REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the delegation of power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU
Date: 2022-12-08
Institutions: Directorate-General for Energy, European Commission
Subjects: EU energy label, European Commission, consumer information, delegated legislation, ecodesign, energy consumption, energy saving, labelling, powers of the institutions (EU), transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 8.12.2022  COM(2022) 723 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the delegation of power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the delegation of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council 
of 4 July 2017 setting a framework for energy labelling and repealing Directive 
2010/30/EU 

1.  INTRODUCTION 

Regulation  (EU)  2017/13691  of  the  European  Parliament  and  of  the  Council  setting  a 
framework for energy labelling and repealing Directive 2010/30/EU  was  adopted on 4 July 
2017  and  entered  into  force  on  1  August  2017.  It  repeals  Directive  2010/30/EU  on  the 
indication  by  labelling  and  standard  product  information  of  the  consumption  of  energy  and 
other resources by energy-related products. 

Energy  labelling  of  energy-related  products  enables  consumers  to  make  informed  choices 
based  on  clear  indications  about  the  energy  efficiency  and  other  important  supplementary 
information of products. Energy labelling makes a significant contribution to energy savings 
and to  reducing energy  bills,  while at  the same  time promoting innovation  and investments 
into  the  development  and  marketing  of  more  energy  efficient  products.  By  harmonising 
related  requirements  at  Union  level,  EU  energy  labelling  also  benefits  manufacturers, 
industry  and  the  Union  economy  overall.  Together  with  ecodesign  minimum  requirements, 
these rules are estimated to have saved EU energy consumers expenditure of more than €250 
bn in 2022 alone2. 

According  to  Article  11  (subparagraphs  4  and  5)  of  Regulation  (EU)  2017/1369,  the 
Commission is empowered to adopt delegated acts to rescale labels and to establish detailed 
requirements relating to energy labels for specific product groups under its Article 16. Article 
17 foresees that the power to adopt delegated acts shall be conferred on the Commission for 
an initial period of six years from 1 August 2017 and the conditions for its extension. 

2.  LEGAL BASIS 

This  report  is  required  under  Article  17(2)  of  Regulation  (EU)  2017/1369.  Pursuant  to  this 
provision, the power to adopt delegated acts is conferred on the Commission for a period of 
six years from 1 August 2017 and the Commission is required to prepare a report in respect 
of the delegation of power at the latest nine months before the end of the six-year period. This 
report aims to fulfil that requirement. 

Article 17(2) of Regulation (EU) 2017/1369 also lays down that the delegation of power shall 
be tacitly extended for periods of an identical duration, unless the European Parliament or the 

1  Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework 

for energy labelling and repealing Directive 2010/30/EU, OJ L 198, 28.7.2017, p. 1–23. 

2 COMMISSION STAFF WORKING DOCUMENT Accompanying the document COMMUNICATION 
FROM THE COMMISSION Ecodesign and Energy Labelling Working Plan 2022-2024  EUR-Lex - 
52022SC0101 - EN - EUR-Lex (europa.eu)  

1 

 
 
 
                                                           
 
Council  opposes  such  extension  not  later  than  three  months  before  the  end  of  each  period, 
while  Article  17(3)  states  that  the  delegation  of  power  may  be  revoked  at  any  time  by  the 
European Parliament or by the Council. 

3.  EXERCISE OF THE DELEGATION 

3.1. Consultation prior to adoption 

In the spirit of openness and transparency, the Commission has consulted experts nominated 
by  Member  States  and  relevant  stakeholders  during  the  preparation  of  delegated  acts  under 
Regulation  (EU)  No  305/2011.  This  has  been  done  through  regular  dedicated  meetings  of 
experts  and  written  consultations.  All  Member  States  were  invited  to  nominate  experts  to 
participate  in  these  consultations.  The  European  Parliament  was  also  invited  to  participate. 
The  documents  relevant  to  these  consultations  were  transmitted  simultaneously  to  the 
European  Parliament  and  to  the  Council,  as  foreseen  in  the  Common  Understanding  on 
delegated  acts.  The  observations  presented  in  these  consultations  were  taken  into 
consideration  when  preparing  the  final  versions  of  delegated  acts.  Furthermore,  the 
Commission regularly informed Member States and industry representatives of the progress 
made with the draft delegated acts, in line with Article 14 of the Regulation. 

3.2. Delegated acts adopted 

During the reporting period, the Commission exercised its delegated powers by adopting the 
following delegated acts. The below table shows which acts contain the specific measures 
adopted under the relevant empowerments in Regulation (EU) 2017/1369. 

Delegated Act 

the  Spanish 

1. 
Commission Delegated Regulation (EU) 2018/543 of 23 January 2018 
correcting 
language  version  of  Commission  Delegated 
Regulation  (EU)  No  812/2013  supplementing  Directive  2010/30/EU  of  the 
European Parliament and of the Council with regard to the energy labelling of 
water heaters, hot water storage tanks and packages of water heater and solar 
device 

Empowerments 
in Regulation 
2017/1369 

Article 16 

2. 
Commission Delegated Regulation (EU) 2019/2013 of 11 March 2019 
supplementing  Regulation  (EU)  2017/1369  of  the  European  Parliament  and 
of  the  Council  with  regard  to  energy  labelling  of  electronic  displays  and 
repealing Commission Delegated Regulation (EU) No 1062/2010 

Article 11(5) 
and Article 16 

3. 
Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 
supplementing  Regulation  (EU)  2017/1369  of  the  European  Parliament  and 
of  the  Council  with  regard  to  energy  labelling  of  household  washing 
machines and household washer-dryers and repealing Commission Delegated 
Regulation (EU) No 1061/2010 and Commission Directive 96/60/EC 

Article 16 

4. 
Commission Delegated Regulation (EU) 2019/2015 of 11 March 2019 
supplementing  Regulation  (EU)  2017/1369  of  the  European  Parliament  and 
of the Council with regard to energy labelling of light sources and  repealing 
Commission Delegated Regulation (EU) No 874/2012 

Article 11(5) 
and Article 
16(1) 

2 

 
 
5. 
Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 
supplementing  Regulation  (EU)  2017/1369  of  the  European  Parliament  and 
of the Council with regard to energy labelling of refrigerating appliances and 
repealing Commission Delegated Regulation (EU) No 1060/2010 

Article 11(5) 
and Article 
16(1) 

6. 
Commission Delegated Regulation (EU) 2019/2017 of 11 March 2019 
supplementing  Regulation  (EU)  2017/1369  of  the  European  Parliament  and 
of the Council with regard to energy labelling of household dishwashers and 
repealing Commission Delegated Regulation (EU) No 1059/2010 

Article 11(5) 
and Article 16 

7. 
Commission Delegated Regulation (EU) 2019/2018 of 11 March 2019 
supplementing  Regulation  (EU)  2017/1369  of  the  European  Parliament  and 
of the Council with regard to energy labelling of refrigerating appliances with 
a direct sales function 

8. 
Commission Delegated Regulation (EU) 2020/987 of 20 January 2020 
correcting  certain  language  versions  of  Delegated  Regulation  (EU)  No 
1254/2014 supplementing Directive 2010/30/EU of the European Parliament 
and  of  the  Council  with  regard  to  energy  labelling  of  residential  ventilation 
units 

9. 
Commission  Delegated  Regulation  (EU)  2020/1059  of  27  April  2020 
correcting  certain  language  versions  of  Delegated  Regulations  (EU)  No 
1059/2010,  (EU)  No  1060/2010,  (EU)  No  1061/2010,  (EU)  No  1062/2010, 
(EU) No 626/2011, (EU) No 392/2012 and (EU) No 874/2012 with regard to 
the labelling of certain energy-related products  

10.  Commission  Delegated  Regulation  (EU)  2021/340  of  17  December 
2020  amending  Delegated  Regulations  (EU)  2019/2013,  (EU)  2019/2014, 
(EU) 2019/2015, (EU) 2019/2016, (EU) 2019/2017 and (EU) 2019/2018 with 
regard  to  energy  labelling  requirements  for  electronic  displays,  household 
washing  machines  and  household  washer-dryers,  light  sources,  refrigerating 
appliances, household dishwashers, and refrigerating appliances with a direct 
sales function 

Articles 11 
and 16 

Article 16 

Article 16 

Article 11(5) 
and Article 16 

3.3. Objection to delegated acts 

According  to  Article  17(6)  of  Regulation  (EU)  2017/1369,  the  European  Parliament  or  the 
Council  may  object  to  a  delegated  act  within  a  period  of  two  months  from  the  date  of 
notification,  extendable  by  another  three  months.  If  either  the  European  Parliament  or  the 
Council objects to a delegated act within this period, it shall not enter into force. Neither the 
the  European  Parliament  nor  the  Council  objected  to  any  of  the  delegated  acts  mentioned 
above.  

3.4. Need for extending the power to adopt delegated acts 

The Ecodesign and Energy Labelling Working Plan 2022-2024, adopted on 30 March 20223, 
in accordance with Article 15 of Regulation (EU) 2017/1369, sets out the priorities for work 

3  Communication  from  the  Commission  Ecodesign  and  Energy  Labelling  Working  Plan  2022-2024  2022/C 
182/01  C/2022/2026,    OJ  C  182,  4.5.2022,  p.  1–12;  EUR-Lex  -  52022XC0504(01)  -  EN  -  EUR-Lex 
(europa.eu). 

3 

 
 
                                                           
in the coming years for energy labelling of energy-related products, including several reviews 
of existing delegated acts and an indicative list  of new energy-related product  groups to  be 
studied.  It  concludes  that  energy  labelling  delivers  a  vital  and  growing  contribution  to  the 
European  Green  Deal  and  the  “Fit  for  55”  objectives  and  to  consumers  faced  with  high 
energy prices whose bills would otherwise have been much higher.  

The  vast  majority  of  delegated  acts  announced  in  the  Working  Plan  will  not  be  ready  for 
adoption by the end of the current six-year period on 1 August 2023. Moreover, even beyond 
the period covered by the Working Plan, the empowerment to adopt or amend delegated acts 
will remain necessary in order to enable the necessary flexibility in the implementation of the 
rules  and  adjust 
the 
empowerment allows the Commission to act in other areas where it has not yet done so, but 
may need to be addressed in the future.  

technology  developments.  Furthermore, 

to  market  and 

them 

3.  CONCLUSION 

The  Commission  considers  that  it  has  exercised  its  delegated  powers  within  the  remit 
conferred on it by Regulation (EU) 2017/1369. 

Given the valuable role energy labelling can play in helping  consumers reduce their energy 
consumption, the requirement in existing energy labelling acts for regular reviews, as well as 
the  list  of  energy-related  products  in  the  Ecodesign  and  Energy  Labelling  Working  Plan 
2022-2024  in  possible  need  of  energy  labelling,  the  Commission  considers  there  is  a  clear 
need  for  a  tacit  extension  of  the  delegations  of  power  provided  for  in  Article  17(2)  of 
Regulation (EU) 2017/1369 for a period of six years. 

The Commission invites the European Parliament and the Council to take note of this report. 

4