INDICATION BY LABELLING AND STANDARD PRODUCT INFORMATION OF THE CONSUMPTION OF ENERGY AND OTHER RESOURCES BY

OTHER RESOURCES BY ENERGY RELATED PRODUCTS

SUBSIDIARY LEGISLATION 427.24

INDICATION BY LABELLING AND STANDARD

PRODUCT INFORMATION OF THE CONSUMPTION

OF ENERGY AND OTHER RESOURCES BY

ENERGY-RELATED PRODUCTS REGULATIONS

20th July, 2011 *

LEGAL NOTICE 337 of 2011.

(1) The title of these regulations is the Indication by

Labelling and Standard Product Information of the Consumption of

E n e r g y a n d o t h e r R e s o u r c e s b y E n e rg y R e l a t e d P r o d u c t s

Regulations.

(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)

but separately from the other regulations in the said list.

(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

*See regulation 1(4) of these Regulations as originally promulgated.

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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) the Energy Labelling of Household Air-Conditioners

(Implementing Measures) Regulations;

(f)

the Energy Labelling of Household Combined Wash-

driers (Implementing Measures) Regulations;

(g) the Energy Labelling of Household Dish Washers

(Implementing Measures) Regulations;

(h) the Energy Labelling of Household Electric Ovens

(Implementing Measures) Regulations;

(i)

the Energy Labelling of Household

Lamps

(Implementing Measures) Regulations;

(j)

the Energy Labelling of Household Electric

Refrigerators, Freezers and their Combinations

(Implementing Measures) Regulations, 2011.

(k) the Energy Labelling of Household Electric Tumble

Driers (Implementing Measures) Regulations; and

(l)

the Energy Labelling of Household Washing Machines

(Implementing Measures) Regulations.

(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 endusers;

"direct impact" means the impact of products that actually

consume energy during use;

"the Commission" means the European Commission;

" Te c h n i c a l R e g u l a t i o n s D i v i s i o n " m e a n s t h e Te c h n i c a l

Regulations Division of the Malta Competition and Consumer

Affairs Authority as established by the Malta Competition and

Consumer Affairs Authority Act;

"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

OTHER RESOURCES BY ENERGY RELATED PRODUCTS

se r v i ce a s i n d i v i d u a l p a r t s f o r e n d - u se r s a n d o f w h i c h t h e

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);

"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.

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(1) Information relating to the consumption of electric

energy, other forms of energy and where relevant other essential

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) 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) 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.

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(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 ten 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 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 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.

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(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.

I n t h e i ns ta nc es d esc r ib ed b y p ar ag r ap h s (b ) an d ( d ) th e

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.