Article 79. 1 point (b) of the ESPR Regulation (EU) 2024/1718 (the ESPR Regulation) lists those provisions of the Ecodesign Directive 2009/125 that remain in force so as to ensure the full implementation of existing ecodesign measures, until these implementing measures are repealed or declared obsolete. Article 5 and Annex IV on declaration of conformity are part of the list of provisions of the ED 2009/125 mentioned under point b) which are not repealed by ESPR and keep all their force in order to ensure proper functionning of ecodesign measures adopted pursauant to Article 15 of the ED 2009/125. On this point Article 5 of the ED e indicates that the appropriate implementing measure is to be referred in the DoC so no reference to the framework is to be part of the DoC.
Article 79.1 of the ESPR regulation includes a specific paragraph that addresses specifically the fact that also those measures to be adopted pursuant to Article 15 of the ED 2009/125 during the transitional period, are once adopted, functioning fully in the frame of those Ecodesign Directive provisions identified in point b). It says the following:
'Point b) of this paragraph shall apply once the Commission has adopted implementing measures pursuant to Article 15 of the Ecodesign Directive 2009/125 for products under points (a)(i) and (ii)".
This means in particular that for products regulated in the transitional period the appropriate implementing measure under the Ecodesign Directive 2009/125 is the one to be mentioned in the DoC.
On the other hand, for products regulated by ESPR delegated acts adopted pursuant to its Article 4, Article 44 on the "EU declaration of conformity" and Annex V to the ESPR apply. The first ones will be adopted not before 2026.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.