Legal act:
Regulation (EU) 2017/1369
Directive 2009/125/EC

Consolidated act:
1/05/2021 of Regulation (EU) 2017/1369

04/12/2012 of Directive 2009/125/EC

Regulation (EU) 2017/1369

Subject-matter and scope

1. This Regulation lays down a framework that applies to energy-related products (‘products’) placed on the market or put into service. It provides for the labelling of those products and the provision of standard product information regarding energy efficiency, the consumption of energy and of other resources by products during use and supplementary information concerning products, thereby enabling customers to choose more efficient products in order to reduce their energy consumption.
2. This Regulation does not apply to:
   1. second-hand products, unless they are imported from a third country;
   2. means of transport for persons or goods.

 

Definitions

Energy-related product or product means a good or system with an impact on energy consumption during use which is placed on the market or put into service, including parts with an impact on energy consumption during use which are placed on the market or put into service for customers and that are intended to be incorporated into products.

Equivalent model means a model which has the same technical characteristics relevant for the label and the same product information sheet, but which is placed on the market or put into service by the same supplier as another model with a different model identifier.

Making available on the market means the supply of a product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

Placing on the market means the first making available of a product on the Union market.

Putting into service means the first use of a product for its intended purpose on the Union market.

Importer means a natural or legal person established in the Union who places a product from a third country on the Union market.

Supplier means a manufacturer established in the Union, the authorised representative of a manufacturer who is not established in the Union, or an importer, who places a product on the Union market.

Technical documentation means documentation sufficient to enable market surveillance authorities to assess the accuracy of the label and the product information sheet of a product, including test reports or similar technical evidence.

Verification tolerance means the maximum admissible deviation of the measurement and calculation results of the verification tests performed by, or on behalf of, market surveillance authorities, compared to the values of the declared or published parameters, reflecting deviation arising from interlaboratory variation.

 

Article 8 - Union market surveillance and control of products entering the Union market

1. Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to products covered by this Regulation and by the relevant delegated acts.
2. The Commission shall encourage and support cooperation and the exchange of information on market surveillance relating to the labelling of products between national authorities of the Member States that are responsible for market surveillance or in charge of the control of products entering the Union market and between them and the Commission, inter alia, by involving more closely the AdCos on Ecodesign and Energy Labelling. Such exchanges of information shall also be conducted when test results indicate that the product complies with this Regulation and the relevant delegated act.
3. Member States' general market surveillance programmes or sector specific programmes established pursuant to Article 18 of Regulation (EC) No 765/2008 shall include actions to ensure the effective enforcement of this Regulation.
4. The Commission shall, in cooperation with the AdCos on Ecodesign and Energy Labelling, elaborate guidelines for the enforcement of this Regulation, in particular as regards best practices for product testing and the sharing of information between national market surveillance authorities and the Commission.
5. Market surveillance authorities shall have the right to recover from the supplier the costs of document inspection and physical product testing in case of non-compliance with this Regulation or the relevant delegated acts.

 

Directive 2009/125/EC

Subject matter and scope

1. This Directive establishes a framework for the setting of Community ecodesign requirements for energy-related products with the aim of ensuring the free movement of such products within the internal market.
2. This Directive provides for the setting of requirements which the energy-related products covered by implementing measures must fulfil in order to be placed on the market and/or put into service. It contributes to sustainable development by increasing energy efficiency and the level of protection of the environment, while at the same time increasing the security of the energy supply.
3. This Directive shall not apply to means of transport for persons or goods.
4. This Directive and the implementing measures adopted pursuant thereto shall be without prejudice to Community waste management legislation and Community chemicals legislation, including Community legislation on fluorinated greenhouse gases.

 

Definitions

Energy-related product, (a ‘product’), means any good that has an impact on energy consumption during use which is placed on the market and/or put into service, and includes 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.

Components and sub-assemblies means parts intended to be incorporated into products which are not placed on the market and/or put into service as individual parts for endusers or the environmental performance of which cannot be assessed independently.

Placing on the market means making a product available for the first time on the Community market with a view to its distribution or use within the Community, whether for reward or free of charge and irrespective of the selling technique.

Putting into service means the first use of a product for its intended purpose by an end-user in the Community.

Manufacturer means the natural or legal person who manufactures products covered by this Directive and is responsible for their conformity with this Directive in view of their being placed on the market and/or put into service under the manufacturer’s own name or trademark or for the manufacturer’s own use. In the absence of a manufacturer as defined in the first sentence of this point or of an importer as defined in point 8, any natural or legal person who places on the market and/or puts into service products covered by this Directive shall be considered a manufacturer.

Importer means any natural or legal person established in the Community who places a product from a third country on the Community market in the course of his business.

Product design means the set of processes that transform legal, technical, safety, functional, market or other requirements to be met by a product into the technical specification for that product.

 

Article 3 - Placing on the market and/or putting into service

1. Member States shall take all appropriate measures to ensure that products covered by implementing measures may be placed on the market and/or put into service only if they comply with those measures and bear the CE marking in accordance with Article 5.
2. Member States shall designate the authorities responsible for market surveillance. They shall arrange for such authorities to have and use the necessary powers to take the appropriate measures incumbent upon them under this Directive. Member States shall define the tasks, powers and organisational arrangements of the competent authorities which shall be entitled to:
   1. organise appropriate checks on product compliance, on an adequate scale, and oblige the manufacturer or its authorised representative to recall non-compliant products from the market in accordance with Article 7;
   2. require the parties concerned to provide all necessary information, as specified in the implementing measures;
   3. take samples of products and subject them to compliance checks.
3. Member States shall keep the Commission informed about the results of the market surveillance, and where appropriate, the Commission shall pass on such information to the other Member States.
4. Member States shall ensure that consumers and other interested parties are given an opportunity to submit observations on product compliance to the competent authorities.

 

Article 4 - Responsibilities of the importer

Where the manufacturer is not established within the Community and in the absence of an authorised representative, the importer shall have the following obligations:

1. to ensure that the product placed on the market and/or put into service complies with this Directive and the applicable implementing measure; and
2. to keep and make available the EC declaration of conformity and the technical documentation.

 

Article 5 - Marking and the EC declaration of conformity

1. Before a product covered by implementing measures is placed on the market and/or put into service, a CE marking shall be affixed and an EC declaration of conformity issued whereby the manufacturer or its authorised representative ensures and declares that the product complies with all relevant provisions of the applicable implementing measure.
2. The CE marking consists of the initials ‘CE’ as shown in Annex III.
3. The EC declaration of conformity shall contain the elements specified in Annex VI and shall refer to the appropriate implementing measure.
4. The affixing of markings on a product which are likely to mislead users as to the meaning or form of the CE marking shall be prohibited.
5. Member States may require the information to be supplied pursuant to Annex I, Part 2 to be in their official language(s) when the product reaches the end-user. Member States shall also authorise the provision of this information in one or more other official languages of the institutions of the European Union. When applying the first subparagraph, Member States shall take into account in particular:
   1. whether the information can be supplied by harmonised symbols or recognised codes or other measures; and
   2. the type of user anticipated for the product and the nature of the information which is to be provided.

For more informations, see ANNEX III - CE marking p. 27, and ANNEX VI - EC declaration of conformity, p. 31.

 

Article 6 - Free movement

1. Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service, within their territories, of a product that complies with all the relevant provisions of the applicable implementing measure and bears the CE marking in accordance with Article 5 on grounds of ecodesign requirements relating to those ecodesign parameters referred to in Annex I, Part 1 which are covered by the applicable implementing measure.
2. Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service, within their territories, of a product bearing the CE marking in accordance with Article 5 on grounds of ecodesign requirements relating to those ecodesign parameters referred to in Annex I, Part 1 for which the applicable implementing measure provides that no ecodesign requirement is necessary.
3. Member States shall not prevent the display, for example at trade fairs, exhibitions and demonstrations, of products which are not in conformity with the provisions of the applicable implementing measure, provided that there is a visible indication that they may not be placed on the market and/or put into service until brought into conformity.