LegalizeRegulation (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 (Text with EEA relevance. )
Article 1
Subject-matter and scope
This Regulation does not apply to:
(a) second-hand products, unless they are imported from a third country;
(b) means of transport for persons or goods.
Article 2
Definitions
For the purposes of this Regulation the following definitions apply:
(1) ‘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;
(2) ‘product group’ means a group of products which have the same main functionality;
(3) ‘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;
(4) ‘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;
(5) ‘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;
(6) ‘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;
(7) ‘making available on the market’ means the supply of a product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
(8) ‘placing on the market’ means the first making available of a product on the Union market;
(9) ‘putting into service’ means the first use of a product for its intended purpose on the Union market;
(10) ‘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;
(11) ‘authorised representative’ means a natural or legal person established in the Union who has received a written mandate from the manufacturer to act on its behalf in relation to specified tasks;
(12) ‘importer’ means a natural or legal person established in the Union who places a product from a third country on the Union market;
(13) ‘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;
(14) ‘supplier’ means a manufacturer established in the Union, the authorised representative of a manufacturer who is not established in the Union, or an importer, who places a product on the Union market;
(15) ‘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;
(16) ‘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;
(17) ‘energy efficiency’ means the ratio of output of performance, service, goods or energy to input of energy;
(18) ‘harmonised standard’ means standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (1);
(19) ‘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 Article 11(10) and (11);
(20) ‘rescaling’ means an exercise making the requirements for achieving the energy class on a label for a particular product group more stringent;
(21) ‘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;
(22) ‘product information sheet’ means a standard document containing information relating to a product, in printed or electronic form;
(23) ‘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;
(24) ‘supplementary information’ means information, as specified in a delegated act, on the functional and environmental performance of a product;
(25) ‘product database’ means a collection of data concerning products, which is arranged in a systematic manner and consists of a consumer-oriented public part, where information concerning individual product parameters is accessible by electronic means, an online portal for accessibility and a compliance part, with clearly specified accessibility and security requirements;
(26) ‘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.
Article 3
General obligations of suppliers
As an alternative to supplying the product information sheet with the product, delegated acts referred to in point (h) of Article 16(3) may provide that it is sufficient for the supplier to enter the parameters of such product information sheet into the product database. In such a case, the supplier shall provide the product information sheet in printed form to the dealer on request.
Delegated acts may provide that the label is printed on the packaging of the product.
Article 4
Obligations of suppliers in relation to the product database
Until data entry in the product database, the supplier shall make an electronic version of the technical documentation available for inspection within 10 days of a request received from market surveillance authorities or the Commission.
Article 5
Obligations of dealers
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.
Article 6
Other obligations of suppliers and dealers
The supplier and the dealer shall:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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.
Article 7
Obligations of Member States
Member States shall, by 1 August 2017, notify the Commission of the rules referred to in the first subparagraph that have not previously been notified to the Commission, and shall notify the Commission, without delay, of any subsequent amendment affecting them.
Article 8
Union market surveillance and control of products entering the Union market
Such exchanges of information shall also be conducted when test results indicate that the product complies with this Regulation and the relevant delegated act.
Article 9
Procedure at national level for dealing with products presenting a risk
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph.
The market surveillance authorities shall inform the Commission and the other Member States without delay of the measures taken pursuant to paragraph 5. That information shall include all available details, in particular:
(a) the data necessary for the identification of the non-compliant product;
(b) the origin of the product;
(c) the nature of the non-compliance alleged and the risk involved;
(d) the nature and duration of the national measures taken and the arguments put forward by the supplier or, where appropriate, the dealer.
In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either failure of the product to meet requirements relating to aspects of public interest protection laid down in this Regulation or shortcomings in the harmonised standards referred to in Article 13 conferring a presumption of conformity.
Article 10
Union safeguard procedure
On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not and may suggest an appropriate alternative measure. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 18(2).
Article 11
Procedure for the introduction and rescaling of labels
By way of derogation from the requirement of achieving significant energy and cost savings set out in point (b) of Article 16(3), where the rescaling cannot achieve such savings, it shall ensure at least a homogenous A to G scale.
When determining the order of product groups to be rescaled, the Commission shall take into account the proportion of products in the highest classes.
By way of derogation from paragraph 4, the Commission shall:
(a) present reviews for the product groups covered by Delegated Regulations (EU) No 811/2013, (EU) No 812/2013 and (EU) 2015/1187 by 2 August 2025 with a view to rescaling them, and, where appropriate, shall, by 2 August 2026, adopt delegated acts pursuant to Article 16 of this Regulation in order to supplement this Regulation by introducing A to G rescaled labels. In any event, the delegated acts introducing A to G rescaled labels shall be adopted no later than 2 August 2030.
(b) adopt, by 2 November 2018, delegated acts pursuant to Article 16 of this Regulation in order to supplement this Regulation by introducing A to G rescaled labels for product groups covered by Commission Delegated Regulations (EU) No 1059/2010 (5), (EU) No 1060/2010 (6), (EU) No 1061/2010 (7), (EU) No 1062/2010 (8) and (EU) No 874/2012 (9) and Directive 96/60/EC, with the aim of displaying the rescaled label both in shops and online, 12 months after their date of entry into force.
As regards the products for which the Commission may further rescale the labels in accordance with paragraph 3, the Commission shall review the label with a view to rescaling if it estimates that:
(a) 30 % of the units of models belonging to a product group sold within the Union market 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 Union market fall into the top two energy efficiency classes A and B and further technological development can be expected.
If, for a specific product group, those conditions are not met within eight years after the date of entry into force of the relevant delegated act, the Commission shall identify which barriers, if any, have prevented the label from fulfilling its role.
In the case of new labels it shall carry out a preparatory study based on the indicative list of product groups set out in the working plan.
The Commission shall finalise its review study, present the results and, where appropriate, a draft delegated act to the Consultation Forum within 36 months of the Commission estimating that the conditions referred to in point (a) or (b) of paragraph 6 are met. The Consultation Forum shall discuss the estimate and the review study.
Where, pursuant to paragraph 1 or 3, a label is rescaled:
(a) the supplier shall, 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. By way of derogation from the first subparagraph of this point, 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. In that case, the dealer shall not offer those units for sale before that date. The supplier shall notify the dealer concerned of that consequence as soon as possible, including when it includes such units in its offers to dealers.
(b) the supplier shall, 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 shall obtain a rescaled label in accordance with Article 5(2). By way of derogation from the first subparagraph of this point: (i) a dealer who is unable to obtain a rescaled label in accordance with the first subparagraph of this point for units already in its stock because the supplier has ceased its activities shall be 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 same model or equivalent models are placed on the market or put into service after the start of the four-month period. In that case, the dealer shall be 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.
(c) the dealer shall 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. The dealer shall not display the rescaled labels before that date.
By way of derogation from points (a), (b) and (c) of this paragraph, delegated acts referred to in point (e) of Article 16(3) may provide for specific rules for energy labels printed on the packaging.
Article 12
Product database
The product database shall not replace or modify the responsibilities of the market surveillance authorities.
The product database shall serve the following purposes:
(a) to support market surveillance authorities in carrying out their tasks under this Regulation and the relevant delegated acts, including enforcement thereof, and under Regulation (EU) 2020/740 of the European Parliament and of the Council (10);
(b) to provide the public with information about products placed on the market and their energy labels, and product information sheets;
(c) to provide the Commission with up-to-date energy efficiency information for products for reviewing energy labels;
The mandatory specific parts of the technical documentation that the supplier shall enter into the database shall cover only:
(a) a general description of the model, sufficient for it to be unequivocally and easily identified;
(b) references to the harmonised standards applied or other measurement standards used;
(c) specific precautions that shall 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 parameters;
(f) testing conditions if not described sufficiently in point (b).
In addition, the supplier may upload additional parts of the technical documentation on a voluntary basis into the database.
The product database shall be established in accordance with the following criteria:
(a) minimising the administrative burden for the supplier and other database users;
(b) user-friendliness and cost-effectiveness; and
(c) automatic avoidance of redundant registration.
The compliance part of the database shall be established in accordance with the following criteria:
(a) protection from unintended use and the safeguarding of confidential information by way of strict security arrangements;
(b) access rights based on the need-to-know principle;
(c) processing of personal data in accordance with Regulation (EC) No 45/2001 and Directive 95/46/EC, as applicable;
(d) limitation of data access in scope to prevent copying larger data sets;
(e) traceability of data access for the supplier with regard to its technical documentation.
Article 13
Harmonised standards
Article 14
Consultation Forum
Article 15
Working plan
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