Under the, recently recast, Energy Labelling Directive, Energy labels are mandatory for all appliances placed on the EU market. The energy consumption and other information concerning the product are measured in accordance with harmonized standards and methods. Within the framework of this Directive, the European Commission adopts Energy labels, on a product by product basis. Hence, the precise information that must be displayed on the label as well as modalities of the label is defined on a product-by-product basis, by the Commission, through the adoption of delegated acts. The energy labels include, therefore, information on their energy efficiency consumption according to an A to G scale. Brussels agreed, last year, for additional classes to be added to the existing A to G classification, “if required by technological progress”, such classes will be A+, A++, and A+++ for the most efficient products. However, consumers might found this confusing. The Council and the European Parliament agreed that the new classification will be reviewed once “a significant proportion of products” have achieved class A+++ or A++. The label also has to provide information on annual energy consumption as well as other information related to the use of energy. The European Parliament was able to include in the amending Directive a new provision stipulating that advertisements promoting technical specifications of an energy related product will have to indicate the product's energy consumption or energy savings or include a reference to the energy class as well as the requirement that any technical promotional literature on energy related products, such as technical manuals and manufacturers’ brochures shall provide information on energy consumption or include a reference to the energy label of the product.

Yesterday (28 September) the European Commission adopted a delegated regulation supplementing Directive 2010/30/EU with regard to energy labelling of televisions, introducing, therefore, for the first time, energy labels for televisions.

The proposal aims to put in place a “harmonised system of energy labelling and standard product information for televisions.” The draft Commission's regulation lays down new compulsory information requirements for televisions suppliers and dealers. Such requirements correspond to the recast Energy Labelling Directive's provisions.

The energy efficiency class of a television is defined according to an energy efficiency index. The label A+++ is the most efficient whereas G is not efficient. The draft proposal provides that for all televisions placed on the EU market one year after the publication of this Regulation in the EU Official Journal, there will be, firstly, a mandatory layout of the label using an ‘A-G’ energy efficiency scale, however if a manufacturer starts producing more efficient products, such efficiency ranking should be shown on the label, e.g. ‘A+’. Then, the mandatory format will be upgraded every three years. Hence, starting from 2014, 2017 and 2020, additional energy efficiency classes ‘A+’, ‘A++’, ‘A+++’, respectively, will be added to the label.

Under the draft proposal, television suppliers would be required for the first time to ensure that each product is supplied with a printed label in the format and containing the information required. They would have, therefore, to declare the energy efficiency of their televisions using the abovementioned scale. Moreover, the energy efficiency class must be included in any advertisement, if it discloses price information, as well as in any technical promotional material related to specific television model.

Television dealers would be also required to ensure that each television clearly bears the label, and that any advertisement and technical promotional material in relation to a specific television model contains the energy efficiency class of that model.

Member States are required to monitor compliance with the Energy Labelling Directive particularly the responsibilities of suppliers and dealers to properly display labels. They must protect the label through market surveillance and enforce it through administrative law such as fines or banning of the product.

According to the Commission this proposal would entail “additional electricity savings of at least 15 TWh by 2020” nevertheless it entails further costs to manufactures which will be passed on to consumers.

The Commission’s draft regulation still has to be agreed by the Council and the European Parliament. If approved, the regulation would apply from one year after its publication in the EU Official Journal.