Energy efficiency labelling

The European Parliament adopted (by 580 votes to 52, with 79 abstentions) amendments to the proposal for a regulation of the European Parliament and of the Council setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU.

The matter has been referred back to the committee responsible. The vote on the legislative resolution has been postponed to a subsequent sitting.

The main elements adopted in plenary are as follows:

Scope: the text stipulates that this Regulation lays down a framework that applies to energy-related products and provides them with a label regarding energy efficiency, absolute consumption of energy and other environmental and performance characteristics. It allows customers to choose more energy-efficient products in order to reduce their energy consumption.

This Regulation does not apply to:

• second hand products (i.e. all those that have been put into service before being made available on the market for a second or additional time);
• means of transport for persons or goods in which the motor stays in the same location while it is operated, for example elevators, escalators and conveyor belts.

Definition of label: the amended text clarifies the term ‘label’ to mean a graphic diagram, in printed or electronic form, including a closed scale using only letters from A to G, each class corresponding to significant energy savings, in seven different colours from dark green to red, in order to inform customers about energy efficiency and energy consumption.

Procedure for the introduction and rescaling of labels: the Commission is empowered to adopt delegated acts in order to supplement this Regulation by introducing or rescaling labels. There is a need for an initial rescaling of existing labels, in order to ensure a homogeneous A to G scale, adapting them to the requirements of this Regulation. The text stated that Member States shall ensure that the introduction and rescaling of labels is accompanied by educational and promotional information campaigns on energy labelling. The Commission shall coordinate those campaigns, supporting close cooperation with suppliers and dealers and the exchange of best practices.

In order to ensure a homogenous A to G scale, it is proposed that the Commission shall introduce rescaled labels for existing product groups within 5 years after the entry into force of this Regulation,

According to the Parliament, any future rescale shall aim for a validity period of at least 10 years, the following trigger criteria for future rescales are as follows:

• when 25% of the products sold within the EU market fall into the top energy efficiency class A; or
• when 50% of the products sold within the EU market fall into the top two energy efficiency classes A+B.

It should be noted that before any rescaling, the Commission shall carry out a thorough preparatory study. Depending on the product group and based on a detailed assessment of its potential, a newly rescaled label shall have empty space at the top of the scale to encourage technological progress and enable ever more efficient product models to be developed and recognised.

When a label is rescaled, confusion to customers shall be avoided by replacing all energy labels within a short and feasible timeframe, and by making the visual appearance of the rescaled label easily distinguishable from the old label, together with adequate consumer information campaigns clearly indicating that a new version has been introduced resulting in an improved appliance classification.

When, for a given product group, no models belonging to energy classes F or G are allowed to be placed on the market anymore because of an Ecodesign implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall be shown on the label in grey as specified in the relevant delegated act. The standard dark green to red spectrum of the label shall be retained for the remaining upper classes. 

Dealers shall be permitted to sell energy-related products without a label or a rescaled label, only where a (rescaled) label has never been produced for a given product and the supplier of the product is no longer active on the market.

Clear and legible label: the amended text stipulates that the label should contain information about the energy efficiency class of the product model, and its absolute consumption in kWh, displayed per year or per any relevant period of time. Suppliers and dealers would have to refer to the energy efficiency class of the product in any visual advertisement or technical promotional material for a specific model of product.

Product database: the ‘product database’ shall be established in order to collect data concerning the energy-related products covered by this Regulation. It shall be arranged in a systematic manner and consisting of a public interface, organised as a consumer-oriented website, where information is individually accessible by electronic means, and a compliance interface, structured as an electronic platform supporting the activities of national market surveillance authorities, with clearly specified accessibility and security requirements.

Easy direct access to the public interface of the product database should be facilitated by a dynamic quick response code (QR) or other user-oriented tools included on the printed label. The database should be subject to strict data protection rules.

Market surveillance: in order to strengthen market surveillance and Union safeguard procedures, national market surveillance authorities should perform compliance monitoring also through physical product testing which shall cover at least one product group per year. Market surveillance authorities shall inform the other Member States and the Commission of their planned and completed physical tests, through the compliance interface of the product database. They shall use reliable, accurate and reproducible measurement procedures, aiming to simulate real-life conditions of use and excluding intentional or unintentional manipulation or alteration of the test results.

The Commission shall endeavour to set up and maintain an online portal that provides market surveillance authorities access to detailed product information on the servers of suppliers.

By 1 January 2018, Member States shall establish and implement a market surveillance plan for monitoring the enforcement of the requirements of this Regulation. Member States shall review their market surveillance plans at least every three years.