Regulation (EU) 2017/1369 of the European Parliament and of the CouncilShow full title

[F1 Article 11 U.K. Power of the Secretary of State to introduce and rescale labels

1. The Secretary of State may, by regulations, make a product-specific measure to introduce labels for a product group if the Secretary of State is satisfied that the product group meets the following criteria—

(a) according to the most recently available figures and considering the quantities placed on the market of Great Britain, the product group has significant potential for saving energy and where relevant, other resources;

(b) within the product group, models with equivalent functionality differ significantly in the relevant performance levels;

(c) the introduction of energy labelling requirements for the product group has no significant negative impacts as regards the affordability and the life cycle cost of the product group; and

(d) the introduction of energy labelling requirements for the product group has no significant negative impact on the functionality of the product during use.

2. The Secretary of State must consult such persons as the Secretary of State considers appropriate before making a product-specific measure to introduce a label.

3. Where—

(a) the Secretary of State is satisfied that the conditions in paragraph 1(a) to (d) are met; and

(b) a label is required by a delegated act which came into force on or before 1st August 2017,

the Secretary of State must make a product-specific measure to rescale the label in order to ensure a homogenous A to G scale, with the aim of displaying the rescaled label both in shops and online within 18 months of the date of entry into force of the product-specific measure.

4. When determining the order of labels to be rescaled in accordance with paragraph 3, the Secretary of State must take into account the proportion of products in the highest classes.

5. The Secretary of State may make a product-specific measure to rescale a label introduced in accordance with paragraph 1, or to further rescale a label rescaled in accordance with paragraph 3—

(a) where the conditions under point (a) or (b) of paragraph 6 are met; and

(b) following consultation carried out in accordance with paragraph 7.

6. The Secretary of State must review a label introduced in accordance with paragraph 1 or rescaled in accordance with paragraph 3 with a view to rescaling if the Secretary of State estimates that—

(a) 30% of the units of models belonging to a product group sold within the market of Great Britain fall into the top energy efficiency class A and further technological development can be expected; or

(b) 50% of the units of models belonging to a product group sold within the market of Great Britain fall into the top two energy efficiency classes A and B and further technological development can be expected.

7. The Secretary of State must consult such persons as the Secretary of State considers appropriate within 36 months of estimating that the conditions referred to in point (a) or (b) of paragraph 6 are met, and such consultation must include—

(a) publication of the outcome of the review referred to in paragraph 6; and

(b) where appropriate, a draft product-specific measure.

8. If, for a specific product group, the conditions of point (a) or (b) of paragraph 6 are not met within eight years after the date of entry into force of the relevant delegated act, the Secretary of State must identify which barriers, if any, have prevented the label from fulfilling its role.

9. Where a label is introduced or rescaled, the Secretary of State must ensure that—

(a) no products are expected to fall into energy efficiency class A at the moment of the introduction of the label and the estimated time within which a majority of models are expected to fall into that class is at least 10 years later; or

(b) where technology is expected to develop more rapidly than described in subparagraph (a), no products are expected to fall into energy efficiency classes A and B at the moment of the introduction of the label.

10. Where a product-specific measure introduces or rescales a label, the product-specific measure—

(a) must require a class to be shown on the label of new product units in grey, as specified in the product-specific measure where the product units belong to a product group in which models belonging to energy efficiency class E, F or G are no longer allowed to be placed on the market or put into service because of an implementing measure within the meaning given in the Ecodesign for Energy-Related Products Regulations 2010; and

(b) by way of derogation from point (19) of Article 2, may require fewer energy efficiency classes to be shown on the label, if for technical reasons it is impossible to define seven energy efficiency classes that correspond to significant energy and cost savings from a customer's perspective, and provided that the dark green to red spectrum of the label is retained.]

Textual Amendments

F1 Arts. 11-11B substituted for Art. 11 (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. 4 para. 11 (as amended by S.I. 2020/1528, regs. 1(2), 9(d)); 2020 c. 1, Sch. 5 para. 1(1)