Article 6(a) of Regulation (EU) 2017/1369 states that visual advertisements or technical promotional material for a specific model shall make reference to the energy efficiency class and the range of the efficiency classes available on the label.
When technical information for the appliances as well as links to dealer offers are provided, it is technical promotional material.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Ecodesign applies to energy-related products which are intended to be placed (and/or put into service) on the Union market, irrespective of the selling technique applied. Products that are offered through online or distance selling targeted at customers in the Union are deemed to be made available on the Union market. This means that these products need to comply with EU rules, that market surveillance authorities can take action and perform checks on these products, and that the economic operator is required to cooperate with market surveillance authorities.
See more information in the Blue Guide, the guide to the implementation of EU product legislation.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
If the catalogue is put online and the website offers the possibility to place an order, then the products are considered to be offered for sale through the internet, and the obligations with regard to labelling of energy-related products on the internet, apply the electronic label and product fiche have to be displayed in a way that is clearly visible and legible and close to price of the product. Alternatively, they may be shown in a nested format, as described in the regulations. Dealers are free to determine whether they display the full label and product fiche or their nested form.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Please find all the necessary info about the energy label here.
Check all the relevant information on dealers here.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
The energy labelling requirements only apply to products that have been placed on the market from the date of application of the applicable requirements.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
If the supplier provides a software update to the dealer which changes the product, including its efficiency, the supplier has to provide a new label and the dealer has to display it. The dealer is not at fault if the supplier did not actively communicate that the update is connected to a change of the label. If the software update is done after the product is put in service, the supplier shall request explicit consent from the customer regarding any changes that would be detrimental to the parameters of the energy efficiency label, as set out in the relevant delegated act.
For a period proportionate to the average lifespan of the product, the supplier shall give the customer the option of refusing the update without avoidable loss of functionality as provided for in Article 3.4 of the Energy Labelling Regulation.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Dealers cannot register products in EPREL as this obligation is to be performed only by manufacturers for their own products or importers and/or authorized representatives in the case of products from third country manufacturers.
Dealers can benefit from some functions available in the public part of EPREL.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Each specific Energy Labelling regulation requires that in the case of distance selling and sale through the internet, the label and product information sheet are provided in a format further specified in the relevant annex. What triggers this obligation? Is the indication of price sufficient to trigger the obligation? Is the presence of a 'buy' or 'add to basket' button needed to trigger the obligation?
The simple indication of a price alone is not sufficient to trigger the obligation – it is not an offer to sell. For the obligation to apply, the website must provide the possibility to place an order. This may be quite simple (e.g. an e-mail contact, phone or fax number on the website or in a catalogue which the customer can use to order products), or it can be a complete ordering and shipping system.
The obligation is triggered regardless of the existence of a 'buy' or 'add to basket' button. This is also the case when multiple products are displayed, e.g. for comparison purposes.
The electronic label and product fiche have to be displayed in a way that is clearly visible and legible and close to price of the product. Alternatively they may be shown in a nested format, as described in the regulation. Dealers are free to determine whether they display the full label and product fiche or their nested form.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.
Voluntary display to potential customer or customers of rescaled or new labels either online or in physical shops is not allowed before the date specified in the specific Energy Labelling regulation. Dealers have start the display of new or rescaled labels instead of the old labels within fourteen working days after that date.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.