COMMISSION DELEGATED REGULATION (EU) 2019/2013

of 11 March 2019

supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of electronic displays and repealing Commission Delegated Regulation (EU) No 1062/2010

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 28 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (1), and in particular Article 11(5) and Article 16 thereof,

Whereas:

(1) Regulation (EU) 2017/1369 empowers the Commission to adopt delegated acts as regards the labelling or re-scaling of the labelling of product groups representing significant potential for saving energy and, where relevant, other resources.

(2) Provisions on the energy labelling of televisions were established by Commission Delegated Regulation (EU) No 1062/2010 (2).

(3) The Communication from the Commission COM(2016) 773 final (3) (ecodesign working plan), established by the Commission in application of Article 16(1) of Directive 2009/125/EC of the European Parliament and of the Council (4), sets out the working priorities under the ecodesign and energy labelling framework for the period 2016-2019. The ecodesign working plan identifies the energy-related product groups to be considered as priorities for the undertaking of preparatory studies and eventual adoption of implementing measure, as well as the review of Commission Regulation (EC) No 642/2009 (5) and of Delegated Regulation (EU) No 1062/2010.

(4) Measures from the ecodesign working plan have an estimated potential to deliver in total in excess of 260 TWh of annual final energy savings in 2030, which is equivalent to reducing greenhouse gas emissions by approximately 100 million tonnes per year in 2030. Electronic displays are one of the product groups listed in the working plan.

(5) Televisions are among the product groups mentioned in Article 11(5)(b) of Regulation (EU) 2017/1369 for which the Commission should adopt a delegated act introducing an A to G rescaled label.

(6) Delegated Regulation (EU) No 1062/2010 required the Commission to review the regulation in light of technological progress.

(7) The Commission has reviewed Regulation (EU) No 1062/2010 as required by its Article 7 and analysed technical, environmental and economic aspects of televisions and other electronic displays, including monitors and signage displays as well as the real-life user understanding and behaviour in respect to different labelling elements. The review was carried out in close cooperation with stakeholders and interested parties from the Union and third countries. The results of the review were made public and presented to the Consultation Forum established by Article 14 of Regulation (EU) 2017/1369.

(8) It appears from the review that the same requirements for televisions should also apply to monitors because of the rapidly increasing functionality overlap between displays and televisions. Moreover, digital signage displays are specifically listed in the Commission's 2016-2019 ecodesign working plan to be taken up in the revision of the existing regulations for televisions. The scope of this Regulation should thus comprise electronic displays including televisions, monitors and digital signage displays.

(9) The annual energy consumption in 2016 of televisions in the Union constituted more than 3 % of the Union's electricity consumption. The projected energy consumption of televisions, monitors and digital signage displays, in a business as usual scenario, is expected be close to 100 TWh/yr in 2030. This Regulation, together with the accompanying ecodesign regulation, is estimated to reduce the annual final energy consumption up to 39 TWh/yr by 2030.

(10) The high dynamic range (HDR) encoding function may lead to a different energy use, suggesting a separate energy efficiency indication for such a function.

(11) The information provided on the label for the electronic displays in the scope of this Regulation should be obtained through reliable, accurate and repeatable measurement procedures, which take into account the recognised state of the art measurement methods including, where available, harmonised standards adopted by the European standardisation organisations, as listed in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and of the Council (6).

(12) Recognising the growth of sales of energy-related products through internet hosting platforms, rather than directly from suppliers' or dealers' websites, it should be clarified that internet sales platforms should be responsible for enabling the displaying of the label provided by the supplier in proximity to the price. They should inform the dealer of that obligation, but should not be responsible for the accuracy or content of the label and the product information sheet provided. However, in application of Article 14(1)(b) of Directive 2000/31/EC of the European Parliament and of the Council (7) on electronic commerce, such internet hosting platforms should act expeditiously to remove or to disable access to information about the product in question if they are aware of the non-compliance (e.g. missing, incomplete or incorrect label or product information sheet) for example if informed by the market surveillance authority. A supplier selling directly to end-users via its own website is covered by dealers' distance selling obligations referred to in Article 5 of Regulation (EU) 2017/1369.

(13) Electronic displays that are displayed at trade fairs should bear the energy label if the first unit of the model has already been placed on the market or is placed on the market at the trade fair.

(14) To improve the effectiveness of this Regulation, products that automatically alter their performance in test conditions to improve the declared parameters should be prohibited.

(15) The measures provided for in this Regulation were discussed by the Consultation Forum and the Member States' experts in accordance with Article 14 of Regulation (EU) 2017/1369.

(16) Delegated Regulation (EU) No 1062/2010 should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter and scope 1. This Regulation establishes requirements for the labelling of, and the provision of supplementary product information on electronic displays, including televisions, monitors and digital signage displays. 2. This Regulation shall not apply to the following: (a) any electronic display with a screen area smaller than or equal to 100 square centimetres; (b) projectors; (c) all-in-one video conference systems; (d) medical displays; (e) virtual reality headsets; (f) displays integrated or to be integrated into products listed in points 3(a) and 4 of Article 2 of Directive 2012/19/EU of the European Parliament and of the Council (8); (g) electronic displays that are components or subassemblies of products covered by implementing measures adopted under Directive 2009/125/EC; (h) broadcast displays; (i) security displays; (j) digital interactive whiteboards; (k) digital photo frames; (l) digital signage displays which meet any of the following characteristics: (1) designed and constructed as a display module to be integrated as a partial image area of a larger display screen area and not intended for use as a standalone display device; (2) distributed self-contained in an enclosure for permanent outdoor use; (3) distributed self-contained in an enclosure with a screen area less than 30 dm2 or greater than 130 dm2; (4) the display has a pixel density less than 230 pixels/cm2 or more than 3 025 pixels/cm2; (5) a peak white luminance in standard dynamic range (SDR) operating mode of greater than or equal to 1 000 cd/m2; (6) no video signal input interface and display drive allowing the correct display of a standardised dynamic video test sequence for power measurement purposes; (m) status displays; (n) control panels.

Article 2 Definitions For the purpose of this Regulation the following definitions shall apply: (1) ‘electronic display’ means a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources; (2) ‘television’ means an electronic display designed primarily for the display and reception of audiovisual signals and which consists of an electronic display and one or more tuners/receivers; (3) ‘tuner/receiver’ means an electronic circuit that detects television broadcast signal, such as terrestrial digital or satellite, but not internet unicast, and facilitates the selection of a TV channel from a group of broadcast channels; (4) ‘monitor’ or ‘computer monitor’ or ‘computer display’ means an electronic display intended for one person for close viewing such as in a desk based environment; (5) ‘digital photo frame’ means an electronic display that displays exclusively still visual information; (6) ‘projector’ means an optical device for processing analogue or digital video image information, in any format, to modulate a light source and project the resulting image onto an external surface; (7) ‘status display’ means a display used to show simple but changing information such as selected channel, time or power consumption. A simple light indicator is not considered a status display; (8) ‘control panel’ means an electronic display whose main function is to display images associated with product operational status; it may provide user interaction by touch or other means to control the product operation. It may be integrated into products or specifically designed and marketed to be used exclusively with the product; (9) ‘all-in-one video conference system’ means a dedicated system designed for video conferencing and collaboration, integrated within a single enclosure, whose specifications shall include all of the following features: (a) support for specific videoconference protocol ITU-T H.323 or IETF SIP as delivered by the manufacturer; (b) camera(s), display and processing capabilities for two-way real-time video including packet loss resilience; (c) loudspeaker and audio processing capabilities for two-way real-time hands-free audio including echo cancellation; (d) an encryption function; (e) HiNA; (10) ‘HiNA’ means High Network Availability as defined in Article 1 of Commission Regulation (EC) No 1275/2008 (9); (11) ‘broadcast display’ means an electronic display designed and marketed for professional use by broadcasters and video production houses for video content creation. Its specifications shall include all of the following features: (a) colour calibration function; (b) input signal analysis function for input signal monitoring and error detection, such as wave-form monitor/vector scope, RGB cut off, facility to check the video signal status at actual pixel resolution, interlace mode and screen marker; (c) Serial Digital Interface (SDI) or Video over internet Protocol (VoIP) integrated with the product; (d) not intended for use in public areas; (12) ‘digital interactive whiteboard’ means an electronic display which allows direct user interaction with the displayed image. The digital interactive whiteboard is designed primarily to provide presentations, lessons or remote collaboration, including the transmission of audio and video signals. Its specification shall include all of the following features: (a) primarily designed to be installed hanging, mounted on a ground stand, set on a shelf or desktop or fixed to a physical structure for viewing by multiple people; (b) be necessarily used with computer software with specific functionalities to manage content and interaction; (c) integrated or designed to be specifically used with a computer for running the software in point (b); (d) a display screen area greater than 40 dm2; (e) user interaction by finger or pen touch or other means such as hand, arm gesture or voice; (13) ‘security display’ means an electronic display whose specification shall include all of the following features: (a) self-monitoring function capable of communicating at least one of the following information to a remote server: — power status; — internal temperature from anti-overload thermal sensing; — video source; — audio source and audio status (volume/mute); — model and firmware version; (b) user-specified specialist form factor facilitating the installation of the display into professional housings or consoles; (14) ‘digital signage display’ means an electronic display that is designed primarily to be viewed by multiple people in non-desktop based and non-domestic environments. Its specifications shall include all of the following features: (a) unique identifier to enable addressing a specific display screen; (b) a function disabling unauthorised access to the display settings and displayed image; (c) network connection (encompassing a hard-wired or wireless interface) for controlling, monitoring or receiving the information to display from remote unicast or multicast but not broadcast sources; (d) designed to be installed hanging, mounted or fixed to a physical structure for viewing by multiple people and not placed on the market with a ground stand; (e) does not integrate a tuner to display broadcast signals; (15) ‘integrated’, referring to a display which is part of another product as a functional component, means electronic displays that are not able to be operated independently from the product and that depend on it for providing their functions, including power; (16) ‘medical display’ means an electronic display covered by the scope of: (a) Council Directive 93/42/EEC (10) concerning medical devices; or (b) Regulation (EU) 2017/745 of the European Parliament and of the Council (11) on medical devices; or (c) Council Directive 90/385/EEC (12) on the approximation of the laws of the Member States relating to active implantable medical devices; or (d) Directive 98/79/EC of the European Parliament and of the Council (13) on in vitro diagnostic medical devices; or (e) Regulation (EU) 2017/746 of the European Parliament and of the Council (14) on in vitro diagnostic medical devices; (17) ‘grade 1 monitor’ means a monitor for high-level technical quality evaluation of images at key points in a production or broadcast workflow, such as image capture, post- production, transmission and storage; (18) ‘screen area’ means the viewable area of the electronic display calculated by multiplying the maximum viewable image width by the maximum viewable image height along the surface of the panel (both flat or curved); (19) ‘virtual reality headset’ means a head-wearable device that provides immersive virtual reality for the wearer by displaying stereoscopic images for each eye with head motion tracking functions; (20) ‘point of sale’ means a location where electronic displays are displayed or offered for sale, hire or hire-purchase.

Article 3 Obligations of suppliers 1. Suppliers shall ensure that: (a) each electronic display is supplied with a label in printed form in the format and containing the information set out in Annex III; (b) the parameters of the product information sheet, as set out in Annex V, are entered into the product database; (c) if specifically requested by the dealer, the product information sheet shall be made available in printed form; (d) the content of the technical documentation, as set out in Annex VI, is entered into the product database; (e) any visual advertisement for a specific model of electronic display, including on the internet, contains the energy efficiency class and the range of efficiency classes available on the label in accordance with Annex VII and Annex VIII; (f) any technical promotional material concerning a specific model of electronic display, including on the internet, which describes its specific technical parameters, includes the energy efficiency class of that model and the range of efficiency classes available on the label, in accordance with Annex VII; (g) an electronic label, in the format and containing the information as set out in Annex III, shall be made available to dealers for each electronic display model; (h) an electronic product information sheet, as set out in Annex V, is made available to dealers for each electronic display model; (i) in addition to point (a), the label shall be printed on the packaging or stuck on it. 2. The energy efficiency class shall be based on the energy efficiency index calculated in accordance with Annex II.

Article 4 Obligations of dealers Dealers shall ensure that: (a) each electronic display, at the point of sale, including at trade fairs, bears the label provided by suppliers in accordance with point 1(a) of Article 3 displayed on the front of the appliance or hung on it or placed in such a way as to be clearly visible and unequivocally associated to the specific model; provided that the electronic display is kept in on-mode when visible to customers for sale, the electronic label in accordance with point 1(g) of Article 3 displayed on the screen may replace the printed label; (b) where an electronic display model is displayed in a point of sale without any unit displayed out of the box, the label printed on the box or stuck on it shall be visible; (c) in the event of distance selling or telemarketing, the label and product information sheet are provided in accordance with Annexes VII and VIII; (d) any visual advertisement for a specific model of electronic display, including on the internet, contains the energy efficiency class and the range of efficiency classes available on the label, in accordance with Annex VII; (e) any technical promotional material concerning a specific model of electronic display, including technical promotional material on the internet, which describes its specific technical parameters, includes the energy efficiency class of that model and the range of efficiency classes available on the label, in accordance with Annex VII.

Article 5 Obligations of service provider on internet hosting platforms Where a hosting service provider, as referred to in Article 14 of Directive 2000/31/EC, allows the selling of electronic displays through its internet website, the service provider shall enable the showing of the electronic label and electronic product information sheet provided by the dealer on the display mechanism in accordance with the provisions of Annex VIII and shall inform the dealer of the obligation to display them.

Article 6 Measurement methods The information to be provided pursuant to Articles 3 and 4 shall be obtained by reliable, accurate and reproducible measurement and calculation methods, which take into account the recognised state-of-the-art measurement and calculation methods set out in Annex IV.

Article 7 Verification procedure for market surveillance purposes Member States shall apply the verification procedure laid down in Annex IX when performing the market surveillance checks referred to in paragraph 3 of Article 8 of Regulation (EU) 2017/1369.

Article 8 Review The Commission shall review this Regulation in the light of technological progress and present the results of this review, including, if appropriate, a draft revision proposal, to the Consultation Forum no later than 25 December 2022. The review shall in particular assess the following: (a) whether it is or is still appropriate to have separate energy categorisations for SDR and HDR; (b) the verification tolerances set out in Annex IX; (c) whether other electronic displays should be included in the scope; (d) the appropriateness of the balance of stringency between larger and smaller products; (e) whether it is feasible to develop appropriate notification methods for the energy consumption; (f) the possibility to address circular economy aspects. In addition, the Commission shall review the label to rescale it when the requirements of Article 11 of Regulation (EU) 2017/1369 are met.

Article 9 Repeal Delegated Regulation (EU) No 1062/2010 is repealed as of 1 March 2021.

Article 10 Transitional measures As from 25 December 2019 until 28 February 2021, the product fiche required under point 1(b) of Article 3 of Regulation (EU) No 1062/2010 may be made available through the product database instead of being provided in printed form with the product. In that case the supplier shall ensure that if, specifically requested by the dealer, the product fiche shall be made available in printed form.

Article 11 Entry into force and application This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. It shall apply from 1 March 2021. However, point 1(a) of Article 3 shall apply from 1 November 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 March 2019. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 198, 28.7.2017, p. 1.

(2) Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions (OJ L 314, 30.11.2010, p. 64).

(3) Communication from the Commission. Ecodesign working plan 2016-2019 COM(2016)773 final, 30.11.2016.

(4) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).

(5) Commission Regulation (EC) No 642/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for televisions (OJ L 191, 23.7.2009, p. 42).

(6) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

(7) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).

(8) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE), (OJ L 197, 24.7.2012, p. 38).

(9) Commission Regulation (EC) No 1275/2008 of 17 December 2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode electric power consumption of electrical and electronic household and office equipment (OJ L 339, 18.12.2008, p. 45).

(10) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).

(11) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).

(12) Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices (OJ L 189, 20.7.1990, p. 17).

(13) Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ L 331, 7.12.1998, p. 1).

(14) Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).