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having regard to the draft Commission regulation amending Regulations (EU) 2019/424, (EU) 2019/1781, (EU) 2019/2019, (EU) 2019/2020, (EU) 2019/2021, (EU) 2019/2022, (EU) 2019/2023 and (EU) 2019/2024 with regard to ecodesign requirements for servers and data storage products, electric motors and variable speed drives, refrigerating appliances, light sources and separate control gears, electronic displays, household dishwashers, household washing machines and household washer-dryers and refrigerating appliances with a direct sales function (D069494/02,

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having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (1), and in particular Article 15 thereof,

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having regard to the opinion delivered on 11 November 2020 by the committee referred to in Article 19(1) of Directive 2009/125/EC,

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having regard to the Commission’s letter of 14 December 2020 asking Parliament to declare that it will raise no objections to the draft Commission regulation,

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having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 28 January 2021,

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having regard to Article 5a(3) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

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having regard to Rule 112(4)(d) and Rule 111(6) of its Rules of Procedure,

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having regard to the recommendation for a decision of the Committee on the Environment, Public Health and Food Safety,

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having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 111(6) of its Rules of Procedure, which expired on 9 February 2021,

A.

whereas, on 5 December 2020, the Commission transmitted to Parliament the draft Commission regulation, which opened the scrutiny period for Parliament to object to that regulation;

B.

whereas, in 2019, the Commission adopted Regulations (EU) 2019/424 (3), (EU) 2019/1781 (4), (EU) 2019/2019 (5), (EU) 2019/2020 (6), (EU) 2019/2021 (7), (EU) 2019/2022 (8), (EU) 2019/2023 (9) and (EU) 2019/2024 (10) (the ‘amended Regulations’) with regard to ecodesign requirements for servers and data storage products, electric motors and variable speed drives, refrigerating appliances, light sources and separate control gears, electronic displays, household dishwashers, household washing machines and household washer-dryers and refrigerating appliances with a direct sales function;

C.

whereas technical issues were discovered, which would jeopardise the proper implementation of the amended Regulations once they start to apply in 2021; whereas the Commission has therefore prepared a draft regulation to address those technical issues and to clarify and align certain provisions in the amended Regulations; whereas, inter alia, the draft Commission regulation provides for a common definition of ‘declared value’, to clarify the values to be provided to market surveillance authorities for the purpose of compliance verification and in particular physical testing;

D.

whereas the draft Commission regulation should enter into force by 1 March 2021, so that the amendments to the amended Regulations start to apply on the same date as most of the amended Regulations;

E.

whereas the present decision is granted as an exceptional measure in order to avoid a period of legal uncertainty for the stakeholders that need to comply with the requirements set out in the amended Regulations;

1.

2.