Related Products Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,796, 26 ta’ Awwissu, 2011

L.N. 337 of 2011

PRODUCT SAFETY ACT

(CAP. 427)

Indication by Labelling and Standard Product Information

of the Consumption of Energy and other Resources by Energy

Related Products Regulations, 2011

IN exercise of the powers conferred by articles 38 to 40 of

the Product Safety Act, the Prime Minister, on the advice of the

Malta Competition and Consumer Affairs Authority, has made the

following regulations:-

(1) The title of these regulations is the Indication by Citation, scope and

Labelling and Standard Product Information of the Consumption commencement.

of Energy and other Resources by Energy Related Products

Regulations, 2011.

(2) These regulations implement the requirements

of Directive 2010/30/EC of the European Parliament and of

the Council of 9th May 2010 on the indication by labelling and

standard product information of the consumption of energy and

other resources by energy related products (recast), hereinafter

referred to as “the Directive”.

(3) These regulations shall be read and construed in

conjunction with the legislative provisions listed in regulation 2(2)

of these regulations but separately from the other regulations in the

said list.

(4) These regulations shall come into force on the 20th

July, 2011.

(1) These regulations provide for the setting of

measures on end-user information, particularly by means of

labelling and standard product information, on the consumption

of energy and where relevant of other essential resources during

use, and supplementary information concerning energy-related

products, thereby allowing end-users to choose more efficient

products.

(2) These regulations shall apply to the following

energy related products, save for the unauthorised use of the label

which is applicable to all products

(a) Commission Delegated Regulation (EU) No

1060/2010 of 28 September 2010 supplementing Directive

2010/30/EU of the European Parliament and of the Council

with regard to energy labelling of household refrigerating

appliances.

(b) Commission Delegated Regulation (EU) No

1062/2010 of 28 September 2010 supplementing Directive

2010/30/EU of the European Parliament and of the Council

with regard to energy labelling of televisions.

(c) Commission Delegated Regulation (EU) No

1059/2010 of 28 September 2010 supplementing Directive

2010/30/EU of the European Parliament and of the Council

with regard to energy labelling of household dishwashers.

(d) Commission Delegated Regulation (EU) No

1061/2010 of 28 September 2010 supplementing Directive

2010/30/EU of the European Parliament and of the Council

with regard to energy labelling of household washing

machines.

(e) Energy labelling of household air-conditioners

(Implementing Measures) Regulations, 2011.

(f) Energy labelling of household combined-wash

driers (Implementing Measures) Regulations, 2011.

(g) Energy labelling of household dish washers

(Implementing Measures) Regulations, 2011.

(h) Energy labelling of household electric ovens

(Implementing Measures) Regulations, 2011.

(i) Energy labelling of household lamps (Implementing

Measures) Regulations, 2011.

(j) Energy labelling of household electric refrigerators,

freezers and their combinations (Implementing Measures)

Regulations, 2011.

(k) Energy labelling of household electric tumble

driers (Implementing Measures) Regulations, 2011.

(l) Energy labelling of household washing machines

(Implementing Measures) Regulations, 2011.

(3) These regulations shall not apply to

(a) Second hand products;

(b) Any means of transport for persons or goods;

(c) The rating plate or its equivalent affixed for safety

purposes to products.

For the purposes of these regulations, the following

definitions shall apply

“dealer” means a retailer or other person who sells,

hires, offers for hire-purchase or displays products to end-

users;

“direct impact” means the impact of products that

actually consume energy during use;

“the Commission” means the European Commission;

“Technical Regulations Division” means the Technical

Regulations Division of the Malta Competition and Consumer

Affairs Authority as established by the Malta Competition and

Consumer Affairs Authority Act of 2011;

“energy-related product” or “product” means any good

having an impact on energy consumption during use, which

is placed on the market and/or put into service in the Union,

including parts intended to be incorporated into energy-

related products covered by the 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;

“fiche” means a standard table of information relating to

a product;

“implementing regulations” are the regulations listed in

sub-regulation 2(2), hereto;

“indirect impact” means the impact of products that do

not consume energy, but contribute to energy conservation

during use;

“label” means the energy label as specified in the

respective implementing regulation;

“OJ” means the Official Journal of the European Union;

“other essential resources” means water, chemicals or

any other substance consumed by a product in normal use;

“placing on the market” means making a product

available for the first time on the Union market with a view to

its distribution or use within the Union 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 in the Union;

“supplementary information” means other information

concerning the performance and features of a product which

relate to, or are helpful in evaluating, its use of energy or

other essential resources based on measurable data;

“supplier” means the manufacturer or its authorised

representative in the Union or the importer who places or

puts into service the product on the Union market. In their

absence, any natural or legal person who places on the market

or puts into service products covered by this Directive shall

be considered a supplier;

“unauthorised use of the label” means the use of

the label, other than by Member State authorities or EU

institutions, in a manner not provided for in these regulations

and implementing regulations;

“the Union” means the European Union.

(1) No person shall place on the market an energy

related product which does not comply with the provisions of these

regulations and the relevant implementing regulations.

(2) No person shall put into service an energy related

product which does not comply with the provisions of these

regulations and the relevant implementing regulations, when this is

provided for in the relevant implementing regulation.

(3) The placing on the market of products which are

covered by and comply with these regulations and implementing

regulation shall not be prohibited, restricted or impeded.

(4) In the absence of evidence to the contrary the labels

and fiches shall be considered as complying with the requirements

of these regulations.

(1) Information relating to the consumption of electric Information

energy, other forms of energy and where relevant other essential requirements.

resources during use, and supplementary information of a product

shall be in accordance with the implementing regulations.

(2) The information referred to in sub-regulation (1)

hereof above shall be brought to the attention to end-users by

means of a fiche and a label related to the product offered for sale,

hire, hire-purchase, or displayed to end users directly or indirectly

by any means of distance selling, including the internet.

(3) The information referred to in sub-regulation

(1) hereof shall only be provided in respect of built-in products

or installed products only where required by the applicable

implementing regulation.

(4) Any advertisement for a specific model of energy-

related product covered by an implementing regulation shall

include where energy-related or price information is disclosed a

reference to the energy efficiency class of the product.

(5) Any technical promotional material concerning

energy-related products which describes the specific technical

parameters of a product, namely technical manuals and

manufacturers’ brochures, whether printed or online shall be

provided to end-users with the necessary information regarding

energy consumption or shall include reference to the energy class

of the product.

(6) The display of other labels, marks, symbols

or inscriptions which do not comply with the requirements of

these regulations and the relevant implementing regulations is

prohibited, if such display is likely to mislead or confuse end-users

with respect to the consumption of energy or, where relevant, other

essential resources during use.

(1) Suppliers shall supply a label and a fiche in

accordance with these regulations and the applicable implementing

regulations for products they place on the market or put into

service.

(2) (a) Suppliers shall produce technical

documentation which is sufficient to enable the accuracy of the

information contained in the label and the fiche to be assessed. That

technical documentation shall include

(i) a general description of the product;

(ii) where relevant, the results of design calculations

carried out;

(iii) test reports, where available, including those

carried out by relevant notified organisations as defined under

other Union legislation;

(iv) where values are used for similar models, the

references allowing identification of those models.

(b) To this end suppliers may use documentation

already established in accordance with requirements laid down in

relevant Union legislation.

(3) (a) Suppliers shall make the technical

documentation available for inspection purposes for a period ending

five years after the last product concerned was manufactured.

(b) Suppliers shall make available an electronic

version of the technical documentation on request to the Technical

Regulations Division and to the Commission within 10 working

days on receipt of a request by the Technical Regulations Division

or the Commission.

(4) Suppliers shall provide the necessary labels free of

charge to dealers.

Without prejudice to the suppliers’ choice of system

for delivery of labels, suppliers shall promptly deliver the labels

mentioned in sub-paragraph above following a request from

dealers.

(5) Suppliers shall provide, in addition to the label, a

product fiche. The fiche shall be included in all product brochures.

Where product brochures are not provided by the

supplier, the supplier shall provide fiches with other literature

provided with the product.

(6) Suppliers shall be responsible for the accuracy of

the labels and the fiches that they supply.

(7) Suppliers shall be considered to have given consent

to the publication of the information provided on the label or in the

fiche.

(1) Dealers shall display labels properly, in a visible

and legible manner, and make the fiche available in the product

brochure, or other literature that accompanies products when sold

to end-users.

(2) Dealers shall ensure that whenever a product

covered by an implementing regulation is displayed the appropriate

label is attached, in the clearly visible position, specified in the

applicable implementing regulation. The label shall be in the

English or Maltese version.

Where products are offered for sale, hire or hire-purchase

by mail order, by catalogue, through the Internet, telemarketing or

by any other means which imply that the potential end-user cannot

be expected to see the product displayed, the end users shall be

provided with the information specified on the label for the product

and in the fiche as specified in the implementing regulations.

(1) When the Technical Regulations Division has reason Non-compliance.

to suspect that the information on the label or fiche of a product

is incorrect he shall request the supplier to forward the evidence

within the meaning of regulation 6 hereof concerning the accuracy

of the information supplied on their labels or fiches.

(2) In the event of non-compliance to these regulations

and the relevant implementing regulations, including unauthorised

use of the label, the Technical Regulations Division shall require

the supplier or dealer to put an end to the non-compliance.

(3) Where there is sufficient evidence that a product

may be non-compliant to these regulations and the relevant

implementing regulations, or in the case of unauthorized use of the

label, the Technical Regulations Division shall take the necessary

preventive measures at ensuring compliance within a precise time

frame taking into account the damage caused.

(4) Where the non-compliance, including unauthorized

use of the label continues, the Technical Regulations Division shall

take a decision as to

(a) restrict the placing on the market of the product, or;

(b)

prohibit the placing on the market of the product,

or;

(c) prohibit the putting into service of the product, or;

(d)

withdraw the product from the market.

In the instances described by sub-paragraphs (b) and (d)

above the Technical Regulations Division shall immediately inform

the Commission and the other Member States.

(5) The Technical Regulations Division shall submit a

report to the Commission including details about the enforcement

activities being undertaken in Malta and the level of compliance in

Malta.

The penalties as provided by the Product Safety Act

shall apply in respect of the infringement of these regulations.

The Indication by Labeling and Standard Product

Information of the Consumption of Energy and other Resources

by Household Appliances Regulations, 2002 are hereby being

revoked.

References to the revoked regulations shall be construed

as references to these regulations.

€0.36