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

[F1 Article 11A U.K. Procedure and requirements for the introduction and rescaling of labels

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

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)