EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 15.7.2015  
COM(2015) 341 final  
2015/0149 (COD)  
  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU  
(Text with EEA relevance)  
{SWD(2015) 139 final}  
{SWD(2015) 140 final}   EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
1.1. Reasons for and objectives of the proposal  
On 25 February 2015, the  Commission announced in its F ramework Strategy  for a Resilient 
Energy Union with a Forward -Looking Climate Change Policy a review of the Energy 
Labelling Directive in order to further exploit the potential of energy efficiency for the 
moderation of energy demand and consequent reduction of the energy dependency of the 
European Union.  
Energy labelling is favourable for the environment because customers can obtain accurate, 
relevant and comparable information on the energy efficiency and co nsumption of energy -
related products wherever they are in the Union, allowing them to take informed cost -
effective and environmentally friendly purchasing decisions that are both good for the 
environment and save money .  
1.2. Consistency with existing poli cy provisions in the policy area  
For 2030 the European Council set in October 2014 an indicative target at EU level of at least 
27% for improving energy efficiency which will be reviewed by 2020, having in mind an EU 
level of 30%.  The European Council also  set the target of reducing greenhouse gas emission 
by 40% by 2030.  
This proposal follows up on the Energy Union Framework Strategy and intends to replace 
Directive 2010 /30/EU on the indication by labelling and standard product information of the 
consumpti on of energy and other resources by energy -related products. This proposal is made 
now following the evaluation of the Directive1. Product specific regulations made under the 
Directive remain in force but will be reviewed.  
This initiative is in line with t he Union's energy and climate policy as it updates and makes 
more effective the existing acquis on energy labelling.  
1.3. Consistency with other Union policies  
Energy efficiency labelling improves the free movement of products by ensuring that no 
national energy labels are introduced in Member States. This serves to enhance the 
competitiveness of European companies by encouraging them to innovate, offering a first -
mover advantage, ensuring a level playing field with third country manufacturers via 
increased  market surveillance, and allowing an increase in profit margins on energy efficient 
products that are more expensive at purchase but bring net savings to end -users over the life 
cycle.  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
2.1. Legal  basis  
The proposal is based on Article 194(2) of the Treaty on the Functioning of the European 
Union, which is the legal basis for measures on energy. While it would seem possible for 
Energy Efficiency Labelling to have Article 114 as legal basis (the 1992 Energy La belling 
Directive2 had, in absence of a provision for energy in the Treaty, such a legal basis), there is 
                                                 
1 COM(2015) 143  
2 Council Directive 92/75/EC  EN 3   EN a risk that this could unintentionally limit Member States legislating on provision of 
information on energy -related products that may be complementar y to the energy label3. 
Energy efficiency labelling is limited to energy and resources in the use phase of the product. 
Finally, as the Treaty contains a specific energy legal basis it is considered appropriate to use 
it. 
2.2. Subsidiarity  
The instruments on energy efficiency adopted at EU level reflect the growing importance of 
energy as a political and economic challenge and its close interrelation to the policy areas of 
security of energy supply, climate change, sustainability, environment, internal mark et, and 
economic development. Energy efficiency objectives could so far not be sufficiently achieved 
by Member States alone, and action at Union level is needed to facilitate and support the 
uptake of activities at national level.  
It is essential to ensure a level playing field for manufactures and dealers in terms of the 
energy consumption information supplied to customers in respect of a particular product that 
is for sale across the EU internal market. For this reason EU wide legally binding rules are 
necessary.  
As regards market surveillance, this is an activity which is carried out by the authorities of the 
Member States of the European Union. In order to be effective, the market surveillance effort 
must be uniform across the European Union otherw ise the internal market is undermined and 
there is a disincentive to businesses that invest resources in designing, making and selling 
energy efficient products. The creation of a product database will help make market 
surveillance more effective.  
2.3. Proportionality  
In accordance with the principle of proportionality, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set.  The modifications introduced by the 
Regulation to the existing legislative framework will improve  its clarity and workability. 
Suppliers will be required to enter various information into the new product database but this 
is information which they currently already have to provide to national market surveillance 
authorities on request, so any addition al burden is considered minimal and proportionate to 
the benefit to enforcement and transparency that the product database is expected to bring. 
Further discussion of the proposal's proportionality is provided in Chapter 8 of the Impact 
Assessment.  
2.4. Choice of the instrument  
The proposed change from a Directive to a Regulation takes into account the Commission's 
general objective to simplify the regulatory environment for the Member States and economic 
operators and the need to ensure a uniform applicati on and implementation throughout the 
Union of the proposed legislation.  
 
                                                 
3 E.g. France's consumer protection law on the provision of information on availability of spare parts  EN 4   EN 3. RESULTS  OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS  
3.1. Ex-post evaluation  of existing  legislation  
The Commission carried out an ex -post evaluation of the Energy Labelling Directive and 
specific aspects of the Ecodesign Directive in a Staff Working Document accompanying this 
proposal (SWD(2015) 143). The main findings are the following:  
1. The ecodesign and energy labelling measures in place are effective in  that they bring 
tangible and substantial energy and cost savings.4 
2. There are no obstacles to the free movement of energy -related products in the 
European Union internal market.  
3. Benefits outweigh the costs, both for businesses and for society as a wh ole.5 Energy 
labelling is a principal driver for innovation, alongside consumer demand and 
competitive positioning. The more ambitious the requirements are for the top classes, 
the more they give businesses the opportunity to positively differentiate their  
products, thereby stimulating innovation.  
4. The majority of consumers recognise and understand the energy label, and use it in 
their purchasing decisions.  
5. The introduction of A+ and higher classes under the 2010 Energy labelling Directive 
reduced the effectiveness of the energy label in motivating consumers to buy more 
efficient products.6 Some of the pictograms used to represent other parameters in the 
label are also difficult to understand.  
6. There is a trend towards the purchase of larger products,  which are efficient and thus 
achieve a high energy class, but have much higher absolute energy consumption than 
smaller appliances of the same type.  
7. Weak enforcement by national market surveillance authorities contributes to non -
compliance, reducing t he envisaged energy savings by an estimated 10%. See also 
Section 3.  
                                                 
4 Implementation of the two Directives is estimated to save 175 Mtoe primary energy per year by 2020 
(around 15% of these savi ngs are due to energy labelling measures, bearing in mind that around half of 
product groups are only covered by ecodesign). This corresponds to 19% savings with respect to 
business -as-usual energy use for those products. These policies will deliver almost  half of the 20% 
energy efficiency target by 2020. Dependency on imports of energy would be reduced by 23% and 37% 
for natural gas and coal, respectively. In total, the ecodesign and energy labelling measures in place to 
date are estimated to save end -users of products 100 billion euro per year by 2020 through lower utility 
bills.  
5 While costs of requirements and labelling will fall on manufacturers in the first instance, these are then 
passed through to the end -users (households and other businesses) who benefit from cost savings from 
reduced energy use, which considerably outweigh the upfront purchase costs. Detailed data for the EU 
as a whole are not available. For the UK the benefit to cost ratio has been estimated at 3.8.  
6 The design amendment that us es additional plusses to indicate higher efficiency classes beyond the A 
class is less effective in motivating the purchase of higher efficiency products than the original A to G 
scale. While consumer research shows that the new label scale is understandab le for consumers, it has 
reduced their willingness to pay more for more efficient products, because they are less motivated by a 
difference between A+ and A+++ than by a difference between C and A. More details in London 
Economics & Ipsos Mori, A study on the impact of the energy label – and of potential changes to it – on 
consumer understanding and on purchase decisions, 2014 . EN 5   EN 8. Measures for some products have shown levels of ambition that are too low 
compared to what is technically and economically feasible.  
9. Although some measures have addressed environmen tal impacts other than energy in 
the use phase, potential for further reduction of such impacts exists.7 
10. In terms of efficiency, the rulemaking process is too long (on average 49 months), 
sometimes leading to outdated technical and preparatory work at the time of policy 
decisions, especially for fast developing electronic products.  
11. The two Directives are complementary and their implementation is largely done in a 
coherent way.  
12. For a number of products, the lower classes of the energy label are unpopulated, 
because ecodesign measures have banned low -performing models and manufacturers 
have responded to technological progress by making ever more efficient products. 
Without a full A -G comparison the relevance of the label to consumers is 
undermined . 
13. EU-added value derives from the harmonised regulatory framework bringing down 
costs for manufacturers and making the EU a trendsetter in international regulatory 
and standardisation efforts.  
14. The policy has continued relevance in reaching the EU's  energy efficiency target 
beyond 2020. It can also contribute to resource efficiency and the circular economy.  
15. Consumer information remains essential in the digital era. The energy labelling 
regulations have recently been adapted to show the energy lab el also on the internet.  
16. As regards the contribution of the requirement for advertisements to contain a 
reference to the energy class (article 4(c)), this effect could not be quantified but the 
evaluation found that it did address an information failu re in the market.  
17. The requirements for public procurement (article 9(1)) were already evaluated in 
2011 and, as a result were deleted from the Energy Labelling Directive and taken up 
in modified form in the Energy Efficiency Directive8. 
18. From media coverage in recent years, it is clear that the benefits of the policy have 
not been sufficiently communicated.  
3.2. Stakeholder  consultations  
A public consultation ran from 31 August to 30 November 2013 on the ‘Your voice in 
Europe’ web page. A longer version of the survey targeted interest groups, government bodies 
and experts whilst a shorter survey targeted consumers and individual retailers and 
manufacturers. 138 Responses were received to the longer survey, of which 58 from 
manufacturers and their interest groups, 20 from government bodies, 13 from environmental 
interest groups and 9 from consumer interest groups. 197 Responses were received to the 
shorter survey, of which 127 from consumers, 40 from retailers and 30 from manufacturers. A 
detailed s ummary of the respondents and responses was published in February 20149. 
Three stakeholder meetings were organised: on 27 June 2013, 14 October 2013 and 18 
February 2014. In conjunction with the last contractors' meeting, the Commission organised a 
                                                 
7 E.g. on aspects of reusability, recyclability, and recoverability, recycled content, use of priority 
materials, hazardous substan ces, and durability  
8 Directive 2012/27/EU, OJ L315 of 14.11.2012, p.1  
9 https://ec.europa.eu/energy/sites/ener/files/documents/Background_document_II_ -_Survey_results.pdf  EN 6   EN stakeho lder meeting on 19 February 2014 on the results from testing a preliminary set of 
energy label designs and the proposed energy label designs for further testing.  
3.3. Collection  and use of expertise  
Two studies were specifically commissioned to prepare the  review:  
– A study concerning the evaluation of the Energy Labelling Directive and 
specific aspects of the Ecodesign Directive, completed in June 2014;  
– A study on the impact of the energy label – and of potential changes to it – on 
consumer understanding and  on purchase decisions, completed in October 
2014.  
Both studies were published on the Commission's Europa website10. 
3.4. Impact assessment  
The Impact Assessment (SWD(2015) 139) accompanies this proposal and is published on the 
Commission's Europa website11 together with the favourable opinion of the Regulatory 
Scrutiny Board (SEC(2015) 323) adopted on 16 June 2015.  
As a follow up to the above mentioned evaluation, the impact assessment looks at both a 
number of issues with the current Directive and some spe cific items concering the Ecodesign 
Directive. It favours no legislative follow up for the latter at this stage.  
The two most important issues concerning the Energy Labelling Directive were reduced 
effectiveness of the energy label and non -compliance due to weak enforcement. Long 
rulemaking processes, leading to outdated technical and preparatory work, were also 
identified.  
The final option chosen was to improve the existing regulatory framework on energy 
labelling, to require labelled products to be regis tered in a new database, improve the legal 
structure by changing the current Energy Labelling Directive to a Regulation, to align it with 
the market surveillance regulation12, and to fund EU joint market surveillance actions.  
This proposal implements the le gislative part of the option selected in the Impact Assessment. 
Further non -legislative actions planned to implement that option are outlined in the Report to 
the European Parliament and Council accompanying this proposal.  
3.5. Regulatory  fitness  and simpl ification  
The positive impact on revenues (estimated to be €34 billion/year in 2030) affects larger 
businesses, SMEs and micro sized enterprises in the same way. A different regime for 
micros/SMEs cannot be justified. All retailers should be subject to the  same rules, as energy 
labels are only useful for consumers if all products are labelled in all retail outlets. Few SME 
manufacturers are impacted and no micros. The same rules should apply to all to ensure fair 
competition in the single market and coheren t and consistent information to consumers. 
Consumer savings are estimated at € 10 -30 billion / year in 2030 (depending on assumptions 
on future development of energy prices).  
                                                 
10 http://ec.europa.eu/energy/en/studies?field_associated_topic_tid=45  
11 http://ec.eu ropa.eu/smart -regulation/impact/ia_carried_out/cia_2015_en.htm  
12 In particular with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 
July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of 
products and repealing Regulation (EEC) No 339/93  EN 7   EN The competitiveness of EU companies is enhanced by encouraging them to innovate, offering 
a first -mover advantage, ensuring a level playing field with third country manufacturers via 
increased market surveillance, and allowing an increase in profit margins on efficient products 
that are more expensive at purchase but bring net savings to end -users over the life cycle.  
In terms of administrative costs the total cost for dealers to replace all labels on all products is 
estimated at 10 million euro over a period of ten years for the EU as a whole. For 
manufacturers the costs are estimated at 50 million euro over a period of ten years. Together 
that means a cost of 2 eurocent per labelled product sold. The administrative costs for 
registering products are estimated at 1.5 million euro per year for the entire industry; about 
0.5 eurocent per product sold. The actual cost as a result of requiring registration of products 
will in fact be less or zero, because manufacturers are no longer required to keep technical 
documentation available for market surveillance authorities for five years after th e last 
product was manufactured.  
Manufacturers and dealers can pass these administrative costs on to consumers, for whom 
they are more than offset by the energy savings of the more efficient products they buy as a 
result of the Regulation.  
The proposal is  Internet ready as it includes the setting up of an online product database, 
which will simplify, accelerate and enhance the transmission of product information between 
manufacturers, retailers, market surveillance authorities and the final consumer.  
4. BUDGETARY  IMPLICATIONS   
This proposal replaces an existing Directive on energy labelling and the  administrative impact 
and costs to the Member States is therefore estimated to be moderate as they already have the 
majority of the necessary structures and ru les in place.  
This initiative does not require additional EU budgetary resources. The costs of setting up a 
products database (1.500.000 EUR in 2016 and 150.000 EUR yearly maintenance cost in 
subsequent years) and for consumer understanding studies for lab els for specific product 
groups (300.000 EUR per year from 2017) are financed through reprioritisation of existing 
budget for the implementation of the policy on energy efficiency of products which includes 
technical assistance and/or studies to assess asp ects of product groups necessary for delegated 
acts and support to standardisation. This budget falls under the market uptake and innovation 
parts of the societal challenges of Horizon 2020.  
5. OTHER  ELEMENTS  
5.1. Monitoring,  evaluation  and reporting  arra ngements  
The next evaluation of the Energy Labelling framework is foreseen in 8 years. It should build 
on the ex -post evaluation in product -specific studies reviewing delegated acts adopted under 
this framework, and it should evaluate the effectiveness of the framework in ensuring the free 
movement of goods (e.g. Did the Member States refrain from proposing national energy 
labelling legislation for products?). The reduction of energy consumption and other 
significant environmental impacts of products should  be assessed, especially with regard to 
improvements achieved in the rate of market transformation by rescaled labels. Improvements 
in the rate of market surveillance and of compliance thanks to the product database can be 
assessed through reporting by Mem ber States on the result of market surveillance under the 
market surveillance regulation.  EN 8   EN 5.2. Detailed  explanation  of the specific  provisions  of the proposal  
In the proposal, the objectives and main principles of the current Energy Labelling Directive 
are retained but the proposal clarifies, strengthens and extends the scope of the current 
Directive's provisions by:  
 Updating the label and allowing for rescaling  
 Improving enforcement  
 Creating a database of products covered by energy labelling obligations  
 Making clearer the obligations of the various parties  
 Improving the link between energy labelling and measurement standards  
5.2.1.  Updating the label and and allowing for rescaling  
The success of energy labelling in encouraging the production of ever more en ergy efficient 
products, means that the label is running into its limits. For many product groups, most 
models are now in the top energy classes, making it difficult to distinguish between models. 
Although A+ to A+++ energy efficiency classes were added in  2010, for some product 
groups, all models are already in those new classes and there are no longer any models in the 
lower classes.There is a systematic need to 'rescale' products and to go back to the original A 
to G energy label scale, which studies sug gest is the one best understood by consumers. 
Although the current Directive allows for the possible reclassification of products through 
specific delegated acts, the current proposal deals with the need to rescale the energy labels in 
a much more systemat ic manner. It also makes clear the obligations on supliers and dealers 
during the rescaling and replacement phase.  
The existings labels will be reviewed by the Commission within five years of the entry into 
force of the Regulation, with a view to rescaling  them. The product groups to be addressed 
first will be those where products on the market are concentrated in the top classes. Rescaling 
itself would take place several years after the date of the review.  
Rescaling requires a transition period during which old (before the rescaling) and new 
rescaled labels for the same products would both be present in shops. To minimise any risk of 
confusion for consumers, reduce compliance costs and ensure maximum legal certainty for 
suppliers and dealers, the follow ing approach is envisaged in the draft Regulation:  
1. A delegated act for the rescaled label would be published and come into force 20 days 
later (as is already the case). The delegated act would set the energy requirements so 
that no products currently on th e market would fall into the top energy classes, to 
encourage technological progress and innovation and enable ever more efficient 
products to be recognised. The delegated act would contain a specific date by which 
the 'old' labels would have to be replace d with the rescaled label (the "replacement 
date").  
2. For a period of six months after the coming into force of the delegated act but before 
the replacement date, suppliers would put the rescaled label in the box with the 
product, along with the existing la bel. 
3. At the replacement date, dealers would be required to replace the old label with the 
new one on all products on display in shops. They would have one week to replace all 
labels with the new ones.  
4. For products that were already in the shop before the 6 month transition period started, 
dealers would have to obtain a new label from the supplier (it could also be made 
available on -line for download from the suppliers' websites).  EN 9   EN 5. Member States would be required to run promotional information campaigns to i nform 
consumers of the rescaling exercise.  
This approach is intended to reduce as much as possible the coexistence of the old and new 
labels on products of the same type displayed in shops, making rescaling as practical as 
possible, which in turn increases  the effectiveness of the label, saving energy and costs for 
consumers. It does not require substantial change compared to the current system in terms of 
the main distribution mechanism of the label, which has proved to work so far.  
5.2.2.  Improving enforc ement by creating a database of products covered by energy 
labelling obligations  
In terms of enforcement, overall non -compliance in the market is estimated at 20%, leading to 
some 10% of envisaged energy savings being lost. This weak enforcement results (a t least 
partly) from the difficulty national market surveillance authorities have in accessing technical 
documentation in a timely manner and is exacerbated by a lack of clarity on different model 
numbers used for the same model in different Member States.  The new product registration 
database will allow market surveillance authorities much quicker access to the necessary 
information.  
In addition, a product database will provide up -to-date market data and energy efficiency 
information which will accelerate  the preparatory/review studies and subsequent regulatory 
process, thus shortening the current long regulatory process for delegated acts.  
The need for a registration database seems strong in the case of the Energy Labelling 
Directive, as energy labels mainly cover domestic appliances where the impact of the lack of 
sufficient market surveillance is more prevalent and the number of equivalent models is 
larger.  
In addition to addressing the weaknesses of the current system, the database could in future 
also be used for new ways of distributing energy labels to dealers, since energy labels and 
rescaled labels would be available in such database. The proposal also updates the Directive's 
requirements in terms of providing for electronic supply of labels or f or suppliers to make 
them available on their websites.  
Compared to the existing product information requirements on suppliers, the product 
registration database only creates the new obligation to register the product model by 
uploading information that, un der the current system, is already required under the different 
delegated acts.  
The adminstrative burden for registering products is  estimated at 1.5 million euro per year for 
the entire industry; about 0.5 eurocent per product sold. The actual cost will  in fact be less or 
zero, because suppliers are no longer required to keep technical documentation available for 
market surveillance authorities for five years after the last product was manufactured. At 
present, market surveillance authorities have to req uest the technical documentation from 
suppliers, and dealers have to contact suppliers to obtain labels if they need one for some 
reason. The database will keep both the technical documentation available for market 
surveillance and the labels available for  dealers in a central location.  
5.2.3.  Making clearer the obligations of the various parties  
The proposal regroups the respective obligations on Member States, suppliers and dealers in 
order to make these more coherent and simpler.  
The replacement of the Directive with a Regulation means less administrative burden for 
Member States (although they will still need to remove from their national law measures EN 10   EN taken to transpose Directive 2010/30/EU) and directly applicable requirements for suppliers 
and dealers  which will ensure a complete harmonisation across the EU.  
5.2.4.  Improving the link between energy labelling and measurement standards  
The proposal makes clear that a product which complies with the measurement and 
calculation methods set out in the relev ant harmonised standard will be presumed to comply 
with the relevant provisions of the applicable delegated act.  EN 11   EN 2015/0149 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the  Functioning of the European Union, and in particular 
Article 194(2) thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national Parliaments,  
Having regard to the opinion of the European Economic and Social Committee13, 
Having regard to the opinion of the Committee of the Regions14, 
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(1) The European Union is committed to building an Energy Union with a forward 
looking climate policy. Energy efficiency is a crucial element of the European Union's 
2030 Climate and Energy Policy Framework and is key to moderate energy demand.  
(2) Energy efficiency labelling allows consumers to make informed choices with regard to 
energy consumption of products and thereby promotes innovation.  
(3) Directive 2010/30/EU of the European Parliament and of the Council15 was evaluated 
for its effectiveness16. The evaluation identified the need to update the Energy 
Labelling framework to improve its effectiveness.  
(4) It is appropriate to replace Directive 2010/30/EU by a Regulation  which maintains the 
same scope, but modifies and enhances some of its provisions in order to clarify and 
update their content.  A Regulation is the appropriate legal instrument as it imposes 
clear and detailed rules which do not give room for divergent transposition by Member 
States and ensures thus a higher degree  of harmonisation across the Union . A 
harmonised regulatory framework at Union rather than at Member  State level brings 
down costs for manufacturers and ensures a level playing field. Harmonisation across 
the Union ensures the free movement of goods across  the Single Market.  
(5) Moderating energy demand is recognised as a key action in the European Ener gy 
Security Strategy17. The Energy Union Framework Strategy18 further emphasised the 
                                                 
13 OJ C , , p. .  
14 OJ C , , p. .  
15 OJ L 153, 18.6.2010, p. 1.  
16 COM(2015) 143  
17 COM/2014/330  EN 12   EN energy efficiency first principle and the need to fully implement existing Union energy 
legislation. Its Roadmap provided for a review of the energy efficiency framework for  
products in 2015. This Regulation will improve the legislative and enforcement 
framework for energy labelling.  
(7) Improving the efficiency of energy -related products through informed consumer 
choice benefits the Union economy overall, drives innovation a nd will contribute to 
the achievement of the Union's 2020 and 2030 energy efficiency targets. It will also 
allow consumers to save money.  
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative 
target at Union level of at le ast 27% for improving energy efficiency in 2030 
compared to projections of future energy consumption. This target will be reviewed by 
2020 having in mind an Union level of 30%. They also set a binding EU target of at 
least 40% domestic reduction in greenho use gas emissions by 2030 compared to 1990, 
including a 30% reduction of emissions in non -ETS sectors.  
(9) The provision of accurate, relevant and comparable information on the specific energy 
consumption of energy -related products facilitates the customer 's choice in favour of 
those products which consume less energy and other essential resources during use. A 
standardised mandatory label is an effective mean to provide potential customers with 
comparable information on the energy consumption of energy -related products. It 
should be supplemented with a product information sheet. The label should be easily 
recognisable, simple and concise. To this end the existing dark green to red colour 
scale of the label should be retained as the basis to inform customers  about the energy 
efficiency of products. A classification using letters from A to G has shown to be most 
effective for customers. In situations where because of ecodesign measures under 
Directive 2009/125/EC products can no longer fall into classes 'F' or  'G', those classes 
should not be shown on the label. For exceptional cases this should also be extended to 
the 'D' and 'E' classes, although this situation is unlikely to occur given that the label 
would be rescaled once a majority of product models falls  into the top two classes.  
(10) Advances in digital technology allow for alternative ways of delivering and displaying 
labels electronically, such as on the internet, but also on electronic displays in shops. 
In order to take advantage of such advances, th is Regulation should allow the use of 
electronic labels as replacement of or complementary to the physical energy label. In 
cases where it is not feasible to display the energy label, such as certain forms of 
distance selling and in advertisements and tech nical promotional material, potential 
customers should be provided at least with the energy class of the product.  
(11) Manufacturers respond to the energy label by creating ever more efficient products. 
This technological development leads to products pop ulating mainly the highest 
classes of the energy label. Further product differentiation may be necessary to allow 
customers a proper comparison, leading to the need to rescale labels. For the frequency 
of such rescaling a timescale of approximately ten yea rs would be appropriate, taking 
into account the need to avoid over burdening manufacturers. This Regulation should 
therefore lay down detailed arrangements for rescaling in order to maximise legal 
certainty for suppliers and dealers. A newly rescaled labe l should have empty top 
classes to encourage technological progress and enable ever more efficient products to 
be developed and recognised. When a label is rescaled, confusion to customers should 
be avoided by replacing all energy labels within a short tim eframe.  
                                                                                                                                                         
18 COM(2015) 80 final  EN 13   EN (12) In the case of a rescaled label, suppliers should provide both the old and the rescaled 
labels to dealers during a certain period. The replacement of the existing labels on 
products on display, including on the Internet, with the rescaled labe ls should take 
place as quickly as possible after the date of replacement specified in the delegated act 
on the rescaled label. Dealers should not display the rescaled labels before the date of 
replacement.  
(13) It is necessary to provide for a clear and p roportionate distribution of obligations 
corresponding to the role of each operator in the supply and distribution process. 
Economic operators should be responsible for compliance in relation to their 
respective roles in the supply chain and should take ap propriate measures to ensure 
that they only make available on the market products which are in conformity with this 
Regulation and its delegated acts.  
(14) In order for customers to retain trust in the energy label, other labels that mimic the 
energy label  should not be allowed to be used for energy -related products. Additional 
labels, marks, symbols or inscriptions that are likely to mislead or confuse customers 
with respect to the consumption of energy should not be allowed either.  
(15) In order to ensure  legal certainty, it is necessary to clarify that rules on Union market 
surveillance and control of products entering the Union market provided for in 
Regulation (EC) No 765/2008 of the European Parliament and of the Council19 apply 
to energy -related produc ts. Given the principle of free movement of goods, it is 
imperative that the market surveillance authorities of the Member States cooperate 
with each other effectively. Such cooperation on energy labelling should be reinforced 
through support by the Commis sion.  
(16) In order to facilitate the monitoring of compliance and to provide up -to-date market 
data for the regulatory process on revisions of product -specific labels and information 
sheets, suppliers should provide their product compliance information el ectronically in 
a database established by the Commission. The information should be made publicly 
available to provide information for customers and to allow for alternative ways for 
dealers to receive labels. Market surveillance authorities should have ac cess to the 
information in the database.  
(17) The penalties applicable to infringements of the provisions of this Regulation and 
delegated acts adopted under it should be effective, proportionate and dissuasive.  
(18) In order to promote energy efficiency, climate mitigation and environmental 
protection, Member States should be able to create incentives for the use of energy 
efficient products. Member States are free to decide on the nature of such incentives. 
Such incentives should comply with Union State a id rules and should not constitute 
unjustifiable market barriers. This Regulation does not prejudice the outcome of any 
future State aid procedure that may be undertaken in accordance with Articles 107 and 
108 of the Treaty on the Functioning of the Europe an Union in respect of such 
incentives.  
(19) Energy consumption and other information concerning the products covered by 
product -specific requirements under this Regulation should be measured by using 
reliable, accurate and reproducible methods that take i nto account the generally 
recognised state -of-the-art measurements and calculation methods. It is in the interests 
of the functioning of the internal market to have standards which have been 
                                                 
19 OJ L 218, 13.8.2008, p. 30.  EN 14   EN harmonised at Union level. In the absence of published standards at the time of 
application of product -specific requirements the Commission should publish in the 
Official Journal of the European Union transitional measurement and calculation 
methods in relation to those product -specific requirements. Once a reference to  such a 
standard has been published in the Official Journal of the European Union  compliance 
with it should provide a presumption of conformity with measurement methods for 
those product -specific requirements adopted on the basis of this Regulation.  
(20) The Commission should provide a working plan for the revision of labels of particular 
products including an indicative list of further energy -related products for which an 
energy label could be established. The working plan should be implemented starting 
with a technical, environmental and economic analysis of the product groups 
concerned. This analysis should also look at supplementary information including the 
possibility and cost to provide consumers with information on the performance of an 
energy -relate d product, such as its absolute energy consumption, durability or 
environmental performance, in coherence with the objective to promote a circular 
economy. Such supplementary information should improve the intelligibility and 
effectiveness of the label tow ards consumers and should not lead to any negative 
impact on consumers.  
(21) In order to establish product -specific labels and information sheets and operational 
details relating to the product database, the power to adopt acts in accordance with 
Article 2 90 on the Treaty on the Functioning of the European Union should be 
delegated to the Commission. It is of particular importance that the Commission carry 
out appropriate consultations during its preparatory work, including at expert level and 
with the Cons ultation Forum.  
(22) This Regulation should be without prejudice to the obligations of the Member States 
relating to the time -limits for transposition into national law and application of 
Directive 2010/30/EU.  
(23) Directive 2010/30/EU should therefore be repealed.  
HAVE ADOPTED THIS REGULATION:  
Article 1  
Subject matter and scope  
1. This Regulation lays down a framework on the indication by labelling and standard 
product information of the consumption of energy and other resources by energy -
related products during use and supplementary information concerning energy -
related products in order to allow customers to choose more efficient products.  
2. This Regulation shall not apply to:  
(a) Second hand products;  
(b) Means of transport for persons or goods other than thos e operated by a 
stationary motor.  
Article 2  
Definitions  
For the purposes of this Regulation the following definitions apply:  EN 15   EN (1) 'Customer' means any natural or legal person who buys or hires a product covered by 
this Regulation for his own use whether or not acting for purposes which are outside 
his trade, business, craft or profession;  
(2) 'Placing on the market' means the first makin g available of a product on the Union 
market;  
(3) 'Making available on the market' means any 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;  
(4) 'Putting into service' means the first use of a product for its intended purpose on the 
Union market;  
(5) ‘Supplier’ means the manufacturer in the Union, the authorised representative of a 
manufacturer who is not established  in the Union, or the importer, who places 
product s covered by this Regulation on the market within the Union;  
(6) 'Manufacturer' means any natural or legal person who manufactures an energy -
related product or has a product designed or manufactured, and markets that energy -
related product under his name or tr ademark;  
(7) 'Authorised representative' means any natural or legal person established in the 
Union who has received a written mandate from the manufacturer to act on his behalf 
in relation to specified tasks;  
(8) 'Importer' means any natural or legal person estab lished in the Union who places an 
energy -related product from a third country on the Union market;  
(9) ‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or 
displays products to customers;  
(10) 'Distance selling' means sale, hire o r hire purchase by mail order, catalogue, Internet, 
telemarketing or any other method where the potential end user cannot be expected 
to see the product displayed;  
(11) ‘Energy -related product’ means any good or system or service with an impact on 
energy consum ption during use, which is placed on the market and put into service in 
the Union, including parts to be incorporated into energy -related products which are 
placed on the market and put into service;  
(12) ‘Harmonised standard’ means a European standard as defin ed in Article 2(1)(c) of 
Regulation (EU) No 1025/201220; 
(13) ‘Label’ means a graphic diagram including a classification using letters from A to G 
in seven different colours from dark green to red in order to show consumption of 
energy;  
(14) 'Model' means a version o f a product of which all units share the same technical 
characteristics relevant for the label and the product information sheet and share the 
same model identifier;  
(15) 'Model identifier' means the code, usually alphanumeric, which distinguishes a 
specific pr oduct model from other models with the same trade mark or supplier’s 
name;  
                                                 
20 Regulation (EU) No 1025/2012 of the European  Parliament and of the Council on European 
standardisation (OJ L 316, 14.11.2012, p.12).  EN 16   EN (16) 'Equivalent model' means a model placed on the market by the same supplier and 
with the same label and product information as another model, but with a different 
model identifier;  
(17) 'Product information sheet' means a standard table of information relating to a 
product;  
(18) 'Rescale' means a periodic exercise to make more stringent the requirements for 
achieving the energy class on a label for a particular product, which, for existing 
labels may imply the deletion of certain energy classes;  
(19) 'Rescaled label' means a label for a particular product that has undergone a rescaling 
exercise.  
(20) 'Supplementary information' means information on the functional and environmental 
performance of an energy -related product, such as its absolute energy consumption 
or durability, which is based on data that are measurable by market surveillance 
authorities, is unambiguous and has no significant negative impact on the clear 
intelligibility and effectivene ss of the label as a whole towards customers.  
Article 3  
Obligations  of suppliers' and dealers'  
1. Suppliers shall comply with the following:  
(a) they shall ensure that products placed on the market are provided, free of 
charge, with accurate labels and product  information sheets in accordance with 
this Regulation and the relevant delegated acts;  
(b) they shall deliver labels promptly and free of charge on request from dealers;  
(c) they shall ensure the accuracy of the labels and product information sheets that 
they pr ovide and produce technical documentation sufficient to enable the 
accuracy to be assessed;  
(d) they shall, prior to placing a product model on the market, enter into the 
product database established in accordance with Article 8 the information 
detailed in Ann ex I. 
2. Dealers shall comply with the following:  
(a) they shall display in a visible manner the label provided by the supplier or 
otherwise made available for a product covered by a delegated act;  
(b) they shall, where they do not have a label or a rescaled label;  
(i) request the label or a rescaled label from the supplier;  
(ii) print out the label from the product database established in accordance 
with Article 8 if that function is available for that  product; or  
(iii) print out the label or a rescaled label from the supplier's website if that 
function is available for that product.  
(c) they shall make available to customers the product information sheet.  
3. Suppliers and dealers shall comply with the fol lowing:  
(a) they shall make reference to the energy efficiency class of the product in any 
advertisement or technical promotional material for a specific model of 
products in accordance with the relevant delegated act;  EN 17   EN (b) they shall cooperate with market surveill ance authorities and take immediate 
action to remedy any situation of non -compliance with the requirements set out 
in this Regulation and its delegated acts falling under their responsibility, at 
their own initiative or when required to do so by market sur veillance 
authorities;  
(c) they shall not, for products covered by this Regulation, provide or display other 
labels, marks, symbols or inscriptions which do not comply with the 
requirements of this Regulation and of the relevant delegated acts, if this is 
likely to mislead or confuse customers with respect to the consumption of 
energy or other resources during use;  
(d) they shall, for products not covered by this Regulation, not supply or display 
labels which mimic the label as defined in this Regulation.  
Article 4  
Obligations  of Member States  
1. Member States shall not prohibit, restrict or impede the placing on the market or 
putting into service, within their territories, of energy -related products which comply 
with this Regulation and its relevant delegated acts.  
2. Member States shall take all appropriate measures to ensure that suppliers and 
dealers comply with the obligations and requirements of this Regulation and of the 
relevant delegated acts.  
3. Where Member States provide any incentives for an energy -related product covered 
by this Regulation and specified in a delegated act, these shall aim at the highest 
class of energy efficiency laid down in the applicable delegated act.  
4. Member States shall ensure that the introduction of labels including rescaled la bels 
and product information sheets is accompanied by educational and promotional 
information campaigns aimed at promoting energy efficiency and more responsible 
use of energy by customers, if appropriate in cooperation with dealers.  
5. Member States shall  shall lay down the rules on penalties and enforcement 
mechanisms applicable to infringements of the provisions of this Regulation and its 
delegated acts, and shall take all measures necessary to ensure that they are 
implemented. The penalties must be effe ctive, proportionate and dissuasive. Member 
States shall notify those provisions to the Commission by the date of application of 
this Regulation and shall notify without delay any subsequent amendment affecting 
them.  
Article 5  
Union market  surveillance and  control of energy -related products entering the Union 
market  
1. Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to energy -related 
products covered by this Regulation and its delegated acts.  
2. The Commission shall support cooperation and exch ange of information on market 
surveillance of energy labelling of products among national authorities of the 
Member States responsible for market surveillance or external border controls and 
between such authorities and the Commission.  EN 18   EN Article 6  
Union safeguard procedure  
1. Where the market surveillance authorities of one Member State have sufficient 
reason to believe that an energy -related product covered by a delegated act under this 
Regulation presents a risk to aspects of public interest protection covered by this 
Regulation, they shall carry out an evaluation in relation to the energy -related 
product concerned covering all the requirements laid down in this Regulation and its 
relevant delegated acts. The supplier shall cooperate as necessary with th e market 
surveillance authorities for that purpose.  
2. Where, in the course of that evaluation, the market surveillance authorities find that 
the energy -related product does not comply with the requirements laid down in this 
this Regulation and its relevan t delegated acts, they shall without delay require the 
supplier to take all appropriate corrective action to bring the energy -related product 
into compliance with those requirements, to withdraw the energy -related product 
from the market, or to recall it w ithin a reasonable period, commensurate with the 
nature of the risk, as they may prescribe. Article 21 of Regulation (EC) No 765/2008 
shall apply to the measures referred to in this paragraph.  
3. Where the market surveillance authorities consider that non -compliance is not 
restricted to their national territory, they shall inform the Commission and the other 
Member States of the results of the evaluation and of the actions which they have 
required the supplier to take.  
4. The supplier shall ensure that all appropriate corrective action is taken in respect of 
all the energy -related products concerned that it has made available on the market 
throughout the Union.  
5. Where the supplier does not take adequate corrective action within the period 
referred to in th e paragraph 2, the market surveillance authorities shall take all 
appropriate provisional measures to prohibit or restrict the energy -related product's 
being made available on their national market, to withdraw the energy -related 
product from that market o r to recall it. The market surveillance authorities shall 
inform the Commission and the other Member States, without delay, of those 
measures.  
6. The information referred to in the paragraph 5 shall include all available details, in 
particular the data nec essary for the identification of the non -compliant energy -
related product, the origin of the energy -related product, the nature of the non -
compliance alleged and the risk involved, the nature and duration of the national 
measures taken and the arguments pu t forward by the supplier. In particular, the 
market surveillance authorities shall indicate whether the non -compliance is due to 
either failure of the energy -related 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 9 conferring a presumption of 
conformity.  
7. Member States other than the Member State initiating the procedure shall without 
delay inform the Commission and the other Me mber States of any measures adopted 
and of any additional information at their disposal relating to the non -compliance of 
the energy -related product concerned, and, in the event of disagreement with the 
notified national measure, of their objections.  EN 19   EN 8. Where, within 60 days of receipt of the information referred to in paragraph 5, no 
objection has been raised by either a Member State or the Commission in respect of a 
provisional measure taken by a Member State, that measure shall be deemed 
justified.  
9. Member States shall ensure that appropriate restrictive measures, such as withdrawal 
of the energy -related product from their market, are taken in respect of the energy -
related product concerned, without delay.  
10. Where, on completion of the procedure set o ut in paragraphs 4 and 5, objections are 
raised against a measure taken by a Member State, or where the Commission 
considers a national measure to be contrary to Union legislation, the Commission 
shall without delay enter into consultation with the Member States and the supplier 
and shall evaluate the national measure. On the basis of the results of that evaluation, 
the Commission shall decide whether the national measure is justified or not.  
11. The Commission shall address its decision to all Member State s and shall 
immediately communicate it to them and the supplier.  
12. If the national measure is considered justified, all Member States shall take the 
measures necessary to ensure that the non -compliant energy -related product is 
withdrawn from their market , and shall inform the Commission accordingly. If the 
national measure is considered unjustified, the Member State concerned shall 
withdraw the measure.  
13. Where the national measure is considered justified and the non -compliance of the 
energy -related pro duct is attributed to shortcomings in the harmonised standards 
referred to in paragraph 6, the Commission shall apply the procedure provided for in 
Article 11 of Regulation (EU) No 1025/2012.  
Article 7  
Labels and rescaling  
1. The Commission may, by means of delegated acts adopted pursuant to Articles 12 
and 13, introduce labels or rescale existing labels.  
2. When, for a given product group, no models belonging to energy classes D, E, F or G 
are allowed to be placed on the market any more because of an impl ementing 
measure adopted under Directive 2009/125/EC, the class or classes in question shall 
no longer be shown on the label.  
3. The Commission shall ensure that, when a label is introduced or rescaled, the 
requirements are laid down so that no products ar e expected to fall in energy classes 
A or B at the moment of the introduction of the label and so that the estimated time 
within which a majority of models falls into those classes shall be at least ten years 
later.  
4. Labels shall be re -scaled periodical ly. 
5. When a label is rescaled:  
(a) suppliers shall provide both the current and the rescaled labels to dealers for a 
period of six months before the date specified in paragraph (b).  
(b) dealers shall replace the existing labels on products on display including on the 
Internet with the rescaled labels within one week following the date specified EN 20   EN for that purpose in the relevant delegated act. Dealers shall not display the 
rescaled labels before that date.  
6. Labels introduced by delegated acts adopted in accordan ce with Article 10 of 
Directive 2010/30/EU before the date of application of this Regulation shall be 
considered as labels for the purposes of this Regulation. The Commission shall 
review those labels within five years of the entry into force of this Regul ation with a 
view to rescaling them.  
Article 8  
Product database  
The Commission shall establish and maintain a product database including the information 
referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly 
availabl e. 
Article 9  
Harmonised standards  
After the adoption of a delegated act under this Regulation setting specific labelling 
requirements adopted in accordance with Article 13 of this Regulation, the Commission shall, 
in accordance with Regulation (EU) No 1025 /201221, publish references to harmonised 
standards that satisfy the relevant measurement and calculation requirements of the delegated 
act in the Official Journal of the European Union . 
When during the conformity assessment of a product such harmonised sta ndards are applied, 
the product shall be deemed to comply with the relevant measurement and calculation 
requirements of the delegated act.  
Article 10  
Consultation  
In the conduct of its activities under this Regulation the Commission shall ensure in respect of 
each delegated act, a balanced participation of Member States’ representatives and interested 
parties concerned with the product group in question, such as industry, including SMEs and 
craft industry, trade unions, traders, retailers, importers, environmental protection groups and 
consumer organisations. For this purpose, the Commission shall establish a Consultation 
Forum in which these parties shall met. This Consultation Forum may be combined with the 
Consultation Forum referred to i n Article 18 of Directive 2009/125/EC.  
Where appropriate prior to the adoption of delegated acts, the Commission shall test the 
design and content of the labels for specific product groups with consumers to ensure their 
clear understanding of the labels.  
Article 11  
Working plan  
The Commission shall, having consulted the Consultation Forum referred to in Article 10, 
establish a working plan which shall be made publicly available. The working plan shall set 
out an indicative list of product groups which are considered as priorities for the adoption of 
delegated acts. The working plan shall also set out plans for the revision and rescaling of 
                                                 
21 OJ L 316, 14.11.2012, p12  EN 21   EN labels of products or product groups. The working plan may be amended periodically by the 
Commission after consultation  with the Consultation Forum. The working plan may be 
combined with the working plan required by Article 16 of Directive 2009/125/EC.  
Article 12  
Delegated Acts  
1. The Commission shall be empowered to adopt delegated acts concerning detailed 
requirements re lating to labels for specific groups of energy -related products 
('specific product groups') in accordance with Article 13.  
2. Delegated acts shall specify product groups which satisfy the following criteria:  
(a) according to the most recently available figures  and considering the quantities 
placed on the Union market, the product group shall have significant potential 
for saving energy and where relevant, other resources;  
(b) product groups with equivalent functionality shall differ significantly in the 
relevant pe rformance levels;  
(c) there shall be no significant negative impact as regards the affordability and the 
life cycle cost of the product group.  
3. Delegated acts relating to specific product groups shall specify in particular:  
(a) the definition of the specific pr oduct groups falling under the definition of 
'energy -related product' set out in Article 2(11) which are to be covered;  
(b) the design and content of the label, including a scale showing consumption of 
energy consisting of A to G, which as far as possible shal l have uniform design 
characteristics across product groups and shall in all cases be clear and legible;  
(c) where appropriate, the use of other resources and supplementary information 
concerning energy related products, in which case the label shall emphasise  the 
energy efficiency of the product;  
(d) the locations where the label shall be displayed, such as attached to the 
product, printed on the packaging, provided in electronic format or displayed 
on line;  
(e) where appropriate, electronic means for labelling produ cts; 
(f) the manner in which the label and technical information are to be provided in 
the case of distance selling;  
(g) the content and, where appropriate, the format and other details concerning the 
technical documentation and product information sheet;  
(h) that wh en verifying compliance with the requirements, only those verification 
tolerances that are set out in the delegated act(s) shall apply;  
(i) the obligations on suppliers and dealers in relation to the product database;  
(j) the specific indication of the energy clas s to be included in advertisements and 
technical promotional material, including requirements for this to be in a 
legible and visible form;  
(k) the conformity assessment procedures and the measurement and calculation 
methods to be used to determine label and p roduct information sheet 
information;  EN 22   EN (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 mo re detailed information on the product 
performance included in the product information sheet;  
(n) whether and how energy classes describing the product's energy consumption 
during use should be shown on smart meters or on the product's interactive 
display;  
(o) the date for the evaluation and possible revision of the delegated act.  
For the content of the label as referred to in point (b) of the first subparagraph, the A -
G steps of the classification shall correspond to significant energy and cost savings 
from the customer's perspective.  
For the format of references referred to in point (m) of the first subparagraph, those 
references may take the form of a website address, a Quick Response (QR) code, a 
link on on -line labels or any other appropriate consumer -oriente d means.  
The introduction of a label for a product to be covered by a delegated act shall not 
have a significant negative impact on the functionality of the product from the 
perspective of the user.  
The Commission shall be empowered to adopt delegated acts  regarding operational 
details relating to the product database, including any obligations on suppliers and 
dealers in accordance with Article 13.  
Article 13  
Exercise of the delegation  
1. The power to adopt delegated acts is conferred on the Commission su bject to the 
conditions laid down in this Article.  
2. The delegation of power referred to in Articles 7 and 12 shall be conferred on the 
Commission for an indeterminate period of time from the date of application of this 
Regulation.  
3. This delegation of p ower referred to in Articles 7 and 12 may be revoked at any time 
by the European Parliament or by the Council. A decision to revoke shall put an end 
to the delegation of the power specified in this Regulation. It shall take effect the day 
following the pub lication of the decision in the Official Journal of the European 
Union or at a later date specified therein. It shall not affect the validity of any 
delegated acts already in force.  
4. As soon as it adopts a delegated act, the Commission shall notify it s imultaneously to 
the European Parliament and to the Council.  
5. A delegated act adopted pursuant to Articles 7 and 12 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within a period of two mo nths of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the Council have both informed the Commission that they will not object. That 
period may be extended by two mon ths at the initiative of the European Parliament 
or of the Council.  EN 23   EN Article 14  
Evaluation  
No later than eight years after the entry into force, the Commission shall assess the 
application of this Regulation and transmit a report to the European Parliament and the 
Council. That report shall assess how effectively this Regulation has allowed customers to 
choose more efficient products, taking into account its impacts on business.  
Article 15  
Repeal  
Directive 2010/30/EU is repealed with effect from 1 January 2017.  
References to Directive 2010/30/EU shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table set out in Annex II.  
Article 16  
Entry into force  
This Regulation shall enter into force on the day foll owing that of its publication in the 
Official Journal of the European Union . 
It shall apply from 1 January 2017.  
However, Article 3(1)(d) shall apply from 1 January 2019.  
This Regulation shall be binding in its entirety and directly applicable in all Memb er States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The PresidentEN 24   EN LEGISLATIVE FINANCIAL STATEMENT  
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
 1.1. Title of the proposal/initiative  
 1.2. Policy area(s) con cerned in the ABM/ABB structure  
 1.3. Nature of the proposal/initiative  
 1.4. Objective(s)  
 1.5. Grounds for the proposal/initiative  
 1.6. Duration and financial impact  
 1.7. Management mode(s) planned  
2. MANAGEMENT  MEASURES   
 2.1. Monitoring and reporting rules  
 2.2. Management and control system  
 2.3. Measures to prevent fraud and irregularities  
3. ESTIMATED  FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
 3.1. Heading(s) of the multiannual financial framework and expenditure budge t 
line(s) affected  
 3.2. Estimated impact on expenditure   
 3.2.1.  Summary of estimated impact on expenditure  
 3.2.2.  Estimated impact on operational appropriations  
 3.2.3.  Estimated impact on appropriations of an administrative nature  
 3.2.4.  Compatibil ity with the current multiannual financial framework  
 3.2.5.  Third -party contributions  
 3.3. Estimated impact on revenueEN 25   EN LEGISLATIVE FINANCIAL STATEMENT  
1. FRAMEWORK  OF THE  PROPOSAL/INITIATIVE   
1.1. Title of the proposal/initiative  
Proposal for a Regulation of the European Parliament and of the Council setting a 
framework for energy efficiency labelling and repealing Directive 2010/30/EU  
1.2. Policy area(s) concerned in the ABM/ABB structure22  
Title 32 – Energy  
32 04 Horizon 2020 – Research and innovation related to energy  
1.3. Nature of the proposal/initiative  
The proposal/initiative relates to the extension of an existing action   
1.4. Objective(s)  
1.4.1.  The Commission's multiannual strategic objective(s) targeted by the 
proposal/ initiative  
Energy Union  
1.4.2.  Specific objective(s) and ABM/ABB activity(ies) concerned  
Specific objective  
Promoting the moderation of energy demand.  
ABM/ABB activity(ies) concerned  
ABB 2: Research and innovation activities related to energy  
                                                 
22 ABM: activity -based management; ABB: activity -based budgeting.  EN 26   EN 1.4.3.  Expected result(s) and impact  
The expected result of this initiative is to improve the framework of energy 
efficiency labelling in the Union, which at present is not optimal in terms of 
effectiveness for consumers, compliance and level of ambition.  
This propo sal will enhance the protection of consumers and other users of energy -
related products through more effective energy labels and enforcement.  
The proposal will have an impact on economic operators who will have to continue 
to provide and display energy lab els and provide information for market surveillance, 
though the latter through different channels.  
The proposal will have an impact on national authorities who will be better equipped 
for their market surveillance actions.  
1.4.4.  Indicators of results and  impact  
Share of products of A -class, B -class etc. on the energy label  
Share of non -compliant products found by market surveillance actions  
1.5. Grounds for the proposal/initiative  
1.5.1.  Requirement(s) to be met in the short or long term  
The general objective of this initiative is to ensure the functioning of the internal 
market through the free movement of goods that ensure a high level of environmental 
and consumer protection.  
1.5.2.  Added value of EU involvement  
The objective of reducin g negative environmental impacts of products, in particular 
energy use, cannot be sufficiently achieved by the Member States, because this 
would lead to divergent national provisions and procedures (while having similar 
objectives) that would generate undu e costs for industry (and eventually consumers) 
and constitute obstacles to the free movement of goods within the EU. Only through 
harmonised EU rules on energy labelling and underlying measurements and testing 
can it be ensured that the same model of a pr oduct has the same published energy 
class throughout the EU.  
In the absence of EU legislation, it is likely that all Member States would introduce 
energy labels for some product groups, because of consumer protection and to 
achieve energy savings. Acting at the EU level is the only way to ensure that labels 
for products placed on the market are equal in all Member States, thereby ensuring 
the functioning of the Internal Market underpinned by Article 26 of the Treaty on the 
Functioning of the European Union . 
1.5.3.  Lessons learned from similar experiences in the past  
Although the EU has achieved a single market for energy labels, the labels need 
updating because to the technological progress many models will reach the highest 
classes, providing no differenta tion for consumers. In the revision of the Energy 
Labelling Directive in 2010 the addition of A+, A++ and A+++ classes to the A -G 
label scale was meant to address this issue. Review has shown that these classes are 
less effective on consumers than the orig inal A -G scale. Therefore, this proposal 
tackles this problem by going back to the A -G label and periodically rescaling it.  EN 27   EN Market surveilance authorities have been checking compliance with energy label 
requirements. However, non -compliance still leads to a loss of appoximately 10% of 
envisaged energy savings (and cost savings for consumers). The Commission's 
proposal for a new market surveillance regulation (COM(2013)75) aimed to address 
such challenges for EU harmonisation legislation on products. However , market 
surveilance authorities in the area of energy labelling face problems that are not 
resolved by that proposal: timely access to technical documentation, problems of 
identification and contact information of foreign manufacturers, and no central 
system to identify equivalent models that may already have been inspected by other 
market surveillance authorities. Further, determining the appropriate label class 
requirements for each product group has been difficult for the Commission, because 
of a lack o f recent public data on energy performance of products. Thresholds for the 
new label classes A+, A++ and A+++ were for many products set less ambitious than 
in hindsight should have been, which leads to earlier need for revisions than 
evisaged. In order to  avoid frequent revision and rescaling it is essential to have up to 
date data. This proposal tackles both these problems by establishing a product 
registration database in which manufacturers provide their performance and 
compliance data in a central loca tion, accessible to the market surveillance 
authorities and the Commission.  
1.5.4.  Compatibility and possible synergy with other appropriate instruments  
This initiative is coherent with the Ecodesign Directive 2009/125/EC, which sets 
minimum requirements f or energy -related products, some of which also bear an 
energy label. In particular, this initiative ensures a common work plan and 
consultation process for stakeholders for the work on product -specific regulations.  
This initiative is coherent with the mark et surveillance regulation (EC) No 765/2008, 
in particular removing overlapping provisions from the energy labelling legislation 
that are already included in the market surveillance regulation for all EU 
harmonisation legislation.  
The proposed product regi stration database allows for synergies with other EU 
harmonisation legislation for which such databases are established or may be 
established in future (in particular Directive 2014/53/EU on the harmonisation of the 
laws of the Member States relating to th e making available on the market of radio 
equipment).  EN 28   EN 1.6. Duration and financial impact  
Proposal/initiative of unlimited duration  
– Implementation with a start -up period from 07/2016  
– followed by full -scale operation.  
1.7. Management mode(s) planned23  
Direct management  by the Commission  
– by its departments, including by its staff in the Union delegations;  
Comments  
This initiative does not require additional budgetary resources. The proposed energy -related 
products registration database (estimated budget o f 1.500.000 EUR in 2016 plus 150.000 
EUR maintenance per year in the following years) will be financed by reprioritisation of 
resources foreseen for the implementation of the policy on energy efficiency of products in 
the context of market uptake and innov ation under Societal challenges of Horizon 2020 (in 
the past under Intelligent Energy Europe). These resources amount to 2.500.000 EUR in the 
year 2015 for all energy efficiency of products policy combined (energy labelling, ecodesign, 
energy star and labe lling of tyres). An estimated 700.000 EUR of that relate to technical 
assistance and studies concerning energy labelling (notably preparatory studies providing the 
basis for regulation of new product groups or revisions of regulations) and is expected to 
remain necessary in future years. As a result of this proposal an additional 300.000 EUR per 
year is necessary from 2017 for consumer understanding studies for labels of specific product 
groups, as proposed in this regulation. That leaves sufficient room wi thin the overall 
combined resources for energy efficiency of products policy to cover the costs of the product 
registration database. The availability of the data in the product registration database will 
mean that the costs for preparatory studies for eco design on products that are also covered by 
energy labelling will be reduced since less data collection is necessary in those studies.  
The proposed budgetary impact is within the envelope foreseen in the DB 2016 and in the 
financial programming for the yea rs 2017 -2020 for budget line 32 04 03 01.  
Section 3.2.2. sets out the above -mentioned figures in the multi -annual context.  
                                                 
23 Details of management modes and references to the Financial Regulation m ay be found on the 
BudgWeb site: http://ec.europa.eu/budget/index_en.cfm  EN 29   EN 2. MANAGEMENT  MEASURES   
2.1. Monitoring and reporting rules  
The Consultation Forum will be the platform for  discussions regarding the proper 
implementation of the proposed regulation.  
A final provision also proposes that the Commission makes an evaluation and drafts 
a report regarding the implementation eight years after its entry into force. This 
should identi fy possible problems and shortcomings of the Regulation and could be 
the starting point for further actions, including a possible proposal to amend it.  
2.2. Management and control system  
2.2.1.  Risk(s) identified  
The set -up of a database for the registra tion of products for an estimated budget of 
1.500.000 EUR (and 150.000 EUR maintenance per year).  
The risks related to the functioning of the product registration database relate mainly 
to IT -related probems, such as a possible breakdown of the system and 
confidentiality issues.  
2.2.2.  Information concerning the internal control system set up  
The control methods envisaged are laid down in the Financial Regulation and Rules 
of Application.  
2.3. Measures to prevent fraud and irregularities  
No specific measures beyond the application of the Financial Regulation  
3. ESTIMATED  FINANCIAL  IMPACT  OF THE  PROPOSAL/INITIATIVE   
3.1. Heading(s) of the multiannual financial framework and expenditure budget 
line(s) affected  
 Existing budget lines  
In order  of multian nual financial framework headings and budget lines.  
Heading of 
multiannual 
financial 
framework  Budget line  Type of  
expenditure  Contribution  
Number  
[Heading………………….……………]  Diff./Non -
diff.24 from 
EFTA 
countries
25 
 from 
candidate 
countries26 
 from third 
countries  within the 
meaning of 
Article  21(2)(b) of 
the Financial 
Regulation  
1a 
Competit
iveness 
for 
growth 32 04 03 01  
Horizon2020 – Research and  innovation 
related to energy, Societal challenges - 
Making the transition to a reliable, sustainable Diff YES  NO YES  NO 
                                                 
24 Diff. = Differentiated appropriations / Non -diff. = Non -differentiated appropriations.  
25 EFTA: European Free Trade Association.  
26 Candidate countries and, where applicable,  potential candidate countries from the Western Balkans.  EN 30   EN and jobs  and competitive energy system  
5 
Administ
ration  32 01 01  
Expenditure related to officials and temporary 
staf in the 'Energy' policy area Non-diff. NO NO NO NO 
5 
Administ
ration  32 01 02  
External personnel and other management 
expenditure in support of the 'Energy' policy 
area Non-diff. NO NO NO NO 
 New budget lines requested  
In order  of multiannual financial framework headings and budget lines.  
Heading of 
multiannual 
financial 
framework  Budget line  Type of  
expenditure  Contribution  
Number  
[Heading………………………………]  Diff./Non -
diff. from 
EFTA 
countries  from 
candidate 
countries  from third 
countries  within the 
meaning of 
Article  21(2)(b) of 
the Financial 
Regulation  
        
EN 31   EN 3.2. Estimated impact on expenditure  
3.2.1.  Summary of estimated impact on expenditure  
EUR million (to three decimal places)  
Heading of multiannual financial  
framework  Number  1a Competitiveness for growth and employment  
 
DG: ENER    2016  2017  2018  2019  2020    TOTAL  
 Operational appropriations          
           
          
Appropriations of an administrative nature financed from the 
envelope of specific programmes27  
         
32 04 03 01  
Societal challenges: Making the transition to a 
reliable, sustainable and competitive energy 
system   (3) 2.200  1.150  1.150  1.150  1.150    Proposal of 
unlimited duration  
TOTAL appropriations  
for DG ENER  Commitments  =1+1a 
+3 2.200  1.150  1.150  1.150  1.150    Proposal of 
unlimited duration  
Payments  =2+2a  
+3 2.200  1.150  1.150  1.150  1.150    Proposal of 
unlimited duration  
 
 
 
                                                 
27 Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions ( former ‘BA’ lines), indirect research, 
direct research.   
EN 32   EN  TOTAL operational appropriations  Commitments  (4)         
Payments  (5)         
 TOTAL appropriations of an administrative nature 
financed from the envelope for specific programmes  (6) 2.200  1.150  1.150  1.150  1.150     
TOTAL appropriations  
under HEADING 1a  
of the multiannual financial framework  Commitments  =4+ 6  2.200  1.150  1.150  1.150  1.150     
Payments  =5+ 6  2.200  1.150  1.150  1.150  1.150     
   
EN 33   EN Heading of multiannual financial  
framework  5 ‘Administrative expenditure’  
EUR million (to three decimal places)  
   2016  2017  2018  2019  2020    TOTAL  
DG: ENER  
 Human resources  0.417  0.417  0.417  0.417  0.417    2.085  
 Other administrative expenditure  0.066  0.066  0.066  0.066  0.066    0.330  
TOTAL DG ENER  Appropriations  0.483  0.483  0.483  0.483  0.483    2.415  
 
TOTAL appropriations  
under HEADING  5 
of the multiannual financial framework   (Total commitments = 
Total payments)  0.483  0.483  0.483  0.483  0.483    2.415  
EUR million (to three decimal places)  
   2016  2017  2018  2019  2020    TOTAL  
TOTAL appropriations  
under HEADINGS 1 to 5  
of the multiannual financial framework   Commitments  2.683  1.633  1.633  1.633  1.633    9.215  
Payments  2.683  1.633  1.683  1.633  1.633    9.215   
EN 34   EN 3.2.2.  Estimated impact on operational appropriations  
– The proposal/initiative requires the use of operational appropriations, as explained below:  
Commitment appropriations in EUR million (to three decimal places)  
Indicate 
objectives and 
outputs  
 
   2016  2017  2018  2019  2020    TOTAL  
OUTPUTS  
Type28 
 Average 
cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost 
No 
Cost Total 
No Total cost  
SPECIFIC OBJECTIVE: Promoting the moderation of energy demand.          
Delivery of IT 
database energy -
related products 
registration    1 1.500              1 1.500  
Maintenance of IT 
database energy -
related products 
registration      1 0.150  1 0.150  1 0.150  1 0.150       Proposal of 
unlimited 
duration  
Technical assistance 
and/or studies to 
assess aspects of 
product groups 
necessary for 
delegated acts and 
support to 
standardisation    1 0.700  1 1.000  1 1.000  1 1.000  1 1.000       Proposal of 
unlimited 
duration  
TOTAL COST   2.20  1.150   1.150   1.150   1.150       Proposal of 
unlimited 
                                                 
28 Outputs are pr oducts and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).   
EN 35   EN duration   
EN 36   EN 3.2.3.  Estimated impact on appropriations of an administrative nature  
3.2.3.1.  Summary  
– The proposal/initiative requires the use of appropriations of an administrative 
nature, as explained below:  
EUR million (to three decimal places)  
 2016  2017  2018  2019  2020    TOTAL  
 
HEADING 5  
of the multiannual 
financial framework          
Human resources  0.417  0.417  0.417  0.417  0.417    2.085  
Other administrative 
expenditure  0.066  0.066  0.066  0.066  0.066    0.330  
Subtotal HEADING 5  
of the multiannual 
financial framework  0.483  0.483  0.483  0.483  0.483    2.415  
 
Outside HEADING 529 
of the multiannual 
financial framework  
         
Human resources          
Other expenditure  
of an administrative 
nature          
Subtotal  
outside HEADING 5  
of the multiannual 
financial framework          
 
TOTAL  0.483  0.483  0.483  0.483  0.483    2.415  
The appropriations required for human resources and  other expenditure of an administrative nature will be met by 
appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the 
DG, together if necessary with any additional allocation which may be gran ted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints.  
                                                 
29 Technical and/or administrative assistance and expenditure in support of the implementation of 
EU programmes and/or actions (former ‘BA’ l ines), indirect research, direct research.   
EN 37   EN 3.2.3.2.  Estimated requirements of human res ources  
– The proposal/initiative requires the use of human resources, as explained below:  
Estimate to be expressed in full time equivalent units  
 2016  2017  2018  2019  2020    
 Establishment plan posts (officials and temporary staff)    
32 01 01 01 (Headquarters and Commission’s 
Representation Offices)  3 3 3 3 3   
XX 01 01 02 (Delegations)         
XX 01 05 01 (Indirect research)         
10 01 05 01 (Direct research)         
 External staff (in Full Time Equivalent unit: FTE)30 
 
32 01 02 01 (AC, END, INT from the ‘global 
envelope’)  0.3 0.3 0.3 0.3 0.3   
XX 01 02 02 (AC, AL, END, INT and JED in the 
delegations)         
XX 01 04 yy 31 
 - at Headquarters  
        
- in Delegations         
XX 01 05 02 (AC, END, INT - Indirect research)         
10 01 05 02 (AC, END, INT - Direct research)         
Other budget lines (specify)         
TOTAL         
The human resources required will be met by staff from the DG who are already assigned to management of the 
action and/or have been redeployed within the DG, together if necessary with any additional allocation which 
may be granted to the managing DG under the annual allocation procedure and in the light of budgetary 
constraints.  
Description of tasks to be carried out:  
Officials and temporary staff  Administrators:  
0.3 FTE as team leader  
2.7 FTE as desk officers for the Regulation, the product -specific 
delegated acts and for support for coordination of enforcement by 
market surveillance authorities  
Assistants:  
0.3 FTE as support for legislative proced ures and communication  
External staff  0.3 FTE as secretary of the team and responsible for logistics  
                                                 
30 AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; 
JED=  Junior Experts in Delegations.  
31 Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ l ines).   
EN 38   EN 3.2.4.  Compatibility with the current multiannual financial framework  
The proposal/initiative is compatible the current multiannua l financial framework  
3.2.5.  Third -party contributions  
The proposal/initiative does not provide for co -financing by third parties.  
3.3. Estimated impact on revenue  
The proposal/initiative has no financial impact on revenue.