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

[F1 Article 11B U.K. Duties placed on suppliers and dealers where labels are rescaled

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

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)