There is no Energy label legislation for vacuum cleaners. Commission Delegated Regulation (EU) 665/2013 doesn’t apply anymore.
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.
As from 1 September 2014 vacuum cleaners with 1600 W rated input power cannot be placed on the EU market anymore. 1599 W is allowed, but 1600 W not. Promotional reasons cannot be used as exception. In fact, one of the purposes of the regulation (and the accompanying energy labelling regulation) is to move away from marketing based on power rating as it does not provide the consumer with information on energy efficiency nor performance. Market surveillance authorities have the power to take action against vacuum cleaners of 1600 W rated input power or higher.
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 relevant legislation for this issue is not Decision 768/2008/EC, but the Ecodesign Directive (EU) 2009/125/EC, which contains a definition of 'placing on the market': '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'. This applies both to imports and EU production.
However, the Ecodesign requirements do not affect vacuum cleaners that have already been placed on the market before 1 September 2014. Stock in store has already been placed on the market. Stock in warehouses of retailers would normally also have been placed on the market, but note that some other stocks (manufacturer, importer) may not yet have been placed on the market. Further explanations on the concept of placing on the market can be found in the Guide to the Implementation of Directives based on the New Approach and the Global Approach.
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.