CELEX: 51991PC0285
Language: en
Date: 1991-08-06
Title: 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

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
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                          (presented by the Commission)
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                                 CONTENT?
                                                          Page
EXPLANATORY MEMORANDUM                                      3
 I.      Introduction                                       3
 II.    History of energy labelling in the Community        5
 III.   Need for energy labelling and product information   6
 IV.    Costs and benefits of an energy labelling scheme    7
V.      Criteria for the proposed Directive                 8
VI.     Comments on Articles of the proposed Directive      9
PROPOSAL FOR A COUNCIL DIRECTIVE                          14
 ---pagebreak---                                      - 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.
 ---pagebreak---                                         -  A   -
4.   The complacency exhibited        in the area of energy efficiency has meant
     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          C02  emissions
     by the year 2000 at 1990 levels. Since energy efficiency represents the
     single most effective means of reducing C0 2 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
                          2
    programme    (SAVE)* ) 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) 0J No L 157, 9.6.1989, p. 32.
(2) C0M(90) 365 final.
 ---pagebreak---                                        - 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) 0J No L 145, 13.6.1979, p. 1.
(4) 0J No L 145, 13.6.1979, p. 7.
(5) 0J No L 109, 26.4.1983, p. 8.
 ---pagebreak---                                         - 6 -
 III.  NEED FOR ENERGY LABELLING AND PRODUCT INFORMATION
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) 0 f 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)   Estimate desired from Fitchner 'The potential for energy saving in the
      application of electrical energy'.
(7)   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.
 ---pagebreak---                                    - 7 -
IV. COSTS AND BENEFITS OF AN ENERGY LABELLING SCHEME
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.
 ---pagebreak---                                          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.
 ---pagebreak---                                         - 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
 ---pagebreak---                                          - 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.
 ---pagebreak---                                      - 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.
 ---pagebreak---                                             - 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
                                                                  8
Article 2, procedure 1 of Council Decision 87/373/EEC^ ^, 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.
 ---pagebreak---                                      - 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.
 ---pagebreak---                                        - 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)     OJ No
(2)     OJ No
(3)     OJ No
 ---pagebreak---                                           - 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)       OJ No L 145,   13.6.1979, p. 1.
(5)       OJ No L 145,   13.6.1979, p. 7.
 ---pagebreak---                                            - 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.
 ---pagebreak---                                  - 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:
 ---pagebreak---                                           - 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
 ---pagebreak---                                          - 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.
                                      ArtKle 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.
 ---pagebreak---                                           - 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.
 ---pagebreak---                                         - 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.
 ---pagebreak---                                       - 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;
 ---pagebreak---                                           - 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
 ---pagebreak---  ---pagebreak---                                                                ISSN 0254-1475
                                                        COM(91) 285 final
                                                 DOCUMENTS
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