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1.This Regulation lays down a framework that applies to energy-related products (‘products’) placed on the market or put into service. It provides for the labelling of those products and the provision of standard product information regarding energy efficiency, the consumption of energy and of other resources by products during use and supplementary information concerning products, thereby enabling customers to choose more efficient products in order to reduce their energy consumption.
2.This Regulation does not apply to:
(a)second-hand products, unless they are imported from [F1outside Great Britain];
(b)means of transport for persons or goods.
Textual Amendments
F1Words in Art. 1(2)(a) substituted (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. 2 (as amended by S.I. 2020/1528, regs. 1(2), 6(3)(4)(d)(i)); 2020 c. 1, Sch. 5 para. 1(1)
For the purposes of this Regulation the following definitions apply:
‘energy-related product’ or ‘product’ means a good or system with an impact on energy consumption during use which is placed on the market or put into service, including parts with an impact on energy consumption during use which are placed on the market or put into service for customers and that are intended to be incorporated into products;
‘product group’ means a group of products which have the same main functionality;
‘system’ means a combination of several goods which when put together perform a specific function in an expected environment and of which the energy efficiency can then be determined as a single entity;
‘model’ means a version of a product of which all units share the same technical characteristics relevant for the label and the product information sheet and the same model identifier;
‘model identifier’ means the code, usually alphanumeric, which distinguishes a specific product model from other models with the same trade mark or the same supplier's name;
‘equivalent model’ means a model which has the same technical characteristics relevant for the label and the same product information sheet, but which is placed on the market or put into service by the same supplier as another model with a different model identifier;
‘making available on the market’ means the supply of a product for distribution or use on [F2the market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge;
[F3‘placing on the market’ means the first making available of a product on the market of Great Britain, and related expressions must be construed accordingly;]
[F4‘putting into service’ means the first use of a product for its intended purpose on the market of Great Britain];
‘manufacturer’ means a natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under its name or trademark;
‘authorised representative’ means a natural or legal person established in [F5Great Britain] who has received a written mandate from the manufacturer to act on its behalf in relation to specified tasks;
[F6““importer” means a person who—
is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or
is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]
‘dealer’ means a retailer or other natural or legal person who offers for sale, hire, or hire purchase, or displays products to customers or installers in the course of a commercial activity, whether or not in return for payment;
[F7“supplier” means a manufacturer established in Great Britain, the authorised representative of a manufacturer who is not established in Great Britain, or an importer, who places a product on the market;]
‘distance selling’ means the offer for sale, hire or hire purchase by mail order, catalogue, internet, telemarketing or by any other method by which the potential customer cannot be expected to see the product displayed;
‘customer’ means a natural or legal person who buys, hires or receives a product for own use whether or not acting for purposes which are outside its trade, business, craft or profession;
‘energy efficiency’ means the ratio of output of performance, service, goods or energy to input of energy;
[F8‘designated standard’ has the meaning given to it by regulation 2A of the Ecodesign for Energy-Related Products Regulations 2010;]
‘label’ means a graphic diagram, either in printed or electronic form, including a closed scale using only letters from A to G, each letter representing a class and each class corresponding to energy savings, in seven different colours from dark green to red, in order to inform customers about energy efficiency and energy consumption; it includes rescaled labels and labels with fewer classes and colours in accordance with [F9Article 11(10)(a) and (b)];
‘rescaling’ means an exercise making the requirements for achieving the energy class on a label for a particular product group more stringent;
‘rescaled label’ means a label for a particular product group that has undergone rescaling and is distinguishable from labels before rescaling while preserving a visual and perceptible coherence of all labels;
‘product information sheet’ means a standard document containing information relating to a product, in printed or electronic form;
‘technical documentation’ means documentation sufficient to enable market surveillance authorities to assess the accuracy of the label and the product information sheet of a product, including test reports or similar technical evidence;
‘supplementary information’ means information, as specified in a delegated act, on the functional and environmental performance of a product;
F10...
‘verification tolerance’ means the maximum admissible deviation of the measurement and calculation results of the verification tests performed by, or on behalf of, market surveillance authorities, compared to the values of the declared or published parameters, reflecting deviation arising from interlaboratory variation;
[F11‘delegated act’ means a product-specific measure listed in column 2 of the table in Schedule 1 to the Energy Information Regulations 2011 or made by the Secretary of State under Article 11;]
[F12“market surveillance” and “market surveillance authority” have the meanings set out in Article 2 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation EEC No 339/93].
Textual Amendments
F2Words in Art. 2(7) substituted (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. 3(2) (as amended by S.I. 2020/1528, regs. 1(2), 9(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 2(8) substituted (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. 3(3) (as amended by S.I. 2020/1528, regs. 1(2), 9(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 2(9) substituted (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. 3(4) (as amended by S.I. 2020/1528, regs. 1(2), 9(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 2(11) substituted (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. 3(5) (as substituted by S.I. 2020/1528, regs. 1(2), 9(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 2(12) substituted (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. 3(6) (as substituted by S.I. 2020/1528, regs. 1(2), 9(a)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 2(14) substituted (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. 3(7) (as substituted by S.I. 2020/1528, regs. 1(2), 9(a)(v)); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 2(18) substituted (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. 3(8); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 2(19) substituted (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. 3(9); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 2(25) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 3(10); 2020 c. 1, Sch. 5 para. 1(1)
1.The supplier shall ensure that products that are placed on the market are accompanied, for each individual unit, free of charge, with accurate printed labels and with product information sheets in accordance with this Regulation and the relevant delegated acts.
F13...
Delegated acts may provide that the label is printed on the packaging of the product.
2.The supplier shall deliver printed labels, including rescaled labels in accordance with [F14Article 11B], and product information sheets, to the dealer free of charge, promptly and in any event within five working days upon the dealer's request.
3.The supplier shall ensure the accuracy of the labels and product information sheets that it provides and shall produce technical documentation sufficient to enable the accuracy to be assessed.
4.Once a unit of a model is in service, the supplier shall request explicit consent from the customer regarding any changes intended to be introduced to the unit by means of updates that would be detrimental to the parameters of the energy efficiency label for that unit, as set out in the relevant delegated act. The supplier shall inform the customer of the objective of the update and of the changes in the parameters, including any change in the label class. For a period proportionate to the average lifespan of the product, the supplier shall give the customer the option of refusing the update without avoidable loss of functionality.
5.The supplier shall not place on the market products that have been designed so that a model's performance is automatically altered in test conditions with the objective of reaching a more favourable level for any of the parameters specified in the relevant delegated act or included in any of the documentation provided with the product.
Textual Amendments
F13Words in Art. 3(1) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 4(2); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 3(2) substituted (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. 4(3); 2020 c. 1, Sch. 5 para. 1(1)
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[F172.Where units of models covered by a delegated act are placed on the market the supplier must make an electronic version of the technical documentation available for inspection within 10 days of a request received from market surveillance authorities.]
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F194.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.The [F20obligation referred to in paragraph 2] of this Article shall not apply to packages of heaters referred to in Commission Delegated Regulations (EU) No 811/2013(1), (EU) No 812/2013(2) and (EU) 2015/1187(3), where the provision of labels for those packages is the sole responsibility of the dealer.
[F216.After the final unit of a model has been placed on the market, the supplier shall keep the information concerning that model for a period of 15 years unless, where appropriate in relation to the average life span of a product, a shorter retention period is specified pursuant to Article 11A(4)(p).]
7.[F22For the purposes of paragraph 2, technical documentation includes but is not limited to—
(a)a general description of the model, sufficient for it to be unequivocally and easily identified;
(b)references to the designated standards applied or other measurement standards used;
(c)specific precautions that must be taken when the model is assembled, installed, maintained or tested;
(d)the measured technical parameters of the model;
(e)the calculations performed with the measured technical parameters;
(f)the conditions of testing that must be applied, if not described sufficiently in point (b);
(g)the model identifier of all equivalent models already placed on the market.
8.On request, suppliers must provide any data not specified in paragraph 7 to the market surveillance authorities which is necessary for those authorities to carry out their tasks under this Regulation].
Textual Amendments
F15Words in Art. 4 heading substituted (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. 5(2); 2020 c. 1, Sch. 5 para. 1(1)
F16Art. 4(1) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 5(3); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 4(2) substituted (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. 5(4); 2020 c. 1, Sch. 5 para. 1(1)
F18Art. 4(3) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 5(5); 2020 c. 1, Sch. 5 para. 1(1)
F19Art. 4(4) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 5(5); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 4(5) substituted (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. 5(6); 2020 c. 1, Sch. 5 para. 1(1)
1.The dealer shall:
(a)display, in a visible manner, including for online distance selling, the label provided by the supplier or made available in accordance with paragraph 2 for units of a model covered by the relevant delegated act; and
(b)make available to customers the product information sheet, including, upon request, in physical form at the point of sale.
2.Where, notwithstanding Article 3(1), the dealer does not have a label, it shall request one from the supplier in accordance with Article 3(2).
3.Where, notwithstanding Article 3(1), the dealer does not have a product information sheet, it shall request one from the supplier in accordance with Article 3(2) F23....
Textual Amendments
F23Words in Art. 5(3) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 6; 2020 c. 1, Sch. 5 para. 1(1)
The supplier and the dealer shall:
make reference to the energy efficiency class of the product and the range of the efficiency classes available on the label in visual advertisements or technical promotional material for a specific model in accordance with the relevant delegated act;
cooperate with market surveillance authorities and take immediate action to remedy any case of non-compliance with the requirements set out in this Regulation and the relevant delegated acts, which falls under their responsibility, at their own initiative or when required to do so by market surveillance authorities;
for products covered by delegated acts, not provide or display other labels, marks, symbols or inscriptions which do not comply with the requirements of this Regulation and the relevant delegated acts, if doing so would be likely to mislead or confuse customers with respect to the consumption of energy or other resources during use;
for products not covered by delegated acts, not supply or display labels which mimic the labels provided for under this Regulation and the relevant delegated acts;
for non-energy related products, not supply or display labels which mimic the labels provided for in this Regulation or in delegated acts.
Point (d) in the first subparagraph shall not affect labels provided for in national law, unless those labels are provided for in delegated acts.
1.[F25The Secretary of State must] not impede the placing on the market or putting into service, within [F26Great Britain], of products which comply with this Regulation and the relevant delegated acts.
2.Where [F27the Secretary of State provides] incentives for a product specified in a delegated act, those incentives shall aim at the highest two significantly populated classes of energy efficiency, or at higher classes as laid down in that delegated act.
3.[F28The Secretary of State must] ensure that the introduction of labels and rescaling of labels is accompanied by educational and promotional information campaigns on energy labelling, if appropriate in cooperation with suppliers and dealers. F29...
4.[F30The Secretary of State] [F31must] lay down the rules on penalties and enforcement mechanisms applicable to infringements of this Regulation and the delegated acts, and [F31must] take all measures necessary to ensure that they are implemented. The penalties provided for [F31must] be effective, proportionate and dissuasive. [F32Rules which immediately before IP completion day fulfil] the requirements of Article 15 of Directive 2010/30/EU shall be considered to fulfil the requirements of this paragraph as regards penalties.
F33...
Textual Amendments
F24Words in Art. 7 heading substituted (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. 7(2); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 7(1) substituted (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. 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Art. 7(1) substituted (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. 7(3)(b) (as amended by S.I. 2020/1528, regs. 1(2), 6(3)(4)(d)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F27Words in Art. 7(2) substituted (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. 7(4); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 7(3) substituted (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. 7(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in Art. 7(3) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F30Words in Art. 7(4) substituted (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. 7(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F31Word in Art. 7(4) substituted (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. 7(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F32Words in Art. 7(4) substituted (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. 7(6)(a)(iii) (as amended by S.I. 2020/1528), regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F33Words in Art. 7(4) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 7(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.Articles [F3516 to 21 and 26 to 29] of Regulation (EC) No 765/2008 shall apply to products covered by this Regulation and by the relevant delegated acts.
F362.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.[F37Great Britain’s] general market surveillance programmes or sector specific programmes established pursuant to Article 18 of Regulation (EC) No 765/2008 shall include actions to ensure the effective enforcement of this Regulation.
F384.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.Market surveillance authorities shall have the right to recover from the supplier the costs of document inspection and physical product testing in case of non-compliance with this Regulation or the relevant delegated acts.
Textual Amendments
F34Art. 8 heading substituted (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. 8(2) (as substituted by S.I. 2020/1528, regs. 1(2), 9(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in Art. 8(1) substituted (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. 8(3); 2020 c. 1, Sch. 5 para. 1(1)
F36Art. 8(2) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 8(4); 2020 c. 1, Sch. 5 para. 1(1)
F37Words in Art. 8(3) substituted (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. 8(5) (as amended by S.I. 2020/1528, regs. 1(2), 9(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
1.Where the market surveillance authorities F39... have sufficient reason to believe that a product covered by this Regulation presents a risk to aspects of public interest protection covered by this Regulation, such as environmental and consumer protection aspects, they shall carry out an evaluation in relation to the product concerned covering all energy labelling requirements relevant to the risk and laid down in this Regulation or in the relevant delegated act. Suppliers and dealers shall cooperate as necessary with the market surveillance authorities for the purpose of that evaluation.
2.Where, in the course of the evaluation referred to in paragraph 1, the market surveillance authorities find that the product does not comply with the requirements laid down in this Regulation or in the relevant delegated act, they shall without delay require the supplier, or where appropriate, the dealer, to take all appropriate corrective action to bring the product into compliance with those requirements, where appropriate to withdraw the product from the market, or where appropriate, to recall it within a reasonable period, commensurate with the nature of the risk as they may prescribe.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph.
F403.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.The supplier or, where appropriate, the dealer shall ensure that all appropriate corrective or restrictive action in accordance with paragraph 2 is taken in respect of all the products concerned that it has made available on the [F41market of Great Britain].
5.Where the supplier or, where appropriate, the dealer does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the availability of the product on [F42market of Great Britain], to withdraw the product from that market, or to recall it.
F436.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F437.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F438.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9.[F44The Secretary of State must] ensure that appropriate restrictive measures, such as withdrawal of the product from their market, are taken in respect of the product concerned, without delay.
[F4510.Corrective or restrictive measures pursuant to paragraph 2, 4, 5 or 9 must be extended to all units of a non-compliant model and of its equivalent models, except those units which the supplier demonstrates are compliant.]
Textual Amendments
F39Words in Art. 9(1) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 9(2); 2020 c. 1, Sch. 5 para. 1(1)
F40Art. 9(3) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 9(3); 2020 c. 1, Sch. 5 para. 1(1)
F41Words in Art. 9(4) substituted (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. 9(4) (as amended by S.I. 2020/1528, regs. 1(2), 9(c)); 2020 c. 1, Sch. 5 para. 1(1)
F42Words in Art. 9(5) substituted (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. 9(5) (as amended by S.I. 2020/1528, regs. 1(2), 9(c)); 2020 c. 1, Sch. 5 para. 1(1)
F43Art. 9(6)-(8) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 9(6); 2020 c. 1, Sch. 5 para. 1(1)
F44Words in Art. 9(9) substituted (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. 9(7); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
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
F47Arts. 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)
1.This Article applies to the exercise of the power to make a product-specific measure under Article 11.
2.The power to make a product-specific measure is exercisable by statutory instrument and—
(a)in the case of a product-specific measure which introduces or amends requirements relating to a label such that those requirements are identical to those adopted by the European Union (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament), the statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament; and
(b)in any other case, a statutory instrument must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3.A product-specific measure may—
(a)amend the table in Schedule 1 to the Energy Information Regulations 2011;
(b)make different provision for different cases or circumstances;
(c)include supplementary, incidental and consequential provision; and
(d)make transitional provision and savings.
4.A product-specific measure must specify, in particular—
(a)the definition of the specific product group falling under the definition of ‘energy-related product’ set out in point (1) of Article 2 which is to be covered by the detailed labelling requirements;
(b)the design and content of the label, including (subject to Article 11(10)(b)) a scale showing consumption of energy consisting of A to G steps, and such steps—
(i)as far as possible, must have uniform design characteristics across product groups and must in all cases be clear and legible;
(ii)where possible, must correspond to significant energy and cost savings and appropriate product differentiation from the customer's perspective; and
(iii)where possible, must be displayed in a prominent position on the label as specified in the delegated act;
(c)where appropriate, the use of other resources and supplementary information concerning the product, in which case—
(i)the label must emphasise the energy efficiency of the product;
(ii)the supplementary information must be unambiguous with no negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers; and
(iii)the other resources and supplementary information must be based on data relating to physical product characteristics that are measurable and verifiable by market surveillance authorities;
(d)where appropriate, the inclusion of a reference in the label allowing customers to identify products that are energy smart, that is to say, capable of automatically changing and optimising their consumption patterns in response to external stimuli (such as signals from or via a central home energy managing system, price signals, direct control signals, or local measurement) or capable of delivering other services which increase energy efficiency and the up-take of renewable energy, with the aim to improve the environmental impact of energy use over the whole energy system;
(e)the locations where the label must be displayed, such as attached to the product unit where no damage is caused to it, printed on the packaging, provided in electronic format or displayed online, taking into account the requirements of Article 3(1), and the implications for customers, suppliers and dealers;
(f)where appropriate, electronic means for labelling products;
(g)the manner in which the label and product information sheet are to be provided in the case of distance selling;
(h)the required contents and, where appropriate, the format and other details concerning the product information sheet and the technical documentation;
(i)the verification tolerances to be used when verifying compliance with the requirements;
(j)how the energy class and the range of the efficiency classes available on the label must be included in visual advertisements and technical promotional material, including legibility and visibility;
(k)the measurement and calculation methods referred to in Article 13, to be used to determine label and product information sheet information, including the definition of the energy efficiency index (EEI), or equivalent parameter;
(l)whether for larger appliances a higher level of energy efficiency is required to reach a given energy class;
(m)the format of any additional references on the label allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet, such format being—
(i)a website address;
(ii)a dynamic quick response code (QR code);
(iii)a link on online labels; or
(iv)any other appropriate consumer-oriented means;
(n)how, where appropriate, energy classes describing the product's energy consumption during use should be shown on the product's interactive display;
(o)the date for the evaluation and possible consequent revision of the product-specific measure; and
(p)as regards the requirement to keep information in Article 4(6), a retention period of less than 15 years, where appropriate, in relation to the average lifespan of the product.]
Textual Amendments
F47Arts. 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)
1.Except where a delegated act referred to in Article 11A(4)(e) provides for specific rules for energy labels printed on packaging, where a label is rescaled—
(a)subject to subparagraphs (b) and (c), the supplier must, when placing a product on the market, provide both the existing and the rescaled labels and the product information sheets to the dealer for a period beginning four months before the date specified in the relevant delegated act for starting the display of the rescaled label;
(b)by way of derogation from subparagraph (a), if the existing and the rescaled label require different testing of the model, the supplier may choose not to supply the existing label with units of models placed on the market or put into service during the four-month period before the date specified in the relevant delegated act for starting the display of the rescaled label if no units belonging to the same model or equivalent models were placed on the market or put into service before the start of the four-month period;
(c)where the supplier chooses not to supply the existing label in accordance with subparagraph (b)—
(i)the dealer must not offer those units for sale before that date; and
(ii)the supplier must notify the dealer concerned of that consequence as soon as possible, including when it includes such units in its offers to dealers;
(d)subject to subparagraph (e), the supplier must, for products placed on the market or put into service before the four-month period, deliver the rescaled label on request from the dealer in accordance with Article 3(2) as from the start of that period. For such products, the dealer must obtain a rescaled label in accordance with Article 5(2);
(e)by way of derogation from subparagraph (d)—
(i)a dealer who is unable to obtain a rescaled label in accordance with subparagraph (d) for units already in its stock because the supplier has ceased its activities is permitted to sell those units exclusively with the non-rescaled label until nine months after the date specified in the relevant delegated act for starting the display of the rescaled label; or
(ii)if the non-rescaled and the rescaled label require different testing of the model, the supplier is exempt from the obligation to supply a rescaled label for units placed on the market or put into service before the four-month period, if no units belonging to the same model or equivalent models are placed on the market or put into service after the start of the four-month period, in which case the dealer is permitted to sell those units exclusively with the non-rescaled label until nine months after the date specified in the relevant delegated act for starting the display of the rescaled label; and
(f)the dealer—
(i)must replace the existing labels on products on display, both in shops and online, with the rescaled labels within 14 working days after the date specified in the relevant delegated act for starting the display of the rescaled label; and
(ii)must not display the rescaled labels before that date.]
Textual Amendments
F47Arts. 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)
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Textual Amendments
F501.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.Where [F51designated] standards are applied during the conformity assessment of a product, the model shall be presumed to be in conformity with the relevant measurement and calculation requirements of the delegated act.
3.[F52Designated] standards shall aim to simulate real-life usage as far as possible while maintaining a standard test method. Test methods shall furthermore take into account the associated costs for industry and small and medium sized enterprises (SMEs).
4.Measurement and calculation methods included in the [F53designated] standards shall be reliable, accurate and reproducible, and aligned with the requirements of Article 3(4) and (5).
Textual Amendments
F49Word in Art. 13 heading substituted (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. 13(2); 2020 c. 1, Sch. 5 para. 1(1)
F50Art. 13(1) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 13(3); 2020 c. 1, Sch. 5 para. 1(1)
F51Word in Art. 13(2) substituted (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. 13(4); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
1.Directive 2010/30/EU is repealed with effect from 1 August 2017.
2.References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex II.
3.For models, the units of which were placed on the market or put into service in accordance with Directive 2010/30/EU before 1 August 2017, the supplier shall, for a period ending five years after the final unit was manufactured, make an electronic version of the technical documentation available for inspection within 10 days of a request received from market surveillance authorities F55....
4.Delegated acts adopted [F56before IP completion day] pursuant to Article 10 of Directive 2010/30/EU and Directive 96/60/EC shall remain in force until they are repealed by a delegated act adopted pursuant to [F57Article 11] of this Regulation covering the relevant product group.
Obligations under this Regulation shall apply in relation to product groups covered by delegated acts adopted [F58before IP completion day] pursuant to Article 10 of Directive 2010/30/EU and by Directive 96/60/EC.
5.With regard to product groups already covered by delegated acts adopted pursuant to Article 10 of Directive 2010/30/EU, or by Directive 96/60/EC, where the [F59European Commission adopted] delegated acts pursuant to Article 16 of this Regulation [F60as it had effect before IP completion day], the energy efficiency classification established by Directive 2010/30/EU may, by way of derogation from point (b) of Article 16(3) of this Regulation [F61as it had effect before IP completion day], continue to apply until the date on which the delegated acts introducing rescaled labels pursuant to Article 11 of this Regulation become applicable.
Textual Amendments
F55Words in Art. 20(3) omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 15(2); 2020 c. 1, Sch. 5 para. 1(1)
F56Words in Art. 20(4) inserted (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. 15(3)(a)(i) (as amended by S.I. 2020/1528, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F57Words in Art. 20(4) substituted (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. 15(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F58Words in Art. 20(4) inserted (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. 15(3)(b) (as amended by S.I. 2020/1528, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F59Words in Art. 20(5) substituted (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. 15(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
1.Articles 3 to 6 do not apply to a product which—
(a)was placed on the market or put into service during the pre-exit period; and
(b)is in conformity with Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU as it had effect immediately before IP completion day.
2.Subject to paragraph 3, where a product was placed on the market or put into service during the pre-exit period, despite the amendments made by Schedule 4 to the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019, any obligation to which a person was subject under this Regulation as it had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.
3.Paragraph 2 does not apply to—
(a)any obligation of any enforcing authority to inform the European Commission or the Member States of any matter;
(b)any obligation to take action outside Great Britain in respect of that product; or
(cany obligation to contribute to, maintain, or use the product database.
4.In this Article—
“placed on the market” has the meaning given to it in this Regulation as it had effect immediately before IP completion day;
“pre-exit period” means the period beginning with 1 August 2017 and ending immediately before IP completion day;
“put into service” has the meaning given to it in this Regulation as it had effect immediately before IP completion day.]
Textual Amendments
F62Art. 20A inserted (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. 16 (as amended by S.I. 2020/1528, regs. 1(2), 4, 6(3)(4)(d)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 August 2017.
By way of derogation from the second paragraph, Article 4 F63... shall apply from 1 January 2019.
Textual Amendments
F63Words in Art. 21 omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 17(a); 2020 c. 1, Sch. 5 para. 1(1)
F64...
Done at Strasbourg, 4 July 2017.
For the European Parliament
The President
A. Tajani
For the Council
The President
M. Maasikas
Textual Amendments
F64Words in Signature omitted (31.12.2020) by virtue of The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 4 para. 17(b); 2020 c. 1, Sch. 5 para. 1(1)