No enforcement on Energy-labelling? New EC Notice

Introduction

To what products does the notice apply?

The European Commission (EC) has today published a commission notice on the application of energy labelling requirements. The notice is directed to the market surveillance authorities (MSA's) of the Member States, but is relevant for trade. 

Summary

The notice applies to:

• electronic displays;
• household washing machines;
• washer-dryers;
• refrigerating appliances;
• household dishwashers, and
• of ecodesign requirements on the provision of information for external power supplies

Energy Labelling Regulations

In 2019 the EC published regulations (EU) 2019/2013, (EU) 2019/2014, (EU) 2019/2016 and (EU) 2019/2017, also referred to as the ‘Energy labelling Regulations’. The Energy Labelling Regulations will apply from 1 March 2021, but as of 1 November 2020 suppliers must provide a rescaled label with products they place on the market and are also required to enter the parameters of the new product information sheet into the product database.
Commission Regulation (EU) 2019/1782 on ecodesign requirements for external power supplies applies from 1 April 2020 and establishes new requirements on information to be provided to end-users, market surveillance authorities and other interested parties. These include redesigning the nameplates affixed to the equipment placed on the market.

Content

What does the notice entail?

In short:

- MSA's from Member States should exercise their powers efficiently and effectively, in accordance with the principle of proportionality.

- Labels in shops (still) must be rescaled between 1 to 15 March 2021. 

MSA's are invited to take into account all of the following conditions:

• the exceptional and unforeseen circumstances caused by the COVID-19 crisis, as demonstrated by the manufacturers, which prevent them from complying with the obligations under the energy labelling Regulations,
• the relatively time limited nature of the issue, given the relatively short time period during which manufacturers would be able to continue placing products on the market with the current label only,
• the need for manufacturers to continue to be able to place their products on the market, in particular those stockpiled in their warehouses.

In more detail:

The EC has published the following notices (in summary):

1. The obligation of Member States’ market surveillance authorities to monitor compliance is an ongoing one and not linked to any specific date after the obligations start to apply on 1 April 2020 (for Ecodesign provisions) and 1 November 2020 (for Energy labelling obligations), respectively;
2. Ensuring effective market surveillance, the Commission recalls the requirements laid down that market surveillance authorities must exercise their powers efficiently and effectively, in accordance with the principle of proportionality;
3. in any event all current labels in shops will have to be exchanged for rescaled labels from 1 to 15 March 2021, in accordance with Article 11(13) of Regulation (EU) 2017/1369.
4. If MSA's, in accordance with the above, do not enforce the obligations, the EC will not start infringement procedures from 1 November 2020 to 1 March 2021 and suppliers provide missing labels to dealers before 1 March 2021

The full text of the EC notice can be read here.