PROPOSAL FOR A COUNCIL DIRECTIVE ON THE INDICATION BY LABELLING AND STANDARD PRODUCT INFORMATION OF THE CONSUMPTION OF ENERGY AND OTHER RESOURCES OF HOUSEHOLD APPLIANCES
Date: 1991-08-06
Institutions: European Commission
Subjects: consumer information, energy consumption, household electrical appliance, labelling, noise level

COMMISSION OP THE EUROPEAN  COMMUNITIES 

C0M(91) 285 final - SYN 356 

Brussels,  6 August 1991 

Proposal  for a 

COUNCIL  DIRECTIVE 

on the indication by labelling and standard  product  information 

of the consumption of energy and other  resources 

of househoId appIi ances 

(presented by the Commission) 

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C O N T E N T? 

EXPLANATORY MEMORANDUM 

I. 

Introduction 

II. 

History of energy  labelling  in the Community 

III. 

Need  for energy  labelling and product  information 

IV. 

Costs and benefits of an energy  labelling scheme 

V. 

Criteria for the proposed Directive 

VI. 

Comments on Articles of  the proposed Directive 

PROPOSAL FOR A COUNCIL DIRECTIVE 

Page 

3 

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5 

6 

7 

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-  3 -

EXPLANATORY  MEMORANDUM 

I. 

INTRODUCTION 

1. 

This  Directive,  and  the  Community  labelling  scheme  for  domestic 

appliances that will  flow from  it, have a dual purpose: 

to  encourage  energy  conservation  through  a  better  consumer 

understanding and 

to  ensure  that  measures  taken  by  Member  States  in  this  area  do 

not hinder  trade. 

2. 

The  Council  of  Ministers, at  their  meeting  on  16  September  1986, set 

new  energy  objectives  for  the  Community  in  1995,  which  included  a 

further  improvement  in energy efficiency of at  least 20%. An evaluation 

of  the  energy  policies  of  the  Member  States  carried  out  in  1988 

indicated  that  the  Council's  1995  energy  efficiency  objective  was 

unlikely  to  be  attained  unless  stronger  policy  measures  were  taken. 

Energy  efficiency  efforts,  and  in  particular  investment  in  discrete 

energy  efficiency  projects,  seemed  to  be  decreasing.  A  recent 

evaluation  of  the  Member  State's  energy  policies  confirmed  the  trend 

observed  in 1988. If the rate of efficiency  improvements remains at  its 

present  average  level  then  the  Community  can  only  expect  to  improve 

energy efficiency  by another  10% over  1988/95. This would be equivalent 

to  an  energy  efficiency  improvement  of  under  14%  for  the  period 

1985/95,  significantly  less  than  the  objective  established  in  1986. 

While  the  rate of  improvement  prior  to the  1986 oil  price collapse was 

clearly  better  than  that  thereafter, the fact  that  at no point  in time 

in  the  past  have  efficiency  improvements  reached  the  rate  needed  to 

satisfy  Community  energy  policy  objectives  indicates  that  more 

stringent measures must be undertaken. 

3. 

Recent changes  in the perception of  the security of  future oil  supplies 

generated  by  the Gulf Conflict  and  the concern  for  the environment  have 

placed energy efficiency high on  the political  agenda. 

4. 

The  complacency  exhibited  in  the  area  of  energy  efficiency  has  meant 

-  A 

-

that  the  effect  of  economic  growth  on  energy  consumption  has  not  been 

nullified  by  increasing  efficiency,  so  that  energy  consumption  has 

increased  from 645 Mtoe  in 1982 to 711 Mtoe  in 1989. Energy  consumption 

in  industry  has  been  almost  static  over  the  period  (mainly  due  to 

industrial  restructuring)  while  substantial 

increases  in  energy 

consumption  have  been  recorded  in  the  transport  and  building  sectors. 

More  specifically  in  the  principal  area  covered  by  this  Directive, 

domestic  electrical  demand  rose  from  581  Twh  in  1982  to  789  Twh  in 

1989,  an  increase  of  35%.  Thus  domestic  electricity  consumption  has 

risen  from 8.1% of  total  energy  consumption  in 1982 to 9.5%  in 1989. 

5. 

The  combined  Energy/Environment  Council  meeting  in  Luxembourg  on 

November  1990  set  a  new  target  to  stabilise  Community  C 02  emissions 

by  the year  2000 at  1990  levels. Since energy  efficiency  represents  the 

single  most  effective  means  of  reducing  C02  emission,  the  achievement 

of  the  Council's  stated  objective  will  require  the  application  of 

robust  energy efficiency  policies within  the  Community. 

6. 

In order  to assist  Member  States  to pursue  an energy  efficiency  policy 

the  Council  on  5  June  1989  approved  a  Community  action  programme  for 

improving  the  efficiency  of  electricity  use  (PACE)*1).  Moreover  the 

Commission  on  3  October  1990  proposed  a  Community  energy  efficiency 

programme  (SAVE)*2)  beginning  in  1991  and  having  a  duration  of  five 

years.  The  main  thrust  of  this  programme  is a  comprehensive  series of 

legislative  actions  supported  by  targetted  pilot  actions  as  well  as a 

significant  effort  to  improve  information  flows  between  Member  States 

and  between  the  Community  and  other  interested  parties.  This  proposal 

forms part of  the SAVE  programme. 

7. 

The  current  Directive  addresses  the  problem  of  how  specific  energy 

efficiency  of  household  appliances  may  be  improved,  through  better 

consumer 

information,  and  hence 

increased  competition  between 

manufacturers. The principal  effect  will  be on electricity  consumption, 

but  appliances  using  other  forms of  energy,  such  as  gas, will  also  be 

included.  In view of  this, the Commission  considers  the  introduction of 

implementing  directives  for  the appliances  listed  in the Directive  as a 

matter of  urgency. 

(1) 
(2) 

0J No L 157, 9.6.1989,  p. 32. 
C0M(90) 365 final. 

-  5 -

II. 

HISTORY OF ENERGY LABELLING  IN THE  COMMUNITY 

8. 

In  1979  the  Council  passed  Directive  79/530/EEC*3>  intended  to 

introduce  a  Community  wide  scheme  for  energy  labelling  of  household 

appliances.  This  allowed,  but  did  not  oblige,  Member  States  to 

introduce obligatory energy  labels. At  the same time the Council  passed 

an  implementing  directive  concerning  ovens  (Directive  79/531/EEC( 4 )). 

The  Commission  brought  forward  proposals  for  a  number  of  other 

appliances. However, mainly  as a result  of  disagreement  over  technical 

measurement  standards, and  margins  of  error,  none  of  these  proposals 

was  accepted  by  the  Council.  This  meant  that  interest  in  the  scheme, 

and so  its  impact, was  low. However, following  this, a number  of Member 

States  took  their  own  initiative. Germany,  in particular,  introduced  a 

voluntary  scheme  concerning  the  main  domestic  appliances.  This 

introduced  labels,  initially  based  on  those  in  the  Commission 

proposals,  and  product  information.  More  recently,  interest  has 

revived,  and  several  Member  States  including  the  Netherlands,  Denmark 

and  the  UK  have  been  working  on  their  own  schemes.  In  the  case  of 

Denmark  this  led  to  a  formal  proposal  for  an  obligatory  scheme.  This 

was  notified  to  the  Commission  on  22  April  1990  under  Directive 

83/189/EE*5),  which  provides  for 

Member  States  to  inform  the 

Commission  of  new  technical  standards  and  regulations  and  allows  for 

their  deferral, where  their  introduction  would  create  barriers  to  the 

free movement  of goods. The Commission  then decided  that  such  a scheme 

was  likely  to  hinder  trade  between  Member  States.  Accordingly,  under 

Article  9(2) of  that  Directive,  it asked  Denmark  to defer  its proposal 

for  a  year  and  announced  its  intention  to  propose  a  harmonized  scheme 

within  that  time  limit.  Since  the  failure  to  agree  on  further 

implementing  directives,  further  work  has  been  done  on  measurement 

standards  and  methods, and  there  is general  acceptance  of  a method  of 

dealing with  margins of  error. Moreover, Member  States experience  with 

their  own  schemes  has  led  to the  resolution of many  of  these  technical 

problems. This should allow previous technical  problems to be overcome. 

(3) 
(4) 
(5) 

0J No L 145, 13.6.1979, p. 1. 
0J No L 145, 13.6.1979, p. 7. 
0J No L 109, 26.4.1983, p. 8. 

III. 

NEED FOR  ENERGY LABELLING AND PRODUCT  INFORMATION 

-  6  -

9. 

The  purpose  of  this  scheme  is  to  inform  potential  purchasers  of  the 

energy  consumption  of  the various appliances on offer, so  they  can  take 

account  of  this,  and  of  the  resultant  running  costs,  in  making  their 

purchase  decisions.  Various  surveys  have  shown  that  the  energy 

consumption  of  domestic  appliances  varies widely,  and  that,  at  current 

levels  of  efficiency,  there  is  no  particular  relationship  between 

energy  efficiency  and  price  or  performance.  Thus,  if  potential 

purchasers  were  aware  of  and  understood  their  differences,  they  would 

tend  to  buy  appliances  which  were  more  energy  efficient,  cost  less  to 

run,  and  caused  less  environmental  concern.  This  would,  through  the 

normal  competitive  process,  put  considerable  pressure  on  manufacturers 

to  increase  their  efforts  to  produce  more  efficient  appliances. 

However,  at  present,  while  some  customers  do  receive  this  information, 

most  do  not.  As  a  result  most  purchasers  show  no  preference  for  energy 

efficient  appliances,  and  in  most  Member  States  the  market  fails  to 

encourage  the manufacture of  such  appliances. 

10. 

The  scheme  may  also  make  users  of  these  appliances  more  aware  of  how 

energy  consumption  depends on  the way  they use  the appliance. This may, 

indirectly  encourage  them  to use  these appliances more  efficiently. 

11. 

It  is  difficult  to  assess  the  likely  impact  of  a  labelling  and 

information  scheme  on  the  energy  efficiency  of  appliances.  However, 

technical  estimates  indicate  that,  even  though  the  average  energy 

consumption  of  appliances  has  fallen  substantially  over  the  last 

decade,  there  are  still  very  large  potential  savings  of  perhaps  a 

quarter  of  208  Twh(6X7)  0f  electricity  consumed  by  appliances  listed 
in  this  directive.  Clearly  this  potential  saving  will  not  be  achieved 

by  labelling  and  information  alone.  Experience  in  for  example  the U.S. 

would  indicate  that  labelling  and  information  schemes  work  best  to 

achieve  these  savings  when  combined  with  other  measures,  such  as 

minimum  efficiency  standards  (either  voluntary  or  compulsory) or  fiscal 

measures. 

(6) 

(7) 

Estimate  desired  from  Fitchner  'The  potential  for  energy  saving  in  the 
application of  electrical  energy'. 
Some  of  the  appliances  may  also  use  other  forms  of  energy  such  as 
gas or  hot  water, but  the majority  of  energy  use  is electric. 

IV. 

COSTS AND BENEFITS OF AN  ENERGY LABELLING  SCHEME 

-  7  -

12. 

As stated  above  it  is difficult  to give estimates of  the benefit  of  the 

introduction  of  a  universal  energy  labelling  scheme,  or  indeed  given 

the  flexibility  of  this  scheme,  to  estimate  its  costs.  However  it  is 

very  clear  that  the benefits  far  outweigh  the  costs.  For  example  for  a 

refrigerator,  the  average  energy  saving  to  the  consumer  over  an 

appliance  lifetime, resulting  from  the  introduction  of  labelling may  be 

of  the  order  of  ECU  25-50, while  the cost  of  the  labelling  scheme, per 

appliance  will  be  less  than  ECU  1.  While  the  figure  for  other 

appliances may  of  course  vary  considerably,  it  is still  clear  that  the 

benefits will  be one or  two orders of magnitude  greater  than  the  costs. 

8  -

V. 

CRITERIA FOR THE PROPOSED DIRECTIVE 

13. 

The  object  of  this  scheme  is  to  persuade  consumers  to  buy  and 

manufacturers  to produce more energy  efficient  appliances.  It may also, 

indirectly encourage  their more efficient  use.  In order  to maximize  its 

impact  there are a number  of basic criteria  it should  fulfil: 

(i) The  scheme  must  be  uniform.  If  there  are  a  variety  of  differing 

designs of  labels, or of product  information  fiches, for  the same 

type of appliance, consumers may be confused  when comparing  rival 

appliances,  and  so may  ignore  the energy  consumption  information 

altogether. 

(ii) The scheme must  be universal, all  appliances of a given  type must 

be  labelled.  Otherwise  there  is  a  danger  that  consumers  may 

prefer  not  to  be  reminded  of  the  cost  of  running  an  appliance, 

and  so may  prefer  a  less efficient,  but  unlabel led, appliance  to 

a more efficient  one, displayed  with  a  label. 

(iii) The  label  and  the  fiche  must  be  as  clear  as  possible,  while 

conveying  as much  relevant  information as possible. 

(iv) The  scheme  should  include  both  a  label,  for  those  who  buy  'on 

impulse' and  a product  fiche  for  those who  are willing  to devote 

more  time  to  studying  the  relative  merits  of  various  possible 

appliances. 

(v)  The  scheme  should  be  flexible.  In particular  it should  allow for 

updating  in  the  tight  of  improved  efficiency  of  appliances,  for 

the  introduction  of  minimum  efficiency  standards  (either 

voluntary  or  mandatory)  and  for  the  introduction  of  further 

appliances. 

(vi) The  scheme  should  be  as  simple  to  run  as  possible,  and  lead  to 

the minimum  possible costs. 

(vii) Finally  the scheme should eliminate  any barriers  to trade between 

Member  States  in  respect  of  energy  labelling  and  product 

information and should  seek  to foster  the single market. 

- 9 -

VI. 

COMMENTS ON ARTICLES OF THE PROPOSED DIRECTIVE 

Comments on Article 1 

This  describes  the objectives of  the  directive.  As  stated  above  these  are  to 

avoid  the obstacles  to the single market  that would  result  from  the  imposition 

of  labelling  schemes  by  individual  Member  States.  It  seeks  to  do  this  by  the 

introduction  of  a  uniform  Community  scheme  that  achieves  the  benefits  sought 

from  the national  schemes, and, as far as possible, meets  the above criteria. 

The  Article  also  lists  those  appliances whose  Community  wide  use  consumes  the 

most  energy,  and  makes  provision  for  addition  to  this  list.  This  may  prove 

necessary  either  as  the  result  of  the  introduction  of  new  appliances,  or 

because  the  global  energy  use  of  an  existing  appliance  increases,  e.g.  as  a 

result of  increasing ownership. 

Comments on Article  2 

This  provides  for  harmonized  measurement  standards  and  methods, so  that  each 

model  needs  only  follow  one  test  procedure.  It  puts  responsibility  for  this 

testing  and  its accuracy  on  the manufacturer, or  its  representative, who will 

be best placed  to carry  it out. 

It  also  provides  for  the  keeping  of  technical  documentation,  within  the 

Community, so that should  there be a dispute as to the accuracy of a  label or a 

fiche,  then  the  basis  on  which  the manufacturer  made  its  claims  can  be  more 

easiI y assessed. 

Comments on Article 3 

This  requires the manufacturer  to provide  both  a  label  and a  fiche of  product 

information.  The  label  is  intended  for  those  who  wish  to  buy  the  appliance 

immediately.  The  fiche  provides  rather  more  complete  information  on  the  main 

characteristics  including  the energy  efficiency  of  appliances  (e.g. the  energy 

consumption  of  the various  cycles).  This  information  is provided  in a  standard 

-  10 -

form  that  allows  those  potential  purchasers, who wish  to study  the  comparative 

merits  of  various  competing  models  to have more  complete  information  available 

in  a  standard  form  to  take  away  and  compare  at  leisure.  It  also  provides  a 

source  of  this  information  for  others  (Member  States,  consumer  organizations, 

dealers  etc.) who  want  to  provide  comparative  tables.  It  may  also  be  used  to 

include  information  as  to  the  environmental  consequences  of  using  the 

appliance, and on how  to use  the appliance appropriately. 

Comments on Article  4 

This  deals  with  the  respective  responsibilities  of  dealers  (mainly  retailers) 

and  manufacturers.  It  should  be  noted  that  only  a  very  small  proportion  of 

appliances  are  displayed  in  shops  or  elsewhere,  the  vast  majority  being 

supplied  direct  to customers, probably  still  in their  protective packing.  Under 

the  existing  Directive  (79/530/EEC)  manufacturers  are  obliged  to  supply  a 

complete  set  of  labels  with  each  appliance.  This  leads  to  a  large  waste  of 

labels  as  only  a  small  proportion  are  used.  Moreover  in  the  single  market 

manufacturers  do not  know where an appliance will  finally be sold, and  so which 

language  label  to supply. 

In view of  this  the present  Directive  provides  for  dealers  to attach  the  label, 

ensuring  it  is  in  the  correct  language,  and  implying  that  it  needs  only  be 

supplied  in  numbers  sufficient  for  those  appliances  that  are  actually 

displayed.  Manufacturers  are  allowed  to  work  out  their  own  system  for  the 

supply  of  labels  in  the most  cost  effective  way  possible.  However,  as  dealers 

will  not  be able  to display, and  so effectively  to sell, appliances  if  they  do 

not  have  labels  the  Article  provides  for  a  rapid  back  up  system  in  case  the 

manufacturers'  system  fails,  for  example  in  the  case  of  parallel  trade,  to 

supply  the relevant  label. 

The  Article  also  deals  with  the  legal  responsabiIity  for  incorrect  labels  or 

information  fiches.  It  provides  that  were  a  manufacturer  provided  incorrect 

information,  or  otherwise  failed  to  fulfil  its  obligations  then  the  ultimate 

responsibility  lies  with  it.  However,  as  it  will  be  difficult  to  directly 

pursue  manufacturers,  the  Directive  provides  for  retailers  to have  Joint  legal 

responsibility, but  provides  for  them  to be  indemnified  by manufacturers. 

-  11 -

Comments on Article  S 

This allows for  the  implementing  directives  to make provision  for  the supply of 

energy  consumption  information  in  those  cases  where  potential  purchasers  will 

not  see  an  item  displayed,  so  helping  them  to  make  a  rational  choice  of 

appliance.  At  present  this  would  mainly  apply  to  mail  order,  and  'catalogue 

shops'.  The  Article  is  only  permissive,  as  it  would  not,  given  present 

experience,  be  possible  to  make  provision  for  all  such  selling  techniques, 

including  any  yet  to  be  developed,  nor  would  it make  administrative  sense  to 

provide  for  techniques  that only account  for a  low  level of  sales. 

Comments on Article 6 

This  applies  where  other  Community  legislation  provides  for  other  information 

about  the  same  appliances,  in  particular  for  information  on  airborne  noise, 

which  was  to  be  included  on  the  label  provided  for  under  the  previous  energy 

labelling Directive  (79/530). This will  allow for  the amalgamation of  labels or 

information fiches where  this seems appropriate. 

Comments on Article 7 

This specifies  the  role  to be played  by Member  States  in the  implementation of 

this scheme. Apart  from ensuring  the proper  running of  the scheme  in  indent  (a) 

and  (b),  it  obliges  them  (indent  c)  to  prohibit  rival  labelling  schemes  if 

these could  lead to confusion.  Indent  (d) provides  that  dealers must  be able  to 

take  direct  legal  action  to  force  manufacturers  to  fulfil  their  duties.  This 

allows for a  large degree of self policing. Similarly,  indent  (e) provides  that 

consumers  can  take  action  against  retailers, who will  normally  be much  closer, 

and  so easier  to deal  with.  It should  be  noted  that  the measures  specified  in 

this  Article  need  not  be  statutory.  Thus  those  Member  States  with  working 

voluntary 

energy 

labelling 

and 

information 

schemes, 

could 

enforce 

manufacturers' obligations by contract. 

- 12 -

Comments on Article 8 

This  provides  Member  States  to monitor  compliance with  this Directive  and  the 

implementing  directives. They may subcontract  their  duties under  this Directive 

to delegated bodies. 

Comments on Article 9 

This  is a single  market  provision, which  prohibits  Member  States  from  banning 

the  marketing  of  appliances  on  grounds  relating  to  energy  consumption 

information,  where  they  comply  with  the  Directive,  and  with  the  relevant 

implementing  directive.  It does not effect  any  rights  in relation  to appliances 

not  covered  by  an  implementing  directive,  nor  does  it  affect  any  rights 

relating  to  other  grounds,  in  particular  in  relation  to  minimum  efficiency 

standards. 

Comments on Article  10 

This  provides  for  the  Commission,  assisted  by  a  committee,  to  take  the 

implementing  directives and  to add  further  appliances to the  list  in Article  1. 

Comments on Article 11 

In accordance with  the Commissions's declaration  annexed  to the Single  European 

Act, this provides  for a consultative committee, which allows for  the rapid and 

efficient  decision  making  required  for  harmonization  measures  taken  under 

Article  100a.  The  consultative  committee  is  set  up  in  accordance  with 

Article  2, procedure  1 of Council  Decision  87/373/EEC^8^, which  deals with  the 

form  and  procedure  of  such  committees.  This  Article  also  provides  for  the 

consultative  committee  to  receive  information  and  analysis  on  the operation of 

the scheme. 

Comments on Article  12 

This Article  lists the elements  to be specified  in the  implementing directives. 

(8) 

0J No L 197, 18.7.1987, p. 33. 

-  13 -

Comments on Article  13 

This  provides  for  the  existing  framework  Directive  (79/530)  to  be  repealed. 

This  is  delayed  until  after  Member  States  have  implemented  the  present 

Directive, as otherwise  there  is a danger  that measures  that  had been  taken  to 

implement  it could  loose their  legal force before  they had been  replaced. 

Comments pp Article 14 

This deals with  the timetable  for  the  introduction of  this Directive. 

- 14 -

Proposal for a 

COUNCIL DIRECTIVE 

on the indication by  labelling and standard product  information 

of the consumption of energy and other resources 

of househoId app11ances 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in 

particular Article 100a thereof, 

Having regard to the proposal from the Commission^1), 

In cooperation with the European Parliaments2^, 

Having regard to the opinion of the Economic and Social Committee^3), 

Whereas  it is important to take measures to progressively achieve the internal 

market by 31 December 1992; 

Whereas  certain  Member  States  already  have  their  own  voluntary  schemes  for 

energy  labelling and the provision of other energy consumption  information for 

domestic  appliances;  whereas  one  Member  State  has  formally  proposed  to 

introduce  its own  compulsory  labelling  scheme, and  other  Member  States  are 

considering  its  introduction; whereas the existence of a number of compulsory 

national schemes would create barriers to intra-Community trade; 

(1) 
(2) 
(3) 

OJ No 
OJ No 
OJ No 

-  15 -

Whereas  Article  130r  of  the Treaty  requires  a prudent  and  rational  utilization 

of  natural  resources,  whereas  the  rational  use  of  energy  is  one  of  the 

principal  means  by  which  this  objective  can  be  respected  and  environmental 

poI lut ion reduced; 

Whereas  the  provision  of  accurate,  relevant  and  comparable  information  on  the 

specific  energy  consumption  of  household  appliances may  influence  the public's 

choice  in favour  of  those appliances which  consume  less energy,  thus  prompting 

manufacturers  to  take  steps  to  reduce  the  consumption  of  the  appliances  which 

they manufacture; whereas  it will  also,  indirectly, encourage  the efficient  use 

of  these  appliances; whereas  in the absence of  this  information,  the operation 

of  the market  for  these appliances will  fail  to promote adequately  the rational 

use of energy; 

Whereas  this  improvement  in  the  operation  of  the  market  for  these  appliances 

will  be  best  achieved  if  there  is a uniform  label  for  all  appliances  of  each 

type,  if  potential  customers  receive  supplementary  standardized  information 

relating  to  these  appliances,  and  if  those  who  do  not  see  the  appliance 

displayed,  and  so have no opportunity  to see  the  label, are also supplied with 

this  information; 

Whereas  to  this end  the energy  consumption of  and other  information  concerning 

each  type of appliance  concerned must  be measured  in accordance with  harmonized 

standards and methods and  it must  be possible  to check  the application of  these 

standards at  the marketing stage; 

Whereas  Council  Directive  79/530/EEC<4>  ought  to  promote  these  aims  for 

household  appliances;  whereas  however,  as  only  one  implementing  Directive  for 

electric  ovens  has  been  passed,  and  as  few Member  States  have  introduced  this 

label,  it  is now  necessary  to  learn  from  the experience  gained  and  strengthen 

the provision of  that  Directive; whereas Directive 79/530/EEC must  therefore be 

replaced;  whereas  Council  Directive  79/531/EEC(5)  regarding  energy  labelling 

for ovens, will  need  to be revised  and subsequently  integrated  into the present 

scheme; 

(4) 
(5) 

OJ No L 145,  13.6.1979, p. 1. 
OJ  No L 145,  13.6.1979, p. 7. 

-  16 -

Whereas  completely  voluntary  schemes would  lead  to only  some  apr' cnces  being 

labelled,  or  supplied  with  standard  product  information;  wh.re:s  there  is  a 

danger  that  this would  induce confusion  for some consumers; whereas  the present 

scheme must  therefore ensure universal  energy  labelling and universal  provision 

of  the standard product  information fiches of  the relevant  appliances; 

Whereas  household  appliances  use  a  wide  variety  of  forms  of  energy,  with 

electricity  and  gas  being  the  most  important;  whereas  the  Directive  must 

therefore  in principle cover  appliances using any  form of  energy; 

Whereas  Council  Directive  86/594/EEC  of  1 December  1986<6) on  airborne  noise 

emitted  by  household  appliances,  provides  for  an  indication of  noise  emission 

to  be  included  in  energy  labels, where  these  exist;  whereas  provision  must 

therefore  be  made  for  the  incorporation,  where  appropriate,  of  other 

information and  labelling covered by Community schemes-, 

Whereas  only  those  types  of  appliances  whose  aggregate  energy  use  is 

significant  and where  there  is significant  scope  for  increased  efficiency  need 

be  included, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

1. 

The  purpose  of  this  Directive  is  the  harmonization  of  national 

regulations on  the publication, particularly  by  means of  labelling  and 

of  product  information,  of  information  on  energy  consumption  and 

information  supplementary 

thereto  for  the  following  household 

appliances, even when these are sold  for non-household uses: 

-  refrigerators, freezers and their  combinations 

- washing machines, driers and their  combinations 

-  dishwashers 

-  ovens 

- water  heaters 

-  lighting appliances 

(6) 

OJ No L 344, 6.12.1986, p. 24. 

-  17 -

Further  household  appliances  may  be  added  to  the  list  in  accordance 

with Article  10(b). 

2. 

This  Directive  shall  not  apply  to  the  rating  plate  or  its  equivalent 

affixed  for safety purposes to such appliances. 

3. 

For  the  purpose  of  this  Directive  "dealer"  shall  mean  a  retailer  or 

other  person who sells or displays household appliances to end users. 

Article 2 

1. 

The  information  relating  to  the consumption of  energy, other  essential 

resources  and  supplementary  information  of  household  appliances  shall 

be  drawn  up  on  a  comparative  basis  for  the  consumer's  benefit  in 

accordance  with  standards  and methods  laid  down  by Directives  relating 

to each  type of appliance  adopted  in  implementation of  this Directive. 

2. 

This  information  and  the  details of  the  attachment  of  the  label  shall 

be  defined  by  directives relating  to each  type of  appliance  adopted  in 

implementation of  this Directive. 

3. 

The manufacturer  shall  establish  the  technical  documentation  described 

in paragraph  (4) and  it, or  its authorized  representative  established 

in the Community, shall  keep  this documentation at  the disposal  of  the 

national  authorities  for  inspection  purposes  for  a  period  of  not  less 

than 10 years after  the  last product  has been manufactured. 

Where  neither  the  manufacturer  nor  its  authorized  representative  is 

established  in  the  Community,  the  obligation  to  keep  the  technical 

documentation  available  shall  be  the  responsibility  of  the  person  who 

places  the product on the Community market. 

4. 

Technical  documentation shall  enable  the accuracy  of  the  label  and  the 

product  information  fiche to be assessed.  It shall  include: 

- 18 -

a general  description of  the  product, 

the  results  of  design  calculations  carried  out,  where  these  are 

relevant, 

test  reports, 

where  values  are  derived  from  those  obtained  for  similar  models, 

the same  information  for  these models. 

Artlcio 3 

1. 

All  manufacturers  or  their  representatives  established  within  the 

Community 

placing 

the  household 

appliances 

specified 

in  the 

implementing  directives  on  the  market  shall  supply  a  label  in 

accordance with  this Directive. 

2. 

In  addition  to  the  labels,  manufacturers  or  their  authorized 

representatives  established  in  the  Community  shall  provide  a  fiche  of 

product 

information.  This  fiche  shall  be  contained 

in  product 

brochures,  or  other  literature  where  these  are  provided  by  the 

manufacturer,  or  its  representative  established  in  the  Community,  with 

the appllance. 

3. 

Retailers,  or  other  interested  parties,  may  use  the  information 

contained  in  labels  and  in  the  product  information  fiche  to  provide 

comparative  tables giving  the  relative  performance  of  various models. 

Article. 4 

In respect  of  labelling  and  product  information  the  following  provisions  shall 

apply: 

(a) 

Whenever  an  appliance  specified  in  an  implementing  directive  is 

displayed,  dealers  shall  attach  an  appropriate  label,  in  the  position 

specified  in  the  relevant  implementing  directive,  and  in  the  relevant 

-  19 -

language  version.  They  shall  be  responsible  to  their  customers  and  to 

the  public  authorities  for  the  accuracy  of  the  label  and  the  product 

information  fiche.  However,  the  relevant  manufacturer,  and  where 

applicable  its  authorized  representative,  shall  indemnify  dealers  if 

the  former  supply  incorrect  labels  or  product  information  fiches,  or 

otherwise  fail  to  fulfil  the  requirements  of  this  Directive,  or  of  an 

implementing  directive. 

(b) 

The  manufacturer  or  its authorized  representative  shall  supply  free  of 

charge  to  dealers  specified  in  (a), the  necessary  labels.  They  shall 

also  provide  information  as  to  where  the  label  is  to  be  attached,  in 

accordance  with  this Directive  and  the  relevant  implementing  directive. 

Manufacturers  or  their  representatives established  in the Community  are 

free  to  choose  their  own  system  for  delivery  of  labels.  However,  they 

must  also  provide,  with  each  appliance,  an  address  and  telex  or  fax 

number  to which  a dealer  can  send  a  request  for  labels. They  must  then 

take  all  necessary  steps  to  ensure  that  the  necessary  labels  are 

delivered  within  5 working  days  of  their  receipt  of  the  request.  They 

shall  be primarily  responsable  for  ensuring  that  the  labels  and  product 

information  they  supply  complies  in all  respects  with  the  requirements 

of  this Directive, and of  the  relevant  implementing  directive. 

A r t K le  5 

Where  the relevant  appliances are offered  for  sale  by mail  order, by  catalogue, 

or  by other  means which  imply  that  the potential  customer  cannot  be expected  to 

see  the  appliance  displayed,  the  implementing  directives may  make  provision  to 

insure  that  the  potential  customer  is  provided  with  the  information  specified 

in the  label, or  the product  information  fiche. 

Article  6 

The  implementing  directives  shall  require  that  the  label  and  the  fiche  contain 

information  on  airborne  noise, where  such  information  is  produced  pursuant  to 

Directive 86/594.  It may  also  require  that  other  public  information  relating  to 

the  relevant  appliance,  which  is  produced  pursuant  to  other  Community 

legislation,  shall  be  incorporated  on  the  label, or  in the  fiche. 

-  20 -

Article  7 

Every Member  State shall  take all necessary measures to ensure: 

a) 

that  all  manufacturers,  their  representatives  and  dealers 

established  in  their  territory  fulfil  their  obligations  under 

this Direct ive; 

b) 

that  any  label  relating  to energy  consumption  which  is displayed 

within  its  territory  to  potential  purchasers  and  which  is 

attached  to  an  appliance,  in  relation  to  which  an  implementing 

directive  is  in  force,  complies  in  all  respects  with  the 

requirements  of  this  Directive  and  of  the  relevant  implementing 

direct ives-, 

c) 

that  the display  in a similar manner of  labels, marks, symbols or 

inscriptions  relating  to energy  consumption  which  do  not  comply 

with  the  requirements  of  this  Directive  and  of  the  relevant 

implementing  directives  is  prohibited,  if  this  is  likely  to 

mislead or confuse; 

d)  that, where manufacturers or  their  representatives fail  to fulfil 

their  obligation  under  this  Directive,  or  an  implementing 

directive, that dealers are able to take appropriate  legal  action 

to enforce compliance, and  to recover damages; 

e) 

that, where  dealers  fail  to  fulfil  their  obligations  under  this 

Directive,  that  actual  or  potential  customers,  or  other 

interested  parties, are  able  to take  appropriate  legal  action  to 

enforce compliance and  to recover damages. 

Article 8 

Compliance  with  the  national  provisions  bringing  into  force  this 

Directive,  and  the  implementing  directives,  shall  be  verified,  by 

Member  States,  after  the  appliance  has  been  placed  on  the  market. 

Member  States  shall  supply  the  Commission  with  any  appropriate 

information and statistics on the operation of  the system. 

-  21 -

Article 9 

1. 

No  Member  State  may  either  prohibit  or  restrict  the  placing  on  the 

market of  the household appliances covered by an  implementing  directive 

on  grounds  relating  to  the  indication  by  labelling  of  their  energy 

consumption  or  other  information  compulsorily  included  on  the  label, 

where  the  provisions  of  this  Directive  and  of  the  implementing 

directives are satisfied. 

2. 

Without  prejudice  to  the  outcome  of  any  checks  carried  out  by  Member 

States  once  such  appliances  are  displayed  to  potential  purchasers, 

Member  States shall  deem  the attaching of  the relevant  label  to and  the 

provision of  the relevant  fiche for  the household  appliances covered by 

an  implementing directive and which  have been placed on  the market, or 

displayed,  to  comply  with  the  provisions  of  this  Directive  and  the 

implementing  directives  in  respect  of  labelling,  and  of  the  product 

information fiche. 

Article  10 

The  main  measures  relating  to  the  establishment  and  operation  of  the  scheme 

shall  be  adopted  and  adapted  to  technical  progress  in  accordance  with  the 

procedure  laid down  in Article 11.  These measures  include: 

a) 

the  implementing directives; 

b) 

the  addition  of  further  household  appliances  to  the  list  in 

Article  1(1)  where  significant  energy  savings  are  likely  to  be 

achieved. 

-  22 -

Article 11 

A  consultative  committee  composed  of  the  representatives of  the Member  States 

and  chaired  by  the  representative of  the Commission  is hereby  set  up  to assist 

the  Commission  in  taking  the  measures  referred  to  in  this  Directive  and,  in 

particular,  in Article 10. 

The  representative of  the Commission  shall  submit  to  the  committee  a  draft  of 

the measures  to be  taken. The committee shall  deliver  its opinion on  the draft 

within a time  limit which  the chairman may  lay down according  to the urgency of 

the matter,  if necessary by  taking a vote. 

The  opinion  shall  be  recorded  in  the minutes;  in addition, each  Member  State 

shall  have the right  to ask  to have  its position  recorded  in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 

committee.  It shall  inform the committee of  the manner  in which  its opinion  has 

been taken  into account. 

Article  12 

The  implementing directives shall  specify: 

a) 

the exact  definition of  the type of appliances to be  included; 

b) 

the measurement  standards and methods  to be used  in obtaining  the 

information  referred  to  in Article 2(2); 

c) 

the design and content of  the  label  specified  in Article 3(1); 

d) 

the  location  in which  the  label  shall  be  fixed  to  the appliance. 

Where  appropriate  it may  also make  provisions  for  a  label  to be 

attached  to or printed on the packaging; 

e) 

the  content  of  the  fiche  of  further  information  specified  in 

Article 3(2). They may also specify  its format, and other  details 

as to how  it shall  be provided; 

-  23 -

f) 

they  may  specify  the  information  to be  provided  in  the  case  of 

offers  for  sale covered  by Article  5, and  the manner  in which  it 

is to be provided. 

Article  13 

Directive  79/530/EEC  is hereby  repealed, with  effect  from  the moment  when all 

Member  States  bring  into  force  the  provisions  necessary  to  comply  with  this 

Direct ive. 

Directive  79/531/EEC  shall  be  considered  as  implementing  this  Directive  for 

electric  ovens;  however,  Member  States  may  refrain  from  its  compulsory 

implementation, until  a  date  set  in a  revised  implementing  directive  adopted 

pursuant  to Article 10. 

Article  14 

1. 

Member  States shall  adopt  the provisions necessary  to comply  with  this 

Directive by  1 July  1992 and  shall  bring  them  into  force by  1 January 

1993. They shall  immediately  notify  the Commission of  their adoption. 

When  Member  States  adopt  these  provisions,  these  shall  contain  a 

reference  to  this Directive or  shall  be  accompanied  by  such  reference 

at  the  time  of  their  official  publication.  The  procedure  for  such 

reference shall  be adopted by Member States. 

2. 

Member  States  shall  communicate  to  the  Commission  any  measures  which 

they  take  in the field covered by  this Directive. 

Article 1S 

This Directive  is addressed  to the Member  States. 

Done at Brussels, 

For  the Council 

The President 

ISSN 0254-1475 

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