46Transition of listing of products listed by old product category number subject to ESC determination

46 Transition of listing of products listed by old product category number subject to ESC determination

(1) On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 4 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 4

| Schedule 5 | 5A | | Schedule 6 | 5A | | Schedule 7 | 7A | | Schedule 8 | 7A | | Schedule 9 | 9A | | Schedule 10 | 10A | | Item 15G | 15G | | Schedule 20 | 5A | | Item 21A | 21A | | Item 21B | 21B | | Item 21C | 21C | | Item 21D | 21D | | Item 21E | 21E | | Item 21F | 21F | | Schedule 23 | 23A | | Schedule 26 | 26A | | Item 34C | 34B |

(2) On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 5 that relates to a class of lighting set out in column 3 of that row in that Table is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.

Table 5

| Column 1<br>Old product category number | Column 2<br>New product category number | Column 3 <br>Class of lighting | | Item 34B | 27A | Public lighting | | Item 34B | 34A | Building based lighting (other than public lighting) | | Item 34B | 35A | Non building based lighting (other than public lighting) | | Item 34D | 27B | Public lighting | | Item 34D | 34C | Building based lighting (other than public lighting) | | Item 34D | 35B | Non building based lighting (other than public lighting) |

(3) The ESC may remove a product to which this regulation applies from the new ESC register.

(4) In deciding whether to remove a product from the new ESC register, the ESC must have regard to the following—

(a) whether the product meets the criteria applying to the product category for which the product is taken to be listed;

(b) how closely the product meets the minimum energy efficiency criteria of the new Regulations;

(c) the extent of any change to the standards used to determine the energy efficiency of a product from the Standards used to determine the energy efficiency of the product under the old Regulations;

(d) whether the process for measuring the energy efficiency of a product is more stringent or less stringent than the process for measuring the energy efficiency of the product under the old Regulations.

(5) Nothing in this regulation requires the ESC to remove a product to which this regulation applies from the new ESC register only because the product does not comply with the criteria applying to a product category.