+REGULATION (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
------+Article 1 1.
------+Article 1 2.
---+Article 2 Definitions
---+Article 3 General obligations of suppliers
------+Article 3 1.
------+Article 3 2.
------+Article 3 3.
------+Article 3 4.
------+Article 3 5.
---+Article 4 Obligations of suppliers in relation to the product database
------+Article 4 1.
------+Article 4 2.
------+Article 4 3.
------+Article 4 4.
------+Article 4 5.
------+Article 4 6.
---+Article 5 Obligations of dealers
------+Article 5 1.
------+Article 5 2.
------+Article 5 3.
---+Article 6 Other obligations of suppliers and dealers
---+Article 7 Obligations of Member States
------+Article 7 1.
------+Article 7 2.
------+Article 7 3.
------+Article 7 4.
---+Article 8 Union market surveillance and control of products entering the Union market
------+Article 8 1.
------+Article 8 2.
------+Article 8 3.
------+Article 8 4.
------+Article 8 5.
---+Article 9 Procedure at national level for dealing with products presenting a risk
------+Article 9 1.
------+Article 9 2.
------+Article 9 3.
------+Article 9 4.
------+Article 9 5.
------+Article 9 6.
------+Article 9 7.
------+Article 9 8.
------+Article 9 9.
---+Article 10 Union safeguard procedure
------+Article 10 1.
------+Article 10 2.
------+Article 10 3.
------+Article 10 4.
------+Article 10 5.
---+Article 11 Procedure for the introduction and rescaling of labels
------+Article 11 1.
------+Article 11 2.
------+Article 11 3.
------+Article 11 4.
------+Article 11 5.
------+Article 11 6.
------+Article 11 7.
------+Article 11 8.
------+Article 11 9.
------+Article 11 10.
------+Article 11 11.
------+Article 11 12.
------+Article 11 13.
---+Article 12 Product database
------+Article 12 1.
------+Article 12 2.
------+Article 12 3.
------+Article 12 4.
------+Article 12 5.
------+Article 12 6.
------+Article 12 7.
------+Article 12 8.
------+Article 12 9.
------+Article 12 10.
------+Article 12 11.
------+Article 12 12.
---+Article 13 Harmonised standards
------+Article 13 1.
------+Article 13 2.
------+Article 13 3.
------+Article 13 4.
---+Article 14 Consultation Forum
------+Article 14 1.
------+Article 14 2.
---+Article 15 Working plan
---+Article 16 Delegated Acts
------+Article 16 1.
------+Article 16 2.
------+Article 16 3.
------+Article 16 4.
------+Article 16 5.
---+Article 17 Exercise of the delegation
------+Article 17 1.
------+Article 17 2.
------+Article 17 3.
------+Article 17 4.
------+Article 17 5.
------+Article 17 6.
---+Article 18 Committee procedure
------+Article 18 1.
------+Article 18 2.
---+Article 19 Evaluation and report
---+Article 20 Repeal and transitional measures
------+Article 20 1.
------+Article 20 2.
------+Article 20 3.
------+Article 20 4.
------+Article 20 5.
---+Article 21 Entry into force and application
---+ANNEX I
---+ANNEX II
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English -
European Union -
Energy -
REGULATION (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)
REGULATION (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)
This Regulation shall be binding in its entirety and directly applicable in all Member States.
1. Resumen
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Regulación |
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Article 1 Subject-matter and scope
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Article 2 Definitions
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Article 2
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.
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Article 3 General obligations of suppliers
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Article 4 Obligations of suppliers in relation to the product database
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Article 5 Obligations of dealers
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Article 6 Other obligations of suppliers and dealers
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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.
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Article 7 Obligations of Member States
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Article 8 Union market surveillance and control of products entering the Union market
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Article 9 Procedure at national level for dealing with products presenting a risk
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Article 10 Union safeguard procedure
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Article 11 Procedure for the introduction and rescaling of labels
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Article 12 Product database
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Article 13 Harmonised standards
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Article 14 Consultation Forum
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Article 15 Working plan
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Article 15
The Commission shall, after consulting the Consultation Forum referred to in Article 14, establish a long-term working plan which shall be made publicly available. The working plan shall set out an indicative list of product groups which are considered to be priorities for the adoption of delegated acts. The working plan shall also set out plans for the revision and rescaling of labels for product groups in accordance with Article 11(4) and (5), with the exception of the rescaling of labels which were in force at 1 August 2017 for which the rescaling is provided for in Article 11 of this Regulation.
The Commission shall update the working plan periodically after consulting the Consultation Forum. The working plan may be combined with the working plan required by Article 16 of Directive 2009/125/EC and shall be reviewed every three years.
The Commission shall inform the European Parliament and the Council annually of the progress made in the implementation of the working plan.
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Article 16 Delegated Acts
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Article 17 Exercise of the delegation
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Article 18 Committee procedure
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Article 19 Evaluation and report
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Article 19
By 2 August 2025, the Commission shall assess the implementation of this Regulation and submit a report to the European Parliament and to the Council. That report shall assess how effectively this Regulation and the delegated and implementing acts adopted pursuant thereto have allowed customers to choose more efficient products, taking into account its impacts on business, energy consumption, greenhouse gas emissions, market surveillance activities, and the cost to establish and maintain the database.
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Article 20 Repeal and transitional measures
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Article 21 Entry into force and application
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Article 21
Entry into force and application
This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 August 2017.
By way of derogation from the second paragraph, Article 4 concerning the obligations of suppliers in relation to the product database shall apply from 1 January 2019.
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ANNEX I
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ANNEX I
INFORMATION TO BE ENTERED IN THE PRODUCT DATABASE AND FUNCTIONAL CRITERIA FOR THE PUBLIC PART OF THE DATABASE
1. Information to be entered in the public part of the database by the supplier:
(a)
the name or trademark, address, contact details and other legal identification of the supplier;
(c)
the label in electronic format;
(d)
the energy efficiency class(es) and other parameters of the label;
(e)
the parameters of the product information sheet in electronic format.
2. Information to be entered in the online portal by the Commission:
(a)
contact details of Member State market surveillance authorities;
(b)
working-plan pursuant to Article 15;
(c)
minutes of the Consultation Forum;
(d)
an inventory of delegated and implementing acts, transitional measurement and calculation methods and applicable harmonised standards.
3. Information to be entered in the compliance part of the database by the supplier:
(a)
the model identifier of all equivalent models already placed on the market;
(b)
the technical documentation as specified in Article 12(5).
The Commission shall provide a link to the Information and Communication System on Market Surveillance (ICSMS), which includes the outcome of compliance checks performed by Member States and provisional measures adopted.
4. Functional criteria for the public part of the product database:
(a)
each product model shall be retrievable as an individual record;
(b)
it shall generate a single viewable, downloadable and printable file of the energy label of each model, as well as the linguistic versions of the complete product information sheet, in all official languages of the Union;
(c)
the information shall be machine readable, sortable and searchable, respecting open standards for third party use, free of charge;
(d)
an online helpdesk or contact point for the supplier shall be established and maintained, clearly referenced on the portal.
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ANNEX II
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ANNEX II
CORRELATION TABLE
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Directive 2010/30/EU
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This Regulation
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Article 1(1)
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Article 1(1)
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Article 1(2)
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—
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Article 1(3)(a) and (b)
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Article 1(2)(a) and (b)
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Article 1(3)(c)
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—
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Article 2
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Article 2
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Article 2(a)
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Article 2, point 1
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Article 2(b)
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Article 2, point 22
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Article 2(c)
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—
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Article 2(d)
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—
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Article 2(e)
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—
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Article 2(f)
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—
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Article 2(g)
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Article 2, point 13
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Article 2(h)
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Article 2, point 14
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Article 2(i)
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Article 2, point 8
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Article 2(j)
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Article 2, point 9
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Article 2(k)
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—
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Article 3
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Article 7
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Article 3(1)(a)
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Article 7(3)
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Article 3(1)(b)
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Article 6(c)
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Article 3(1)(c)
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Article 7(3)
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Article 3(1)(d)
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Article 8(2)
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Article 3(2)
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Article 6(b) and Article 9
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Article 3(3)
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Article 8(1)
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Article 3(4)
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—
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Article 4(a)
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Article 5
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Article 4(b)
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—
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Article 4(c)
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Article 6(a)
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Article 4(d)
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Article 6(a)
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Article 5
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Article 3(1) and Article 6
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Article 5(a)
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Article 3(1)(a)
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Article 5(b), points (i), (ii), (iii) and (iv)
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Article 4(6) and Annex I
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Article 5(c)
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Article 4(6)
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Article 5(d)
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Article 3(1)
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Article 5(d), second subparagraph
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Article 3(1)
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Article 5(e)
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Article 3(1)
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Article 5(f)
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—
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Article 5(g)
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Article 3(1)
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Article 5(h)
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—
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Article 6
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Article 5(1) and Article 6
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Article 6(a)
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Article 5(1)(a)
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Article 6(b)
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Article 5(1)(a)
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Article 7
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Article 16(3)(e) and (g)
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Article 8(1)
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Article 7(1)
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Article 8(2)
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—
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Article 9(3)
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Article 7(2)
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Article 9(4)
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—
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Article 10(1)
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Article 16
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Article 10(1), second paragraph
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Article 16(2)
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Article 10(1), third paragraph
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—
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Article 10(1), fourth paragraph
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Article 16(3)(c)
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Article 10(2)(a)
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Article 16(2)(a)
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Article 10(2)(b)
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Article 16(2)(b)
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Article 10(2)(c)
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—
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Article 10(3)(a)
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—
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Article 10(3)(b)
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—
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Article 10(3)(c)
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Article 14
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Article 10(3)(d)
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—
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Article 10(4)(a)
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Article 16(3)(a)
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Article 10(4)(b)
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Article 16(3)(k)
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Article 10(4)(c)
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Article 16(3)(h)
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Article 10(4)(d)
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Article 16(3)(b)
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Article 10(4)(d), second paragraph
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—
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Article 10(4)(d), third paragraph
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Article 16(3)(b)
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Article 10(4)(d), fourth paragraph
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Article 11(3)
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Article 10(4)(d), fifth paragraph
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Article 11
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Article 10(4)(e)
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Article 16(3)(e)
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Article 10(4)(f)
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Article 16(3)(h)
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Article 10(4)(g)
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Article 16(3)(j)
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Article 10(4)(h)
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Article 11(3)
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Article 10(4)(i)
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Article 16(3)(i)
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Article 10(4)(j)
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Article 16(3)(o)
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Article 11(1)
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Article 17(2)
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Article 11(2)
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Article 17(5)
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Article 11(3)
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Article 17(1)
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Article 12(1)
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Article 17(3)
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Article 12(2)
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—
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Article 12(3)
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Article 17(3)
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Article 13
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Article 17(6)
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Article 14
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Article 19
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Article 15
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Article 7(4)
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Article 16
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—
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Article 17
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Article 20
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Article 18
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Article 21
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Article 19
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Article 21
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Annex I
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—
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—
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Annex I
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Annex II
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Annex II
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,
1.1 Referencias
1.2 Requisitos identificados
1.3 Estándares relacionados
2. Requisitos identificados
Requisitos
| Fuente |
Requisito |
3. Estándares relacionados
Estándares
| Fuente |
Requisito |
Incidencias vinculadas
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