, it provides that the amendments made to EU-derived domestic legislation by the No.1 Regulations will apply only in Great Britain, and for the circumstances in which qualifying Northern Ireland goods will have access to the market in Great Britain.

Part 3 makes amendments to the Ecodesign for Energy-related Products Regulations 2010 in respect of Northern Ireland only; it specifies the requirements for affixing the UK(NI) conformity marking to products to which the regulations apply.

Part 4 amends various Commission Regulations relating to ecodesign. Parts 5 and 7 amend various Commission Delegated Regulations relating to energy labelling; Part 5 also revokes a number of Regulations with effect from 1 March 2021.

Part 6 provides for specified provisions of Commission Delegated Regulations relating to energy labelling to have effect in Great Britain as if they were retained direct EU legislation. The specified Regulations contain some provisions which apply before the end of the Implementation Period (and so are retained EU law), and some which apply from a later date. The effect of the amendments is to treat the whole of the specified Regulations as retained EU law.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.