Commission Delegated Regulation (EU) 2019/2017Show full title

Commission Delegated Regulation (EU) 2019/2017

of 11 March 2019

supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household dishwashers and repealing Commission Delegated Regulation (EU) No 1059/2010

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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(1), and in particular Article 11(5) and Article 16 thereof,

Whereas:

(1) Regulation (EU) 2017/1369 of the European Parliament and of the Council empowers the Commission to adopt delegated acts as regards the labelling or re-scaling of the labelling of product groups representing significant potential for energy savings and, where relevant, other resources.

(2) Provisions on the energy labelling of household dishwashers were established by Commission Delegated Regulation (EU) No 1059/2010(2).

(3) The Communication from the Commission COM(2016) 773 final(3) (ecodesign working plan) established by the Commission in application of Article 16(1) of Directive 2009/125/EC of the European Parliament and of the Council(4) sets out the working priorities under the ecodesign and energy labelling framework for the period 2016-2019. The ecodesign working plan identifies the energy-related product groups to be considered as priorities for the undertaking of preparatory studies and eventual adoption of implementing measures, as well as the review of Commission Regulation (EU) No 1016/2010(5) and Delegated Regulation (EU) No 1059/2010.

(4) Measures from the ecodesign working plan have an estimated potential to deliver in total more than 260 TWh of annual final energy savings in 2030, which is equivalent to reducing greenhouse gas emissions by approximately 100 million tonnes per year in 2030. Household dishwashers is one of the product groups listed in the working plan, with estimated annual electricity savings of 2,1 TWh, leading to GHG emission reductions of 0,7 Mt CO₂ eq/year, and estimated water savings of 16 million m³ in 2030.

(5) Household dishwashers are among the product groups mentioned in Article 11(5)(b) of Regulation (EU) 2017/1369 for which the Commission should adopt a delegated act to introduce an A to G rescaled label.

(6) The Commission has reviewed Delegated Regulation (EU) No 1059/2010 as required by its Article 7 and analysed technical, environmental and economic aspects as well as the impact of user behaviour. The review was carried out in close cooperation with stakeholders and interested parties from the Union and third countries. The results of the review were made public and presented to the Consultation Forum established by Article 14 of Regulation (EU) 2017/1369.

(7) The review concluded that there was a need to introduce revised energy labelling requirements for household dishwashers.

(8) Non-household dishwashers have distinct characteristics and uses. They are subject to other regulatory work, in particular Directive 2006/42/EC of the European Parliament and of the Council(6), and should not be included in the scope of this Regulation. This Regulation for household dishwashers should apply to dishwashers with the same technical characteristics, regardless of the setting they are used in.

(9) The environmental aspects of household dishwashers that have been identified as significant for the purposes of this Regulation are energy and water consumption in the use phase, the generation of waste at the end of life, the emissions to air and water in the production phase due to the extraction and processing of raw materials and in the use phase because of the consumption of electricity.

(10) It appears from the review that the electricity and water consumption of household dishwashers can be further reduced by implementing energy labelling measures focusing on better differentiating between products. This should give suppliers an incentive to further improve the energy and resource efficiency of household dishwashers while accelerating the market transformation towards more efficient technologies.

(11) The energy labelling of household dishwashers enable consumers to make informed choices towards more energy and resource efficient appliances. The understanding and relevance of the information provided on the label have been confirmed through a specific consumer survey in line with Article 14(2) of Regulation (EU) 2017/1369.

(12) Household dishwashers that are displayed at trade fairs should bear the energy label if the first unit of the model has already been placed on the market or is placed on the market on the trade fair.

(13) The relevant product parameters should be measured using reliable, accurate and reproducible methods. Those methods should take into account recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and of the Council(7).

(14) Recognizing the growth of sales of energy-related product through web-stores and internet sales platforms, rather than directly from suppliers, it should be clarified that service providers of web-stores and internet sales platforms should be responsible for displaying the label provided by the supplier in proximity to the price. They should inform the supplier of that obligation, but should not be responsible for the accuracy or content of the label and the product information sheet provided. However, in application of Article 14(1)(b) of Directive 2000/31/EC of the European Parliament and of the Council(8) on electronic commerce, such internet hosting platforms should act expeditiously to remove or to disable access to information about the product in question if they are aware of the non-compliance (e.g. missing, incomplete or incorrect label or product information sheet) for example if informed by the market surveillance authority. A supplier selling directly to end-users via its own website is covered by dealers' distance selling obligations referred to in Article 5 of Regulation (EU) 2017/1369.

(15) The measures provided for in this Regulation were discussed by the Consultation Forum and with the Member States experts in accordance with Article 17 of Regulation (EU) 2017/1369.

(16) Delegated Regulation (EU) No 1059/2010 should be repealed.

HAS ADOPTED THIS REGULATION:

(1)

OJ L 198, 28.7.2017, p. 1.

(2)

Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers (OJ L 314, 30.11.2010, p. 1).

(3)

Communication from the Commission. Ecodesign working plan 2016-2019 (COM(2016) 773 final, Brussels, 30.11.2016).

(4)

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 (OJ L 285, 31.10.2009, p. 10).

(5)

Commission Regulation (EU) No 1016/2010 of 10 November 2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household dishwashers (OJ L 293, 11.11.2010, p. 31).

(6)

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery (OJ L 157, 9.6.2006, p. 24).

(7)

Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

(8)

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).