The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1528 |
| Year | 2020 |
2020 No. 1528
Exiting The European Union
Energy Conservation
The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020
Made 14th December 2020
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
A draft of this instrument was laid before Parliament in accordance with paragraph 8F(1) of Schedule 7 to that Act and approved by a resolution of each House of Parliament.
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 20192are 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)
(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)
(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)
(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)
(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)
(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)
(c) paragraph 3 of Schedule 3 (amendments to the Energy Information Regulations 2011);
(d)
(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)
(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—
(a) is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or
(b) is 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;”;
(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)
(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)
(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)
(a) the product is to be treated as being in conformity with Part 2; and
(b)
(b) the relevant economic operator3is 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)
(a) an energy-related product is—
in conformity with Part 2 of these Regulations as they apply in Northern Ireland; and
qualifying Northern Ireland goods; and
(b)
(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)
“(ba) for “the Community”, in the first four places it occurs, there were substituted “Great Britain”;”;
(iii) after paragraph 4(e) insert—
“(f)
“(f) in paragraph 9, for...
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