Proposal for a Directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products {SEC(2008) 2862} {SEC(2008) 2863}
Date: 2008-11-13
Institutions: European Commission
Subjects: consumer information, energy consumption, household electrical appliance, labelling

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.11.2008 
COM(2008) 778 final 

2008/0222 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the indication by labelling and standard product information of the consumption of 
energy and other resources by energy-related products 

(presented by the Commission) 

{SEC(2008) 2862} 
{SEC(2008) 2863} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Objective 

The aim of the recast of Council Directive 92/75/EEC of 22 September 1992 on the indication 
by  labelling  and  standard  product  information  of  the  consumption  of  energy  and  other 
resources by household appliances and repealing Directive 79/530/EEC, hereafter referred to 
as  the  "Energy  Labelling  Directive"  or  "ELD",  is  to  extend  its  scope,  currently  restricted  to 
household  appliances,  to  allow  for  the  labelling  of  all  energy-related  products  including  the 
household,  commercial  and  industrial  sectors  and  some  non-energy  using  products  such  as 
windows which have a significant potential to save energy once in use or installed (means of 
transport  are  excluded)..  In  doing  so,  it  follows  the  overall  objective  to  ensure  the  free 
movement of products and improve their energy efficiency performance, thereby contributing 
to  the  Community  objectives  of  strengthening  the  internal  market,  innovation,  EU's 
competitiveness,  protecting  the  environment  and  combating  climate  change.  This  would 
complement existing environmental policy, such as, with regard to energy use, the energy and 
climate package adopted by the Commission in January 20081. 

The  resulting  framework  Directive  on  labelling  which  also  includes  provisions  relating  to 
public  procurement  and  incentives  will  be  an  essential  building  block  for  an  integrated 
sustainable  environmental  product  policy,  promoting  and  stimulating  the  demand  for  better 
products and helping consumers to make better choices.  

The  recast  of  the  Energy  Labelling  Directive  was  announced  as  a  priority  of  the  Energy 
Efficiency Action Plan2 and of the Sustainable Consumption and Production and Sustainable 
Industrial Policy (SCP/SIP) Action Plan3. The SCP/SIP concluded that the Energy Labelling 
Directive  should  be  amended 
the  one  hand,  use  phase  energy 
indicate,  on 
consumption/savings  and,  on  the  other  hand,  other  relevant  and  significant  environmental 
parameters of the product. 

to 

General context 

The  SCP/SIP  has  shown  that  the  limited  scope  of  the  Energy  Labelling  Directive  ("ELD") 
restricts its potential to further mitigate climate change and contribute to the EU-wide target 
of 20% energy efficiency gains by 2020 and achieve the goals of sustainable production and 
consumption.  

The  current  ELD  is  a  framework  that  mandates  the  Commission  (assisted  by  a  Regulatory 
Committee)  to  adopt  labelling  implementing  measures  for  specific  household  appliances4. 
The ELD requires retailers to display a comparative label showing the level of consumption 
of household products to consumers at the point of sales.  

1 
2 
3 
4 

COM(2008) 30 final. 
COM(2006)545 final of 19.10.2006 
COM(2008) … 
Refrigerators,  freezers  and  their  combinations,  washing  machines,  driers  and  their  combinations, 
dishwashers,  ovens,  water  heaters  and  hot-water  storage  appliances,  lighting  sources  and  air-
conditioning appliances. 

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The  labelling  scheme  set  by  the  ELD  provides  consumers  with  useful  and  comparable 
information on the use of energy (and other resources such as water) of household appliances. 
It allows consumers to consider investing in better performing appliances which have reduced 
running costs and allow realising savings which more than outweigh the difference in price. 
The  ELD  also  helps  manufacturers  to  position  their  products  on  the  market  and  reap  the 
benefits on their investments for introducing better and more innovative products.  

The impact assessment study shows that the ELD could deliver more savings in energy and 
reduction of environmental impacts if extended to all energy-related product groups (i.e. those 
products  that  have  an  impact  on  energy  consumption  during  use).  Some  other  changes  can 
further  increase  the  effectiveness  of  the  ELD,  such  as  the  possibility  to  implement  the 
framework  through  regulations  or  decisions  instead  of  directives,  and  the  possibility  to  set 
classes of efficiency under which Member States should not provide incentives or procure. 

Provisions on market surveillance as already introduced under the Eco-design Directive have 
been added.  

Existing Community provisions 

The Community regulatory framework concerning labelling of energy-related products is set 
in  the  ELD,  which  introduces  the  requirements  for  the  labelling  of  particular  household 
appliances in its implementing measures. The measures (so-called "daughter directives") are 
adopted  under  the  regulatory  comitology  process  (a  proposal  is  currently  tabled  for 
introducing the reinforced scrutiny of the Parliament). Under the ELD, the Commission has 
already adopted implementing Directives for 8 household appliances (refrigerators, freezers, 
washing machines, dishwashers, dryers, lamps, air conditioners, electric ovens). 

The  ELD  is  complementary  to  existing  Community  instruments,  such  as  the  Ecodesign 
Directive (setting minimum environmental standards), the Energy Star Regulation5 (voluntary 
energy  labelling  of  office  equipment)  and  the  Eco-label  Regulation6  (voluntary  label  for 
environmental excellence covering all environmental aspects of products throughout their life 
cycle).  

Consistency with other policies and rules 

5 
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OJ L 39, 13.2.2008 
OJ L 237, 21.9.2000 

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The proposal is fully consistent with the objectives and aims of the Commission's Sustainable 
Consumption and Production / Sustainable Industrial Policy Communication and Action Plan, 
the European Union Sustainable Development Strategy, the Lisbon Strategy, the Community 
Sixth  Environmental  Action  Programme7,  the  Integrated  Product  Policy8  and  Natural 
Resource  Strategy.  The  proposal  also  contributes  to  other  policies  such  as  informing  and 
empowering  consumers.  The  proposal  is  also  in  line  with  the  Commission's  rolling 
simplification  programme  Better  Regulation:  Simplification  Strategy9  and  the  Inter-
institutional Agreement on Better Law-Making. 

2. 

CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultations 

The  consultation  of  stakeholders  on  the  review  of  the  ELD  was  made  in  a  workshop  on  8 
February 2008 and a public consultation was launched on the impact assessment website of 
the Commission and on the relevant EUROPA websites between 20 December 2007 and 22 
February 2008. 

The results of the consultations were fed into the impact assessments on the extension of the 
ELD. 

•  Collection and use of expertise 

External  expertise  of  Europe  Economics,  Fraunhofer-ISI  with  BSR  Sustainability  and  FfE 
was used for supporting the impact assessment. 

•  Impact assessment  

The extension of the scope of the ELD is part of the Energy Efficiency Action Plan and of the 
SCP/SIP  Communication  and  Action  Plan.  The  revision  looked  into  different  options 
regarding the labelling of an extended range of products. The impact assessment showed that 
the ELD, in combination with the Ecodesign Directive, could achieve further energy savings 
and  reduction  of  environmental  impacts  if  extended  to  all  energy-related  products.  Such 
extension could further reduce the effects of climate change and significantly contribute to the 
EU-wide energy efficiency targets. 

The impact assessment report therefore analyses whether and how the scope of the ELD can 
be extended, for which products labelling appears to be a relevant policy instrument and what 
impacts  that  could  have.  The  objective  of  the  report  is  therefore  to  determine  the  optimal 
scope of such an extension. Considering that the ELD is a framework directive with no direct 
impact on products, the environmental, economic and social impacts can only be quantified 
for implementing measures adopted for specific products pursuant to the ELD. 

The impact assessment considered the following options:  

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Sixth  Community  Environment  Action  Programme,  laid  down  by  Decision  No  1600/2002/EC  of  the 
European Parliament and of the Council of 22 July 2002 (OJ L 242, 10.9.2002, p. 1.). 
Communication from the Commission to the Council and the European Parliament - Integrated Product 
Policy - Building on Environmental Life-Cycle Thinking, (IPP) (COM (2003) 302 final). 
COMM (2005) 535 final of 25.10.2005 

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1. 

2. 

3. 

4. 

No extension of the scope and fully implement the present ELD, 

Non-regulatory action, 

Amend the ELD, including coverage of all energy-related products, and 

Repeal  the  ELD  and  implement  energy  labelling  within  the  Ecodesign  Directive, 
including coverage of all energy-related products. 

According  to  the  impact  assessment,  the  first  policy  option  to  fully  implement  the  current 
framework,  based  on  the  considered  priority  household  appliances,  could  lead  to  savings  of 
some  22  Mtoe10  by  2020,  corresponding  to  emission  savings  of  about  65  Mt  of  CO2.  The 
second policy option (voluntary agreements/self commitments) would have the advantages of 
adding little administrative burden to the business and administrations but would fully rely on 
the willingness of the industry which rejected this option and giving preference to a regulatory 
approach under Article 95 of the Treaty which ensures a level playing field. The third option 
to  fully  exploit  the  current  framework  and  extend  the  scope  to  all  energy-related  products 
involves  some  administrative  burden  for  the  recast  but  would  save  some  €4  million  in 
transposition  costs  per  every  upgraded  or  newly  developed  implementing  measure  (if 
regulations/decisions  be  used  instead  of  directives)  and  could  lead  to,  based  alone  on  the 
impact  of  the  three  priority  product  groups  considered  as  examples,  additional  savings  of 
about 5 Mtoe, corresponding to total savings of 27 Mtoe by 2020, corresponding to some 78 
Mt  of  CO2  reduction.  The  fourth  policy  option,  repeal  the  ELD  and  implement  energy 
labelling  within  the  Ecodesign  Directive,  could  lead  to  equivalent  savings  as  the  previous 
policy option, however, due to their differences in nature the merging of these two Directives 
into one single legal instrument would lead to complications instead of simplification of the 
legal framework. Further savings would come from other product not yet considered in this 
impact  assessment  (subject  to  product  specific  impact  assessments)  and  from  the  use  of  the 
energy label as a basis for harmonised public procurement and incentives. 

An extended scope will allow introducing implementing measures for those non energy-using 
product  categories  that  have  the  highest  potential  for  improvement  of  environmental 
performance and energy efficiency whilst also leading to the highest savings during the use 
phase. This would not be possible under the current Directive which is restricted to energy-
using household appliances. Detailed analyses will be conducted for the impact assessments 
that need to be prepared for each implementing measure. 

The  result  of  the  impact  assessment  is  that  either  full  implementation  of  the  current 
framework  or  "a  fortiori"  an  extension  from  household  appliances  to  all  energy-related 
products through recast would be the preferred options.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

This proposal extends the scope of the framework ELD from household appliances to cover 
all  energy-related  products,  leaving  it  to  the  implementing  measures,  after  consultation  of 

10 

Mtoe is mega tonne oil equivalent. The tonne of oil equivalent (toe) is a unit of energy, the amount of 
energy released by burning one tonne of crude oil, approximately 42 GJ. 

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stakeholders  and  impact  assessment,  to  define  the  exact  type  of  products  to  be  labelled  in 
implementing measures. Other changes relate to the possibility to implement the framework 
through  regulations  or  decisions  instead  of  directives,  to  the  legal  protection  of  the 
Community label against potential abuse, and the possibility to set classes of efficiency under 
which Member States should not provide incentives or procure. 

•  Legal basis 

The legal basis of this proposal for a recast of Council Directive 92/75/EEC  is provided by 
Article 95 of the EC Treaty, which sets out the principles for the establishment of the internal 
market.  The  ELD  ensures  the  completion  of  a  well-functioning  internal  market  with  a  level 
playing  field  excluding  technical  barriers  to  trade,  the  free  movement  of  products  falling 
within  its  scope  that  satisfies  the  labelling  requirements  laid  down  in  the  implementing 
measures adopted under the Directive. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reasons.  

National  mandatory  labelling  schemes  would  create  barriers  to  intra  Community  trade, 
generate  undue  costs  for  industry  and  constitute  obstacles  to  the  free  movement  of  goods 
within the Community. 

Member States are assigned appropriate responsibilities with regard to the implementation of 
Community legislation related to energy efficiency of products and market surveillance. This 
includes the Regulatory Comitology process in which Member States are represented. 

Community action will better achieve the objectives of the proposal for the following reasons. 

Acting at the Community level is the only way to achieve the objective of the proposal while 
ensuring  that  the  requirements  for  products  placed  on  the  market  are  equal  in  all  Member 
States, thereby ensuring the free movement of goods in the Community. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

This proposal does not go beyond what is necessary in order to achieve the objective, and is 
therefore  in  accordance  with  the  principle  of  proportionality,  as  set  out  in  Article  5  of  the 
Treaty. 

Administrative  and  financial  burden  falling  upon  the  Community  and  national  authorities  is 
minimized  by  including  the  labelling  requirements  for  all  energy-related  products  in  the 
Directive as proposed.  

The  possible  increase  in  average  production  costs  which  may  be  incurred  by  the  affected 
manufacturers  can  be  transferred  to  users  via  increased  prices  of  products,  such  increase  is 
outweighed by the benefits to be gained from reduction of adverse effects on the environment 

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and  monetary  savings  made  by  users  due  to  increased efficiency  of products during the use 
phase and reduced running costs. 

•  Choice of instruments 

Proposed instruments: recast of directive. 

The  proposed  instrument  is  in  line  with  the  Inter-institutional  Agreement  on  Better  Law-
Making  and  consistent  with  the  option  of  including  the  new  provisions  in  the  framework  of 
existing Community legislation. 

4. 

BUDGETARY IMPLICATION 

There  is  no  impact  on  the  Community  budget.  Administrative  expenditure  will  be 
covered by the usual annual budgetary allocation. 

5. 

ADDITIONAL INFORMATION 

•  National provisions 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national  law  which  they  adopt  in  the  field  covered  by  this  Directive  and  its  implementing 
measures. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

•  Detailed explanation 

Since a number of substantial amendments, relating to the extension of the product scope to 
include all energy-related products are to be made, the ELD should be recast11 in the interests 
of  clarity.  The  Commission  stresses  the  importance  of  not  disrupting  the  ongoing 
implementation  of  the  present  ELD  by  limiting  the  proposal  to  changes  that  do  not  affect 
implementing measures under preparation. 

Amendments  are  introduced  into  the  recitals  and  provisions  of  the  ELD  to  reflect  the 
extension  of  the  scope  to  cover  all  energy-related  products  and  aim  at  increasing  the 
effectiveness of the Directive. 

In Article 1, the scope for household appliances is replaced by energy-related products and a 
list is of exemptions is provided for which the Directive is not applicable. 

In Article 2, the definition of energy-related product and fiche are introduced and the wording 
mirrors the definition used in the draft proposal extending the Eco-design Directive. 

11 

The  relevant  rules  on  recasting  of  Community  legislation  apply,  namely  the  Interinstitutional 
Agreement  of  28  November  2001  on  a  more  structured  use  of  the  recasting  technique  for  legal  acts, 
Official Journal C 077, 28/03/2002 p.1, and Rules 80 A of the European Parliament Rules of procedure. 

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In Article 3, the responsibilities of Member States are set and new provisions are introduced 
for  compliance  checking.  Enforcement  is  strengthened  and  co-operation  and  exchange  of 
information  between  Member  States  are  included  (as  set  out  in  the  Eco-design  Directive). 
Member  States  are  required  to  submit  a  report  every  two  years  to  the  Commission  on  their 
enforcement activities and the level of compliance.  

In  Article  4,  it  is  made  clear  that  the  information  requirements  also  apply  to  built-in  and 
installed products. 

In  Article  5,  respective  responsibilities  for  suppliers  to  properly  display  labels  and  provide 
fiches  with  products  are  clarified  and  a  new  provision  is  added  under  which  the  technical 
documentation shall be available electronically if requested by market surveillance authorities 
of the Member States. 

In  Article  6,  the  responsibilities  for  dealers  to  properly  display  labels  and  make  fiche  and 
other accompanying literature available are clarified. 

In Article 7 labelling requirements are extended to cover distance selling. 

In  Article  8  provisions  are  introduced  on  free  movement  of  products  complying  with  the 
applicable implementing measure. 

In  Article  9,  provisions  on  public  procurement  in  line  with  Directive  2004/18/EC12  and 
incentives related to the uptake of energy performing products are introduced. 

In  Article  10  the  wording  has  been  amended  to  reflect  the  comitology  procedure  under 
Decision 1999/468/EC. 

In Article 11, the content of implementing measures is extended to set common criteria for 
having implementing measures to include where appropriate minimum labelling classes and 
other  relevant  performance  level(s)  for  public  procurement  and  incentives,  and  set  the 
duration  of  label  classification(s)  and  the  elements  of  the  label  content  for  advertising  by 
means of distance selling. 

In Article 12 a clause is inserted on penalties applicable to infringements of the provisions of 
the Directive by the Member States, in line with similar provisions already applicable under 
the Ecodesign Directive. 

Article  13  sets  the  provisions  for  implementation  of  the  recast  Directive  by  Member  States 
and defines its date of application. 

Article 14 repeals Council Directive 92/75/EEC. 

Annex I Part A lists the repealed Directive and its successive amendment and Part B lists 
the time-limits for transposition into national law. 

An Annex II contains the correlation table. 

12 

OJ L 134, 30.4.2004 

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(cid:208) 92/75/EEC (adapted) 
(cid:214) new 
2008/0222 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the indication by labelling and standard product information of the consumption of 
energy and other resources by household appliances (cid:214) energy-related products  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community,  and  in 
particular Article 100a ⌦ 95 ⌫ thereof, 

Having regard to the proposal from the Commission13, 

Having regard to the opinion of the European Economic and Social Committee14, 

Having regard to the opinion of the Committee of the Regions15, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty16, 

Whereas:  

(cid:216) new 

Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and 
standard  product  information  of  the  consumption  of  energy  and  other  resources  by 
household  appliances17  has  been  substantially  amended18.  Since  further  amendments 
have to be made, it should be recast in the interests of clarity. 

The  scope of Council Directive  92/75/EEC is restricted to household appliances; the 
Sustainable  Consumption  and  Production  and  Sustainable  Industrial  Policy  Action 
Plan19  has  shown  that  the  extension  of  the  scope  of  the  Directive  to  energy-related 
products  which  have  an  impact  on  energy  consumption  during  use,  could  reinforce 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 297, 13.10.1992, p 16. 
See Annex I part A. 
COM(2008) 397/3. 

(1) 

(2) 

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potential  synergies  between  existing  legislative  measures,  and  in  particular  with 
Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 
establishing  a  framework  for  the  setting  of  ecodesign  requirements  for  energy-using 
products  and  amending  Council  Directive  92/42/EEC  and  Directives  96/57/EC  and 
2000/55/EC  of  the  European  Parliament  and  of  the  Council20,  and  bring  additional 
energy savings and environmental gains. 

Whereas  measures  should  be  taken  progressively  to  achieve  the  internal  market  by  31 

December 1992; 

(cid:208) 92/75/EEC Recital 1 (adapted) 

(cid:208) 92/75/EEC Recital 2 (adapted) 

Whereas  certain  Member  States  already  have  their  own  voluntary  schemes  for  energy 
labelling  and  the  provision  of  other  energy  consumption  information  for  household 
appliances;  whereas  one  Member  State  has  formally  proposed  introducing  its  own 
compulsory  labelling  scheme,  and  other  Member  States  are  considering  such 
introduction;  whereas  the  existence  of  a  number  of  compulsory  national  schemes 
would create barriers to intra-Community trade; 

Whereas  Article  130r  of  the  Treaty  requires  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 achieved and environmental pollution reduced; 

(cid:208) 92/75/EEC Recital 3 (adapted) 

(cid:208) 92/75/EEC Recital 4 (adapted) 
(cid:214) new 

(3) 

The provision of accurate, relevant and comparable information on the specific energy 
consumption of household appliances (cid:214) energy-related products  may influence the 
public's  (cid:214) end-user's   choice  in  favour  of  those  appliances  (cid:214) products   which 
consume  (cid:214) or  indirectly  result  in  consuming   less  energy  (cid:214) and  other  essential 
resources  during  use ,  thus  prompting  manufacturers  to  take  steps  to  reduce  the 
consumption  of  the  appliances  (cid:214) energy  and  other  essential  resources  of  the 
products   which  they  manufacture;  it  will⌦ should ⌫  also,  indirectly,  encourage 
the efficient use of these appliances (cid:214) products . In the absence of this information, 
the  operation  of  market  forces  alone  will  fail  to  promote  the  rational  use  of  energy 
(cid:214) and other essential resources  for these appliances (cid:214) products .  

(cid:208) 92/75/EEC Recitals 5 and 6 
(adapted) 
(cid:214) new 

(4) 

Information  plays  a  key  role  in  the  operation  of  market  forces  and  it  is  therefore 
necessary  to  introduce  a  uniform  label  for  all  appliances  (cid:214) products   of  the  same 

20 

OJ L 191, 22.7.2005, p. 29. 

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type, to provide potential purchasers with supplementary standardized information on 
those appliances' (cid:214) products'  costs in terms of energy and the consumption of other 
(cid:214) essential   resources  and  to  take  measures  to  ensure  that  potential  purchasers 
(cid:214) end-users   who  do  not  see  the  appliance  (cid:214) product   displayed,  and  thus  have 
no opportunity to see the label, are also supplied with this information(cid:214) ; in order to 
be efficient and successful, the label should be easily recognisable to end-users, simple 
and  concise ;.  To  this  end  the  energy  consumption  of  and  other  information 
concerning  each  type  of  appliance  (cid:214) the  products   should  be  measured  in 
accordance  with  harmonized  standards  and  methods  and  the  application  of  these 
standards and methods must be monitored at the marketing stage. 

(cid:208) 92/75/EEC Recital 7 (adapted) 

Whereas  Directive  79/530/EEC21  sought  to  promote  these  aims  in  the  case  of  household 
appliances; whereas, however, only one implementing Directive for electric ovens has 
been  adopted  and  few  Member  States  have  introduced  this  label;  whereas  it  is 
therefore  now  necessary  to  learn  from  the  experience  acquired  and  to  strengthen  the 
provisions of that Directive; whereas Directive 79/530/EEC must therefore be replaced 
and  Directive  79/531/EEC22  applying  to  those  electric  ovens  should  be  revised  and 
subsequently integrated into the present scheme; 

(5)  Member States should monitor compliance with this Directive with special regard to 

the responsibilities of suppliers and dealers. 

(cid:216) new 

(cid:208) 92/75/EEC Recital 8 (adapted) 
(cid:214) new 

(6) 

A  completely  voluntary  scheme  would  lead  to  only  some  appliances  (cid:214) products  
being  labelled,  or  supplied  with  standard  product  information,  with  the  risk  that  this 
might  result  in  confusion  for  some  consumers  (cid:214) end-users   .  The  present  scheme 
should therefore ensure that for all the appliances (cid:214) products  concerned, the energy 
consumption  ⌦ of  energy ⌫  (cid:214) and  other  essential  resources   is  indicated  by 
labelling and standard product fiches are provided. 

(cid:208) 92/75/EEC Recital 9 (adapted) 
(cid:214) new 

(7) 

Household  appliances  use  (cid:214) Energy-related  products have  an  impact  on  the 
consumption of  a wide variety of forms of energy (cid:214) during use , with electricity 
and  gas  being  the  most  important.  This  Directive  must  (cid:214) should   therefore  in 
principle  cover  appliances  using  (cid:214) energy-related  products  having  an  impact  on  the 
consumption of  any form of energy. 

21 
22 

OJ No L 145, 13. 6. 1979, p. 1. 
OJ No L 145, 13. 6. 1979, p. 7. 

EN 

11 

   EN 

 
 
 
 
 
                                                 
Whereas  Council  Directive  86/594/EEC  of  1  December  1986  on  airborne  noise  emitted  by 
household appliances23 provides for an indication of noise emission to be included on 
energy  labels,  where  appropriate;  whereas  provision  must  therefore  be  made  for  the 
incorporation of any other information and labelling covered by Community schemes; 

(cid:208) 92/75/EEC Recital 10 (adapted) 

(8) 

(9) 

(cid:208) 92/75/EEC Recital 11 (adapted) 
(cid:214) new 

Only  those  types  of  appliances  whose  aggregate  (cid:214) energy-related  products which 
have  a  significant  impact  on  consumption  of   energy  (cid:214) or,  where  relevant,  of 
essential  resources  during   use  is  significant  and  which  afford  adequate  scope  for 
increased  efficiency  need ⌦ should ⌫  be  included  (cid:214) covered  by  an  implementing 
measure, when provision of information through labelling may stimulate end-users to 
purchase more efficient products  . 

(cid:216) new 

A number of Member States have public procurement policies in place which require 
contracting  authorities  to  procure  energy  efficient  products.  A  number  of  Member 
States also have put in place incentives for energy efficient products. The criteria for 
products  to  be  eligible  for  public  procurement  or  incentives  can  substantially  differ 
from  one  Member  State  to  the  other.  To  refer  to  performance  classes  as  levels  for 
particular products as set out in implementing measures to the Directive, may reduce 
fragmentation  of  public  procurement  and  incentives  and  facilitate  the  uptake  of 
efficient products; 

(10)  When  laying  down  public  procurement  provisions  in  implementing  measures  under 
this  Directive,  proportionate  thresholds  in  terms  of  value  and  volume  of  public 
procurement  should  be  set,  taking  into  account  the  administrative  burden  and 
enforceability of procurement rules for the Member States; 

(11) 

Incentives which Member States may provide for the promotion of efficient products 
might constitute state aid. This Directive does not prejudice the outcome of any future 
state aid procedure that may be undertaken in accordance with Articles 87 and 88 of 
the Treaty in their respect; 

(12)  The promotion of energy efficient products through labelling, public procurement and 

incentives should not be to the detriment of their overall environmental performance; 

(13)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission24; 

23 
24 

OJ No L 344, 6. 12. 1986, p. 24. 
OJ L 184, 17.7.1999; p. 23. 

EN 

12 

   EN 

 
 
 
 
                                                 
(14)  Power  should  be  conferred  on  the  Commission  to  adopt  implementing  measures  in 
respect  of  labelling  and  standard  product  information  of  the  consumption  of  energy 
and other essential resources by energy-related products. Since those measures are of 
general scope and are designed to amend non-essential elements of this Directive by 
supplementing  it,  they  shall  be  adopted  in  accordance  with  the  regulatory  procedure 
with scrutiny provided for in Article 5a of Decision 1999/468/EC; 

(15)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directive. The obligation to transpose the provisions which are unchanged arises under 
the earlier Directive. 

(16)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directive set out in Annex I, Part B, 

HAVE ADOPTED THIS DIRECTIVE:  

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

Article 1 

⌦ Scope ⌫ 

1. The purpose of this Directive is to enable (cid:214) This Directive establishes a framework for  
the  harmonization  of  national  measures  on  the  publication  (cid:214) end-user  information , 
particularly  by  means  of  labelling  and  of  product  information,  of  information  on  the 
consumption of energy and of other essential resources, and additional ⌦ supplementary ⌫ 
information  concerning  certain  types  of  household  appliances  (cid:214) energy-related  products , 
thereby  allowing  consumers  (cid:214) end-users   to  choose  more  energy  efficient  appliances 
(cid:214) products .  

2. This Directive shall apply to (cid:214) energy-related products which have a significant impact on 
the consumption of energy and, where relevant, on other essential resources during use  the 
following types of household appliances, even where these are sold for non-household uses:. 

– 

– 

– 

– 

– 

– 

– 

refrigerators, freezers and their combinations, 

washing machines, driers and their combinations, 

dishwashers, 

ovens, 

water heaters and hot-water storage appliances, 

lighting sources, 

air-conditioning appliances. 

EN 

13 

   EN 

 
 
2. Further types of household appliances may be added to the list in this Article in accordance 
with Article 9 (b). 

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

3. 

This Directive shall not apply to 

(cid:214) (a) 

second-hand products;  

(cid:214) (b) 

any means of transport for persons or goods;  

(c) 

the  rating  plate  or  its  equivalent  affixed  for  safety  purposes  to  such  appliances 
(cid:214) products . 

Article 2 

⌦ Definitions ⌫ 

4. For the purpose of this Directive: 

– 

– 

– 

– 

– 

– 

– 

– 

(cid:214) "energy-related  product",  hereinafter  referred  to  as  "product",  means  any  good 
having an impact on energy consumption during use, which is placed on the market 
and/or put into service in the Community, including parts intended to be incorporated 
into  energy-related  products  covered  by  this  Directive  which  are  placed  on  the 
market  and/or  put  into  service  as  individual  parts  for  end-users  and  of  which  the 
environmental performance can be assessed independently;   

(cid:214) "fiche" means a standard table of information relating to a product;   

"other essential resources" means water, chemicals or any other substance consumed 
by an appliance (cid:214) a product  in normal use,; 

"supplementary  information"  means  other  information  concerning  the  performance 
(cid:214) and features  of an appliance (cid:214) a product , which relates (cid:214) relate  to, or is 
(cid:214) are  helpful in evaluating, its use of energy or other essential resources,; 

"significant environmental aspects" means those aspects identified as significant for 
an energy-related product in an implementing measure adopted pursuant to Directive 
2005/32/EC with respect to that product; 

"dealer" means a retailer or other person who sells, hires, offers for hire-purchase or 
displays household appliances (cid:214) products  to end-users,; 

"supplier" means the manufacturer (cid:214) , importer  or its authorized representative in 
the Community or the person who places the product on the Community market. 

information sheet means a standard table of information relating to the appliance in 
question, 

EN 

14 

   EN 

 
 
5. There shall be no obligation to label or to provide fiches in respect of models of appliances 
of which production has ceased before the relevant implementing directive comes into effect, 
or second-hand appliances. 

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

Article 73 

⌦ Responsibilities of Member States ⌫ 

1. Member States shall take all necessary measures to ensure that:  

(a) 

(b) 

(c) 

(d) 

all  suppliers  and  dealers  established  in  their  territory  fulfil  their  obligations 
under (cid:214) as referred to in Articles 5 and 6 of  this Directive; 

(cid:214) with  respect  to  products  covered  by  this  Directive,    ⌦ the  display  of  other 
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  (cid:214) measures   is  prohibited,  This  prohibition  shall  not  apply  to 
Community  or  national  environmental  labelling  schemes;  ⌦ if ⌫  this  ⌦ such 
display ⌫  is  likely  to  mislead  or  confuse consumers ⌦ end-users°⌫  (cid:214) with 
respect to the consumption of energy or, where relevant, other essential resources ;  

the  introduction  of  the  system  of  labels  and  fiches  concerning  energy  consumption 
(cid:214) or  conservation   is  accompanied  by  educational  and  promotional  information 
campaigns  aimed  at  encouraging  more  responsible  use  of  energy  by  private 
consumers (cid:214) end-users .; 

(cid:216) new 

appropriate measures are taken in order to encourage the authorities responsible for 
implementing  this  Directive  to  co-operate  with  each  other  and  provide  each  other 
this  Directive. 
with 

functioning  of 

information 

to  assist 

in  order 

the 

The  administrative  co-operation  and  exchange  of  information  shall  take  the  utmost 
advantage of electronic means of communication and may be supported by relevant 
Community  programmes.  Such  co-operation  shall  guarantee  the  security  and 
confidentiality  of  processing  and  the  protection  of  sensitive  information  provided 
during  that  procedure,  where  necessary.  The  Commission  shall  take  appropriate 
measures in order to encourage and contribute to the cooperation between Member 
States referred to in this point. 

2.  Where  a  Member  State  ascertains  that  a  product  does  not  comply  with  all  the  relevant 
requirements  set  out  in  this  Directive  and  its  implementing  measures  for  the  label  and  the 
fiche,  the  supplier  shall  be  obliged  to  make  the  product  compliant  with  those  requirements 
under the conditions imposed by the Member State.  

EN 

15 

   EN 

 
 
 
 
Where  there  is  sufficient  evidence  that  a  product  may  be  non-compliant,  the  Member  State 
concerned shall take the necessary preventive measures.  

Where  non-compliance  continues,  the  Member  State  shall  take  a  decision  restricting  or 
prohibiting the placing on the market and/or putting into service of the product in question or 
ensuring that it is withdrawn from the market. In cases of withdrawal of the product from the 
market  or  prohibition  to  place  the  product  on  the  market,  the  Commission  and  the  other 
Member States shall be immediately informed.  

3. Every two years, the Member States shall submit a report to the Commission detailing their 
enforcement activities and the level of compliance in their territory.  

The  Commission  may  specify  the  details  of  the  common  content  of  these  reports.  Such 
measures,  designed  to  amend  non-essential  elements  of  this  Directive  by  supplementing  it, 
shall  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 10(2).  

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

Article 24 

⌦ Information requirements ⌫ 

(cid:214) Member States shall ensure that:  

(1) 

1. Iinformation relating to the consumption of electric energy, other forms of energy 
and other essential resources, and supplementary information shall be ⌦ is ⌫ (cid:214) , 
in accordance with implementing measures pursuant to this Directive,  brought to 
⌦ the  attention  of ⌫  consumers'  (cid:214) end-users   by  means  of  a  fiche  and  a  label 
related to household appliances (cid:214) products  offered for sale, hire, hire-purchase or 
displayed  to  end-users  (cid:214) directly  or  indirectly  by  any  means  of  distance  selling 
including the internet .; 

2. Details relating to the label and the fiche shall be defined by directives relating to each type 
of appliance adopted pursuant to this Directive in accordance with Article 9. 

(cid:214) (2) 

the information referred to in paragraph 1 shall be provided in respect of built-in or 
installed products only where required by the applicable implementing measure;  

3.  Technical  documentation  shall  be  established  which  shall  be  sufficient  to  enable  the 
accuracy  of  the  information  contained  in  the  label  and  the  fiche  to  be  assessed.  It  shall 
include: 

–  a general description of the product, 

–  the results of design calculations carried out, where these are relevant, 

–  test reports, where available, including those carried out by relevant notified organizations 

as defined under other Community legislation, 

EN 

16 

   EN 

 
 
–  where values are derived from those obtained for similar models, the same information for 

these models. 

4. The supplier shall establish the technical documentation described in paragraph 3. To this 
end  it  may  use  documentation  already  required  on  the  basis  of  relevant  Community 
legislation. The supplier shall make this documentation available for inspection purposes for a 
period ending five years after the last product has been manufactured. 

Article 35 

⌦ Responsibilities of suppliers ⌫ 

(cid:214) Member States shall ensure that:  

(1) 

1.All  suppliers  placing  on  the  market  (cid:214) or  putting  into  service   household 
appliances  specified  in  the  (cid:214) products    ⌦ covered  by  an ⌫  implementing 
directives (cid:214) measure  shall supply a label (cid:214) and a fiche  in accordance with this 
Directive (cid:214) and the implementing measure .  The labels used shall in all  respects 
comply with this Directive and with the implementing directives. 

(2) 

3. ⌦ suppliers establish a ⌫ Ttechnical documentation shall be established which 
shall  be  sufficient  to  enable  the  accuracy  of  the  information  contained  in  the  label 
and the fiche to be assessed. It ⌦ The technical documentation ⌫ shall include: 

(cid:208) 92/75/EEC, Art. 2 (adapted) 
(cid:214) new 

(a) 

a general description of the product, 

(b) 

the results of design calculations carried out, where these are relevant, 

(c) 

test  reports,  where  available,  including  those  carried  out  by  relevant  notified 
organizations as defined under other Community legislation, 

(d)  where values are derived from those obtained (cid:214) used  for similar models, the 
same  information  for  these  (cid:214) references  allowing  identification  of  those  
models. 

4.The supplier shall establish the technical documentation described in paragraph 3. 
To this end it ⌦ suppliers ⌫ may use documentation already required on the basis 
of  ⌦ established  in  accordance  with  requirements  laid  down  in ⌫  relevant 
Community legislation.  

(3) 

The  suppliers  shall  make  this  ⌦ the  technical ⌫  documentation  available  for 
inspection  purposes  for  a  period  ending  five  years  after  the  last  product 
(cid:214) concerned  has been manufactured. 

(cid:214) Suppliers make available an electronic version of the technical documentation on request to 
the market surveillance authorities of the Member States and to the Commission.  

EN 

17 

   EN 

 
 
 
(cid:208) 92/75/EEC, Art. 4 (adapted) 

(4) 

(b) the supplier shall supply the necessary labels free of charge, to dealers referred to 
in paragraph (a). Suppliers are free to choose their own system for delivery of labels. 
However, where a dealer sends a request for labels, the supplier must ensure that the 
requested  labels  are  delivered  promptly.  ⌦ in  respect  of  labelling  and  product 
information, suppliers supply the necessary labels free of charge to dealers. ⌫  

⌦ Without  prejudice  to  the  suppliers'  choice  of  system  for  delivery  of  labels,  suppliers 

promptly deliver labels on request from dealers. ⌫ 

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

(5) 

(6) 

(7) 

(8) 

2.Iin  addition  to  the  labels,  suppliers  shall  provide  a  product  fiche  (cid:214) with  each 
product .  

This fiche shall be contained ⌦ suppliers include a product fiche ⌫ in all product 
brochures.  Where  these ⌦ product  brochures ⌫  are  not  provided  by  the  supplier, 
he shall supply ⌦ the supplier supplies ⌫ fiches with other literature provided with 
the  appliance  (cid:214) product .The  fiches  used  shall  in  all  respects  comply  with  this 
Directive and with the implementing directives.  

3.Ssuppliers shall be ⌦ are ⌫ responsible for the accuracy of the labels and fiches 
that they supply. 

4.Thesuppliers  shall  be  deemed ⌦ are  considered ⌫  to  have  given  his  consent  to 
the publication of the information given on the label or ⌦ in ⌫ the fiche. 

Article 46 

⌦ Responsibilities of dealers ⌫ 

(cid:216) new 

Member States shall ensure that: 

(1) 

dealers display labels properly and make the fiche available in the product brochure 
or other literature that accompanies products when sold to end-users. 

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

(2) 

Iin  respect  of  labelling  and  product  information,  the  following  provisions  shall 
whenever  an  appliance  (cid:214) product   specified  in  an  implementing 
apply:(a) 
directive (cid:214) measure  is displayed, dealers shall attach an appropriate label, in the 
clearly  visible  position  specified  in  the  relevant  ⌦ applicable ⌫  implementing 
directive (cid:214) measure , and in the relevant language version;. 

EN 

18 

   EN 

 
 
 
 
 
(b) 

the supplier shall supply the necessary labels free of charge, to dealers referred to in 
paragraph  (a).  Suppliers  are  free  to  choose  their  own  system  for  delivery  of  labels. 
However, where a dealer sends a request for labels, the supplier must ensure that the 
requested labels are delivered promptly. 

Article 57 

⌦ Distance selling ⌫ 

Where  the  relevant  appliances  (cid:214) products   are  offered  for  sale,  hire  or  hire-purchase  by 
mail order, by catalogue, ⌦ via internet ⌫ or by ⌦ any ⌫ other means which imply that 
the potential customer ⌦ end-user ⌫ cannot be expected to see the appliance (cid:214) product  
displayed,  the  implementing  directives  (cid:214) measures   shall  make  provision  to  ensure  that 
potential customers ⌦ end-users ⌫ are provided with the essential information specified in 
⌦ on ⌫ the label or ⌦ and in ⌫ the fiche before buying an appliance (cid:214) the product . 

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

Article 8 

⌦ Free movement ⌫ 

1.  Where  the  provisions  of  this  Directive  and  of  the  implementing  directives  are  satisfied, 
Member  States  shall  neither ⌦ not ⌫  prohibit,  nor  restrict  (cid:214) or  impede   the  placing  on 
the  market  (cid:214) or  putting  into  service,  within  their  territories,   of  the  household  appliances 
(cid:214) products   ⌦ which  are ⌫  covered  by  an  (cid:214) and  comply with  the  applicable   
implementing directive (cid:214) measure . 

2.  Unless  they  have  evidence  to  the  contrary,  Member  States  shall  deem  ⌦ consider ⌫ 
labels  and  fiches  to  comply  with  the  provisions  of  this  Directive  and  the  implementing 
directives  (cid:214) measures .  They⌦ Member  States ⌫  may  (cid:214) shall   require  suppliers  to 
furnish  ⌦ provide ⌫  evidence  within  the  meaning  of  Article  3  (2)  5  concerning  the 
accuracy  of  the  information  supplied  on  their  labels  or  fiches  when  they  have  reason  to 
suspect it is incorrect. 

EN 

19 

   EN 

 
 
(cid:216) new 

Article 9 

Public procurement and incentives 

1.  Contracting  authorities  which  conclude  public  supply,  works  or  services  contracts  as 
referred to in Directive 2004/18/EC of the European Parliament and of the Council25, which 
are not excluded  by virtue of Articles 12 to 18 of that Directive, shall not procure products 
which do not meet the minimum performance levels laid down in the applicable implementing 
measure. 

2.  The  criteria  for  setting  minimum  performance  levels  for  public  procurement  in 
implementing measures shall be the following: 

(a) 

(b) 

(c) 

cost-effectiveness in relation to public finance, 

the relevance of the products for public procurement, 

the  likelihood  of  stimulating  market  transformation  towards  better  performing 
products, 

(d) 

the need to ensure sufficient competition. 

3.  Paragraph  1  shall  apply  to  contracts  having  a  value  exclusive  of  value-added  tax  (VAT) 
estimated  to  be  equal  or  greater  than  EUR  15000.  Implementing  measures  may  set  the 
threshold  at  a  higher  value  than  EUR  15000  exclusive  of  VAT,  taking  into  account  normal 
purchase prices and volumes. 

4.  Member  States  shall  not  provide  incentives  to  products  which  do  not  meet  the  minimum 
performance levels laid down in the applicable implementing measure.  

5.  When  Member  States  publicly  procure  or  provide  incentives  for  products,  they  shall 
express the performance levels in terms of classes as defined in the applicable implementing 
measure. 

(cid:208) 92/75/EEC 

Article 9 

The measures relating to the establishment and operation of the scheme shall be adopted and 
adapted  to  technical  progress  in  accordance  with  the  procedure  set  out  in  Article  10.  These 
measures are: 

(a) 

the implementing directives; 

25 

OJ L 134, 30.04.2004, p. 114. 

EN 

20 

   EN 

 
 
 
                                                 
(b) 

the  addition  of  further  household  appliances  to  the  list  in  Article  1  (1)  where 
significant energy savings are likely to be achieved. 

(cid:208) 1882/2003 Art. 3 and Annex 
III.32 (adapted) 

Article 10 

⌦ Committee procedure ⌫ 

1. The Commission shall be assisted by a committee. 

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC26 shall 
apply, having regard to the provisions of Article 8 thereof. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

3. The Committee shall adopt its rules of procedure. 

1. The Commission shall be assisted by a committee. 

(cid:216) new 

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

(cid:208) 92/75/EEC (adapted) 

Article 1211 

⌦ Implementing measures ⌫ 

(cid:216) new 

1.  Details  relating  to  the  label  and  the  fiche  shall  be  laid  down  in  implementing  measures. 
Those implementing measures designed to amend non-essential elements of this Directive by 
supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 10(2), relating to each type of product in accordance with this Article. 

When  a  product  meets  the  criteria  listed  under  paragraph  2,  it  shall  be  covered  by  an 
implementing measure in accordance with paragraph 4.  

Provisions in implementing measures regarding information provided on the label and in the 
fiche on the consumption of energy and other essential resources during use shall enable end-

26 

Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the  procedures  for  the  exercise  of 
implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). 

EN 

21 

   EN 

 
 
 
 
 
                                                 
users  to  make  better  informed  purchasing  decisions  and  shall  enable  market  surveillance 
authorities to verify whether products comply with the information provided.  

When an implementing measure lays down provisions with respect to both energy efficiency 
and consumption of essential resources of a product, the design and content of the label shall 
emphasize the energy efficiency of the product. 

2. The criteria referred to in paragraph 1 are the following: 

(a) 

(b) 

(c) 

according to most recently available figures and considering the quantities placed on 
the  Community  market,  the  products  shall  have  a  significant  potential  for  saving 
energy and, where relevant, other essential resources; 

products  with  equivalent  functionality  available  on  the  market  shall  have  a  wide 
disparity in the relevant performance levels; 

the  Commission  shall  take  into  account  relevant  Community  legislation  and  self-
regulation,  such  as  voluntary  agreements,  which  are  expected  to  achieve  the  policy 
objectives more quickly or at lesser expense than mandatory requirements; 

3. In preparing a draft implementing measure, the Commission shall: 

(a) 

(b) 

(c) 

(d) 

take  into  account  those  environmental  parameters  set  out  in  Annex  I,  part  1,  to 
the  relevant 
Directive  2005/32/EC  which  are 
implementing measure adopted under Directive 2005/32/EC and which are relevant 
for the end-user during use; 

identified  as  significant 

in 

assess  the  impact  of  the  measure  on  environment,  end-users  and  manufacturers, 
including  SMEs,  in  terms  of  competitiveness  including  on  markets  outside  the 
Community, innovation, market access and costs and benefits; 

carry out appropriate consultation with stakeholders; 

set implementing  date(s),  any  staged  or  transitional  measure  or  periods,  taking  into 
account  in  particular  possible  impacts  on  SMEs  or  on  specific  product  groups 
manufactured primarily by SMEs. 

(cid:208) 92/75/EEC (adapted) 
(cid:214) new 

4. The implementing directives (cid:214) measures  shall specify ⌦ in particular ⌫: 

(a) 

(b) 

the exact definition of the type of appliances (cid:214) products  to be included; 

the  measurement  standards  and  methods  to  be  used  in  obtaining  the  information 
referred to in Article 1 (1); 

(c)  ⌦ the ⌫ details of the technical documentation required under Article 2(3)5; 

(d) 

the design and content of the label referred to in Article 24, which as far as possible 
shall have uniform design characteristics ⌦ across product groups ⌫; 

EN 

22 

   EN 

 
 
(e) 

(f) 

(g) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

the location where the label shall be fixed to the appliance (cid:214) product displayed and 
the information and manner in which the label and/or information are to be provided 
in  the  case  of  offers  for  sale  as  covered  by  Article  7 .  Where  appropriate, 
they ⌦ the implementing  measures ⌫ may provide for the label to be attached to 
(cid:214) the product  or  printed  on the packaging (cid:214) ,  or  for  the  details  of  the  labelling 
requirements for printing in catalogues, for distance selling and internet sales ; 

the content and where appropriate the format and other details concerning the fiche 
or  further  information  specified  in  Articles  3  4  and  5(23).  The  information  on  the 
label shall also be included on the fiche; 

(cid:216) new 

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. 

for  relevant  products,  the  minimum  performance  levels  and,  where  appropriate,  a 
threshold higher than EUR 15 000 exclusive of VAT for the purposes of Article 9(1) 
and (3); 

for  relevant  products,  the  minimum  performance  levels  for  the  purposes  of  Article 
9(4); 

the specific content of the label for advertising, including, as appropriate, the energy 
class  and  other  relevant  performance  level(s)  of  the  given  product  in  a  legible  and 
visible form; 

the duration of label classification(s), where appropriate; 

the level of accuracy in the declarations on the label and fiches; 

the date for the evaluation and possible revision of the implementing measure, taking 
into account the speed of technological progress. 

Article 12 

Penalties 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
national  provisions  adopted  pursuant  to  this  Directive  and  its  implementing  measures  and 
shall take the necessary measures to ensure that they are implemented. The penalties provided 
for  shall  be  effective,  proportionate  and  dissuasive.  The  Member  States  shall  notify  these 
provisions  to  the  Commission  by  the  date  specified  in  Article  13(1)  at  the  latest  and  shall 
notify it without delay of any subsequent amendment affecting them. 

EN 

23 

   EN 

 
 
(cid:208) 92/75/EEC (adapted) 

Article 13 

Directive 79/530/EEC is hereby repealed, with effect from 1 January 1994. 

Directive 79/531/EEC shall be considered as implementing this Directive for electric ovens; 
however  Member  States  may  refrain  from  its  compulsory  introduction,  until  a  date  set  in  a 
revised  implementing  directive  concerning  ovens  passed  in  accordance  with  the  procedure 
laid down in Article 10. 

Article 1413 

⌦ Transposition ⌫ 

1. Member States shall adopt the provisions necessary to comply with this Directive by 1 July 
1993. They shall immediately notify the Commission of these measures. 

They shall bring these provisions into force by not later than 1 January 1994. 

2. When Member States adopt these measures, they shall contain a reference to this Directive 
or shall be accompanied by such reference on the occasion of their official publication. The 
methods of making such a reference shall be laid down by the Member States. 

3. Member States shall communicate to the Commission the main provisions of domestic law 
which they adopt in the field covered by this Directive. 

1.  Member  States  shall  bring  into  force,  by  [*27]  at  the  latest,  the  laws,  regulations  and 
administrative  provisions  necessary  to  comply  with  this  Directive.  They  shall  forthwith 
communicate to the Commission the text of those provisions and a correlation table between 
those provisions and this Directive. 

(cid:208)  

They shall apply those provisions from […]. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by such a reference on the occasion of their official publication. They shall 
also  include  a  statement  that  references  in  existing  laws,  regulations  and  administrative 
provisions to the directive repealed by this Directive shall be construed as references to this 
Directive.  Member  States  shall  determine  how  such  reference  is  to  be  made  and  how  that 
statement is to be formulated. 

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national law which they adopt in the field covered by this Directive. 

27 

A date corresponding to 12 months after entry into force. 

EN 

24 

   EN 

 
 
 
                                                 
Article 14 

Repeal 

Council Directive 92/75/EEC, as amended by Regulation (EC) No 1882/2003 of the European 
Parliament  and  of  the  Council  of  29  September  200328  indicated  in  Annex  I,  Part  A,  is 
repealed  with  effect  from  [*29],  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law and application of the Directive 
set out in Annex I, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

Article 15 

Entry into force 

This Directive shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Articles [*30] shall apply from [*31]. 

(cid:208) 92/75/EEC (adapted) 

Article 1516 

⌦ Addressees ⌫ 

This Directive is addressed to the Member States. 

Done at […]. 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

28 
29 
30 
31 

OJ L 284, 31.10.2003, p. 1. 
A day after the date set out in the second subparagraph of Article 13(1) of this Directive. 
Deemed unchanged articles under recast in the final version. 
A day after the date set out in the second subparagraph of Article 13(1) of this Directive. 

EN 

25 

   EN 

 
 
                                                 
(cid:207) 

ANNEX I 

Part A 

Repealed Directive with its successive amendment 

(referred to in Article 14) 

Council 
(OJ L 297, 13.10.1992, p.16) 

Directive 

92/75/EEC 

Regulation 
No 
(OJ L 284, 31.10.2003, p.1) 

(EC) 

1882/2003

Only point (32) of Annex III 

Part B 

List of time-limits for transposition into national law 

(referred to in Article 13) 

Directive 

Deadline for transposition 

92/75/EEC 

2009/[*]/EC 

1 January 1994 

- 

EN 

26 

   EN 

 
 
 
 
ANNEX II 

CORRELATION TABLE 

Directive 92/75/EEC 

This Directive 

Article  1(1), 
sentence 

introductory  wording, 

first 

Article 1(1) 

Article  1(1),  introductory  wording,  second 
sentence 

Article 1(2) 

Article 1(1), first to seventh indent 

Article 1(2) 

- 

Article 1(3) 

- 

- 

- 

Article 1(3)(a) and (b) 

Article 1(3)(c) 

Article 2, first and second indent 

Article 1(4), first and second indents 

Article 2, fifth and sixth indent 

- 

Article 2, first indent 

Article 1(4), third indent 

- 

Article 1(4), fourth indent 

Article 2, third indent 

Article 1(4), fifth indent 

Article 2, fourth indent 

Article 1(5) 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 3(1) 

Article 3(2) 

Article 3(3) 

Article 3(4) 

- 

Article 4(1) 

- 

Article 5(2) 

Article 5(2)-(3) 

Article 5(1) 

Article 5(5)-(6) 

Article 5(7) 

Article 5(8) 

Article (4)(a) 

Articles 5(4) and 6(2) 

EN 

27 

   EN 

 
Article (4)(b) 

Article 5 

Article 6 

Article 7(a) 

Article 7(b) 

Article 7(c) 

Article 8(1) 

Article 8(2) 

Article 9(a) 

Article 9(b) 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 11 

Article 12(a) 

Article 12(b) 

Article 12(c) 

Article 12(d) 

Article 12(e) 

Article 12(f) 

Article 12(g) 

Article 13 

Article 14 

Article 15 

- 

- 

- 

EN 

- 

Article 7 

- 

Article 3(1)(a) 

Article 3(1)(b) 

Article 3(1)(c) 

Article 8(1) 

Article 8(2) 

- 

- 

Article 10(1) 

Article 10(2) 

- 

- 

Article 11(4)(a) 

Article 11(4)(b) 

Article 11(4)(c) 

Article 11(4)(d) 

Article 11(4)(e) 

Article 11(4)(f) 

- 

Article 14 

Article 13 

Article 16 

Article 3(1)(d) 

Article 3(2) 

Article 3(3) 

28 

   EN 

 
- 

- 

- 

- 

- 

- 

- 

- 

- 

Article 4(2) 

Article 6(1) 

Article 9 

Article 11(1)-(3) 

Article 11(4)(g)-(l) 

Article 12 

Article 15 

Annex I 

Annex II 

_____________ 

EN 

29 

   EN