Regulation 23 Modifications to Annexes 1, 2 and 8 of the DirectiveF1

(1)

The modifications referred to in paragraphs (3)(a), (4)(c), (7)(a), (c) and (g) of regulation 22 are as follows—

(a)

Annexes 1, 2 and 8 to the Directive are to be read as if the definitions in regulation 2 of these Regulations apply and prevail over any conflicting definitions in the Directive.

(b)

Annex 1 to the Directive is to be read as if—

(i)

before Part 1—

(aa)

in the first paragraph, the words from “The Commission must” to the end were omitted; and

(bb)

in the second paragraph, for the words from “Article 15” to the end there were substituted “ regulation 22 of the Ecodesign for Energy-Related Products Regulations 2010, the Secretary of State must identify, as appropriate to the product covered by the implementing measure, the relevant ecodesign parameters from among those listed in Part 1 and the requirements for the manufacturer listed in Part 3 ”;

(ii)

in Part 1—

(aa)

in paragraph 1.2(e), for “Directive 2002/96/EC” there were substituted “ the Waste Electrical and Electronic Equipment Regulations 2013 ”; and

(bb)

for paragraph 1.3(d), there were substituted—

“(d)
use of substances classified as hazardous to health or the environment according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, and taking into account legislation on the marketing and use of specific substances, such as—
(i)
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC;
(ii)
the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012; and”; and

(cc)

in paragraph 1.3(k), for the words from “Directive 97/68/EC” to the end there were substituted “Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC”;

(iii)

Part 2 were omitted; and

(iv)

in Part 3, in the second subparagraph of paragraph 2, for “the Commission”, there were substituted “ the Secretary of State ”;

(c)

Annex 2 to the Directive is to be read as if—

(i)

before paragraph 1, in the second subparagraph—

(aa)

for “Article 15, the Commission” there were substituted “ regulation 22 of the Ecodesign for Energy-Related Products Regulations 2010, the Secretary of State ”; and

(bb)

the words from “in accordance” to “Article 19(2),” were omitted;

(ii)

in the fifth subparagraph of paragraph 1, for “data provided from the European Central Bank” there were substituted “ relevant data ”; and

(iii)

paragraph 2 were omitted;

(d)

Annex 8 to the Directive is to be read as if—

(i)

before paragraph 1, for the unnumbered paragraph, there were substituted—

“In addition to the basic legal requirement that self-regulatory initiatives must comply with all applicable domestic and international rules, the following non-exhaustive list of indicative criteria may be used to evaluate whether a self-regulatory initiative may be considered by the Secretary of State as an alternative to an implementing measure—”;

(ii)

in paragraph 5, in the second subparagraph, “Member States,” were omitted;

(iii)

in paragraph 6, in the first subparagraph—

(aa)

for “Commission services”, there were substituted “ Secretary of State ”;

(bb)

after “objectives”, there were inserted “ in the Great Britain context ”;

(iv)

in paragraph 6, in the second subparagraph, the words from “It must” to the end were omitted; and

(v)

in paragraph 8, for “the policy objectives of this Directive” there were substituted “ relevant ecodesign policy objectives ”.

(2)

The modifications referred to in regulation 22(7)(d)(ii) to Annex 2 of the Decision, as it had effect immediately before IP completion day, are that Annex 2 is to be read as if—

(a)

the definitions in regulation 2 of these Regulations apply and prevail over any conflicting definitions in the Decision;

(b)

in each instance—

(i)

for “EC design examination certificate”, there were substituted “ design examination certificate ”;

(ii)

for “EC-type examination”, there were substituted “ type-examination ”;

(iii)

for “harmonised standards” there were substituted “ designated standards ”;

(iv)

for “its notifying authorities” and “the notifying authorities”, there were substituted “ the Secretary of State ”;

(v)

references to a “notified body” were references to an “approved body”;

(vi)

for “the national authorities”, “relevant authorities” and “relevant national authorities”, there were substituted “the Secretary of State”; and

(vii)

the words “the references of which have been published in the Official Journal of the European Union”, were omitted; and

(c)

in the description of “Module B”, in the third paragraph of point 8—

(i)

for “The Commission, the Member States”, there were substituted “ The Secretary of State ”; and

(ii)

for “the Commission and the Member States”, there were substituted “ the Secretary of State ”;

(d)

in the description of “Module H1”, in the third paragraph of point 4.5—

(i)

for “The Commission, the Member States”, there were substituted “ The Secretary of State ”; and

(ii)

for “the Commission and the Member States”, there were substituted “ the Secretary of State ”; and

(e)

in the heading to the Table, “Community” were omitted; and

(f)

in the Table—

(i)

for “national authorities” there were substituted “ the Secretary of State ”; and

(ii)

for “EC-design examination certificate” there were substituted “ design examination certificate ”.

Annotations

Textual amendments

F1: Pt. 8 (regs. 22-24) inserted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 1 para. 12 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(1)(2)(a)(3)(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)