# The Ecodesign for Energy-Related Products Regulations 2010, Regulation 23: Modifications to Annexes 1, 2 and 8 of the Directive


(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 ”.

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Source: https://www.legislation.gov.uk/uksi/2010/2617/regulation/23 (the official version)
Page: https://openlegislation.uk/ecodesign-for-energy-related-products-regulations-2010/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.