1.Context of the delegated act
1.1.Legal and political context of the proposal
In the EU, the Ecodesign Framework Directive provides a framework that manufacturers of energy-related products are required to use to improve the environmental performance of their products. The framework sets out minimum energy efficiency requirements and other environmental criteria such as water consumption, emission levels or minimum durability of certain components that manufacturers have to fulfil before they can place their products on the market.
The Energy Labelling Framework Regulation complements the Ecodesign Framework Directive by enabling end-consumers to identify the better-performing energy-related products, via an A-G/green-to-red scale. The legislative framework builds upon the combined effect of these two pieces of legislation.
The ecodesign and energy labelling framework are central to making Europe more energy efficient, contributing in particular to the 'Energy Union Framework Strategy' and to the priority of a deeper and fairer internal market with a strengthened industrial base. Firstly, this legislative framework pushes industry to improve the energy efficiency of products and removes the worst-performing ones from the market. Secondly, it helps consumers and companies to reduce their energy bills. In the industrial and services sectors, this results in support to competitiveness and innovation. Thirdly, it ensures that manufacturers and importers responsible for placing products on the European Union (EU) market only have to comply with a single EU-wide set of rules; this frequently results in lower product purchase costs for customers.
A number of third countries have established or are establishing policy frameworks similar to the European one and a number of energy efficiency labels are mandatory on energy-related products that generally resemble to the European energy efficiency label, such as the Republic of South Africa, Hong Kong, China, Brazil, Argentina, Peru, Chile, Turkey, Iran, Arab Emirates, Ghana and others.
Figure 1: The four energy labels for televisions by the Regulation in force
A study on the overall impact of the energy label – and potential changes to it – on consumer understanding and on purchase decisions was completed in October 2014 and was the basis for the review of the Energy Labelling Directive 2010/30/EU of the European Parliament and of the Council. The study revealed that the energy label is recognised and used by 85 % of Europeans and represents the second best known symbol associated to the EU, second to the Euro currency symbol. The majority of the EU consumers were able to correctly identify the product that was least costly to use indicating that they understand the meaning of the information in the label, such as kWh/annum.
In August 2017, the new Energy Labelling framework Regulation (EU) 2017/1369 of the European Parliament and of the Council entered into force, repealing Directive 2010/30/EU. Under the repealed Directive, energy labels were allowed to include A+ to A+++ classes to address the overpopulation of the top “A” class. Over time, due to technological development, also the A+ to A+++ class became overpopulated, which significantly reduced the effectiveness of the labels. To resolve this, the new framework Regulation requires a rescaling of existing energy labels, back to the original A to G scale. Article 11 of the Energy Labelling framework Regulation lists five priority product groups for which new delegated acts with rescaled energy labels must be adopted at the latest on 2 November 2018. Televisions are one of the priority product groups.
Finally, several new policy initiatives indicate that ecodesign and energy labelling policies are relevant in a broader political context, and in particular in:
·the Energy Union Framework Strategy, which calls for a sustainable, low-carbon and climate-friendly economy,
·the Paris Agreement, which calls for a renewed effort in carbon emission abatement,
·the Gothenburg Protocol, which aims at controlling air pollution,
·the Circular Economy Initiative, which among other things, stresses the need to include reparability, recyclability and durability in the ecodesign, framework;
·the Emissions Trading Scheme (ETS), aim at reducing greenhouse gas (GHG) emissions in a cost-effective manner and indirectly affected by the energy consumption of the electricity using products in the scope of ecodesign and energy labelling policies, and
·the Energy Security Strategy, which sets out a strategy to ensure a reliable supply of energy.
Under the framework of Ecodesign and Energy Labelling, televisions and television monitors are regulated by Commission Regulation (EC) No 642/2009 (Ecodesign) and Commission Delegated Regulation (EU) No 1062/2010 (Energy Label). Article 7 of Regulation (EU) No 1062/2010 requires a review within 5 years (i.e. by December 2015).
Furthermore, the Commission’s 2016-2019 Ecodesign Working Plan also includes the review of both regulations, requiring in particular an examination of how aspects relevant to the circular economy can be assessed and taken on board. This is in line with the Circular Economy Initiative, which concluded that product design is a key in achieving the goals, as it can have significant impacts across the product life cycle (e.g. in making a product more durable, easier to repair, reuse or recycle). Moreover, signage displays are specifically listed in the 2016-2019 Ecodesign Working Plan to be included in the revision of the existing regulations for televisions.
The Ecodesign legislative framework, together with the Energy Labelling, establish a push and pull market mechanism aiming at reducing carbon emissions (
) by determining a major impact on the choices that consumers make when purchasing energy consuming products.
The two policy frameworks are contributing to permit to products placed on the EU market to perform the same job using less energy. By 2020, use of energy efficiency labels and ecodesign requirements is projected to lead to energy savings of around 165 Mtoe (million tonnes of oil equivalent) in the EU, roughly equivalent to the annual primary energy consumption of Italy. In relative terms, this represents a potential energy saving of over 9 % of the EU's total energy consumption and a potential 7 % reduction in carbon emissions. In 2030, savings are projected to grow to 15 % of the EU's total energy consumption and 11 % of its total carbon emissions.
Figure 2: Effect of Ecodesign alone and when combined with Energy Labelling
The two policy frameworks also contribute to the reduction of consumer expenditure, both by reducing the cost of electricity bills and the purchase cost of products as manufacturers only have to produce models that comply with a single regulatory framework at EU level.
There have been improvements in the energy efficiency of all electronic displays, mostly thanks to the television manufacturing sector. However, it is estimated that electronic displays, mainly because they are becoming bigger and more numerous, will continue to account for a sizeable share of energy use unless corrective action is taken. This is the case in particular of signage displays (see
), which are generally of bigger size, have far higher luminance and are an exploding market.
Figure 3: Yearly energy use in TWh, 1990-2030, in on-mode of the three most relevant types of electronic displays, in a business as usual (BAU) scenario (source VHK, 2018)
So far, of the different types of electronic displays, only TVs have been subject to mandatory energy labelling measures (under Regulation (EU) 1062/2010) and ecodesign requirements (laid down by Regulation (EC) 642/2009). Other displays are only covered by horizontal requirements (i.e. Standby Commission Regulation (EC) 1275/2008).
The regulations in force are based on a preparatory study and assessment that now dates back over 10 years. As required by the review clause, in 2012 the Commission started reviewing the two television regulations with a study and presented its conclusions to stakeholders. The review showed already at that time that regulatory gaps and market failures existed, thus preventing full achievement of the identified energy savings potential. The collection of information was extended and data analysis repeated, highlighting the appropriateness of corrective action. In total a database of over 3 thousand models of electronic displays placed on the EU market was analysed between 2012 and the end of 2017 in four different stages.
Market and regulatory failures have been highlighted since the beginning of the review and a number of new issues have emerged in the meantime that need to be corrected and that can be summarised for televisions as follows:
–insufficiently stringent minimum ecodesign requirements and inadequate energy labelling class ranges due to swift unpredicted technological change. This led to overpopulation of the top classes very soon: already in 2017 over 85 % of televisions sold in the EU were in classes above "B";
–rapidly progressing functional convergence between different electronic displays, such as televisions, computer monitors, and signage displays, creating possible regulatory loopholes. TVs have been increasingly enabled for web browsing, for watching Internet streamed content or even for gaming. A variety of different displays are commonly used to watch content traditionally viewed only on TVs. Moreover the obsolete definition of "television monitor" in the Regulation in force covers many of the computer monitors now on the market;
–lack of requirements for new energy-intensive features, such as high dynamic range (HDR) that first appeared in premium models in 2016 and is progressively available in more affordable models (although the availability of HDR-enabled content is still extremely limited). HDR, when poorly implemented, can more than double the energy consumption of the electronic display;
–lack of requirements for material efficiency aspects.
The aim of the proposed Regulation on energy labelling is to provide a renewed incentive to manufacturers to improve the energy efficiency of electronic displays, reboosting the market take-up of energy-efficient products mainly by:
·extending its scope to the most common electronic displays;
·rescaling the energy label, now ranging from A+++ to D (Figure 1), to the original A to G scale;
·providing customers with indications in the label that better correspond to real-life use and enabling them to make a better informed purchase choice between comparable.
1.3.Existing provisions in the area of the proposal
The following measures, currently in force, address the environmental performance of electronic displays:
–Directive 2010/30/EU on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products;
–Directive 2009/125/EC establishing a framework for the setting of ecodesign requirements for energy-related products ;
–Regulation (EU) No 1062/2010 with regard to energy labelling of televisions;
–Regulation (EC) No 642/2009 with regard to ecodesign requirements for televisions.
Moreover, Commission Decision 2009/300/EC establishing the revised ecological criteria for the award of the Community Eco-label covers televisions with some stricter energy efficiency requirements and addresses other environmental issues.
Furthermore, Standby Regulation 1275/2008 covers the displays not covered by the Television Regulation. Finally, monitors and signage displays were included in the now elapsed EU-US Energy Star Agreement (in Annex C). As a result, monitors and signage displays are today no longer covered by any labelling programme, even on voluntary basis, and no labelling instrument exists to cover these products under public procurement criteria.
1.4.Consistency with other EU policies and objectives
Promoting market take-up of efficient electronic displays contributes to the 2020 and 2030 energy efficiency and greenhouse gas emission reductions objectives. It aims to support more efficient and sustainable use of resources, protect the environment, strengthen the EU’s leadership in developing new green technologies, improve the business environment and help consumers make more informed choices.
2.Consultations prior to the adoption of the act
2.1.Consultation of interested parties
EU and international stakeholders and Member States' experts have participated in the process from the beginning.
The proposal for energy labelling was discussed together with potential ecodesign requirements in four different Consultation Forums (CF) with Member State experts, representatives of manufacturers, environmental non-governmental organisations (‘NGOs’) and consumer organisations. A number of representatives of other organisations also took part in the discussions, such as European organisations representing the recycling industry, repairers, waste management and environmental services (municipalities and the private sector).
All relevant working documents were sent to the Member States, the European Parliament and stakeholders and were published in the Commission’s CIRCA website 30 days before the CF meetings. Following the CF meetings stakeholders were given an additional 30 days for submitting written comments (available on the CIRCA website).
Furthermore, specific aspects of individual requirements were discussed between Commission staff and various stakeholders at several bilateral and multilateral meetings between 2013 and March 2018. The process was conducted in an open manner, taking into account input from all relevant stakeholders and independent technical experts.
In principle, the proposed energy labelling scheme for electronic displays has been supported by Member States and stakeholders.
Regarding the product scope, following the discussion held in a previous CF in 2009 and the CF in 2012, an overwhelming majority of Member States and NGOs agreed on a proposed extension of the labelling scheme to electronic displays other than televisions. Manufacturers, however, requested exceptions or different requirements for specialised displays, such as public signage displays, professional monitors for graphics and for broadcast applications.
The proposed energy labelling measure incorporates the comments expressed by Member States and stakeholders at and after the CF meetings.
During the preparatory process, additional evidence and data was collected for the Impact Assessment of 2013 and its first update in 2015. Market and technical data were acquired through several bilateral and multilateral meetings with stakeholders or via publicly available data.
Furthermore, the Commission established a dataset of information about the environmental performance of electronic displays (mainly televisions and computer monitors), updated four times to reflect the market, to support the development of the proposed ecodesign and energy labelling measures. This helps to ensure that the requirements are laid down at the proper ambition level and that they reflect recent technology developments.
The proposed energy label as resulting from the consumer-understanding and relevance survey
The Energy Labelling framework Regulation (EU) 2017/1369 states that when preparing delegated acts, the Commission shall test the design and content of the labels with representative groups of Union customers to ensure a clear understanding of the labels. A study was so performed in 2017 to inform the design of a new energy label for electronic displays, including an online survey with 4081 potential consumers from 7 EU countries. The survey proposed different pictograms and information to be included in the label. About half of the population has little or no understanding of the difference between indication of energy (i.e. kWh) or of power (i.e. Watts), although any figure is helpful for comparing products. The design which emerged from the survey is presented in Figure 4. Subsequent consultations raised doubts about the understandability of the pictogram representing a standardised external power supply (see figure 4), proposed as an indicator of durability and reparability.
An online public consultation took place from 12 February to 7 May 2018, to collect stakeholders' views on issues such as the expected effect of potential legislative measures on business and energy consumption trends.
The public consultation contained a common part on Ecodesign and Energy labelling, followed by product-specific questions on (i) refrigerators, (ii) dishwashers, (iii) washing machines, (iii) televisions, (iv) electronic displays and (v) lighting.
1 230 responses were received of which 67 % were consumers and 19 % businesses (of which three quarters were SMEs and one-quarter large companies). NGOs made up 6 % of respondents, and 7 % were "other" categories. National or local governments were under 1 % of respondents, and 0,25 % came from national market surveillance authorities (MSAs).
It should be noted that of the 1 230 respondents, 719 (58 %) replied only to lighting related questions as part of a coordinated campaign on lighting in theatres.
Some 63 % of the participants were in favour of including Ecodesign requirements on reparability and durability, and 65 % of respondents considered that this information should be on energy labels.
On the reparability of products, participants valued mostly as "very important" to "important" (in the range 62 %-68 %) each of the following: a warranty, the availability of spare parts, and a complete manual for repair and maintenance. The delivery time of spare parts was rated as 56 % "very important" to "important".
For electronic displays, the public consultation was mainly focused on options for a redesigned energy label. The majority of respondents considered that the label should show at least the display screen area, its resolution level, the use of high dynamic range (HDR) and the annual power consumption.
An impact assessment (IA) of the possible policy measures was carried out pursuant to Article 15(4)(b) of Directive 2009/125/EC. A first impact assessment was prepared in 2013 and a first full update was completed in 2015. The impact assessment accompanying the current proposal is an extensive review of the previous update, using new evidence, additional stock market data and taking into consideration the comments received before, during and after the above-mentioned CFs, the position letters addressed to the Commission over the last 6 years from the beginning of the review process, the label study and the online public consultation. The Regulatory Scrutiny Board required a review of the first draft of the Impact Assessment, improving it in respect to the problem definition and better integration of circular economy aspects. A second draft, with improved data and evidence of circular economy aspects and better description of the consultation process since the early days, was given a positive opinion.
The impacts of different policy options, comprising an introduction of a new energy label for televisions and other electronic displays (together with new ecodesign requirements), were assessed against the ‘business-as-usual’ (BAU) scenario. Three different proposals for revised energy labelling (and ecodesign) measures, i.e. ‘ECO’, ‘Ambi’ and ‘Leni’, were analysed. Three additional policy options have been considered and discarded i.e. no new EU action (BAU), termination of the existing television regulation, and self-regulation measure concluded by industry. The ECO proposal corresponds to the working documents presented to the CF of July 2017 and based on the proposals presented during the two previous CF discussions of 2014 and of 2012. The Ambi option partially incorporates the strong and renewed request by various Member States and NGOs to extend the scope to signage displays, while the Leni responds to the manufacturers request for more lenient requirements for new features and technologies, such as UHD/HDR and OLED.
Based on an assessment of costs and benefits, a combination of energy labelling and ecodesign requirements for electronic displays emerged as a preferred option to address regulatory and market failures in the electronic displays sector.
Consequently, the option of introducing a labelling scheme for energy efficiency of the three main display product categories (TVs, monitors and signage displays) was chosen, together with ecodesign requirements, as it delivers the highest savings.
An internal Consultation process followed, with a number of suggestions and detailed improvements incorporated in the draft legislative proposal and in accompanyng documents.
The draft proposal was published for the feedback mechanism in October 2018, for 1 month. Sixteen comments were received from companies, business associations and NGOs. Industry, some business association and NGOs welcomed the indication of the power (or energy use) when displaying images in HDR with its efficiency class on a separate scale. The NGOs requested stricter rules on software updates (but not at detriment of performance or energy use). Manufactures expressed concern about the challenging energy performance requirements and for having to disclose repair information possibly giving advantage to competitors. NGOs were in favour of widening further the scope, whilst some manufacturers expressed opposition to the proposed extension to include electronic signage displays. Some scepticism on the effectiveness of the icon related to external power supplies was shared by NGOs and one manufacturer. Some additional feedback was rather related to the Ecodesign proposal.
3.Legal elements of the Delegated Act
The proposed measure applies to electronic displays irrespective of the display technology. Displays not in the scope of the Ecodesign Regulation for on-mode requirements are completely out of scope of energy labelling, apart from signage displays, where a correction factor is used to take into account the higher luminosity characterising this product group in relation to televisions or computer monitors.
Displays integrated into other products, such as computers, refrigerators, vending machines, etc. are completely out of the scope of both the Ecodesign and Labelling Regulations, as are displays in means of transport and medical displays.
All previous draft measures proposed used the same "formula" of eco-design to calculate the Energy Efficiency Index (EEI) in order to have a correct correspondence between the lowest limit of the "G" class and the maximum limit allowed by the Ecodesign Regulation. Member States, however, finally opted for a slightly modified formula for energy labelling, being more lenient on small displays, but far more restrictive for the biggest ones:
The requirements will be introduced in two tiers.
Table 1: ECO energy efficiency classes
Energy efficiency class
EEI < 0.30
0.30 ≤ EEI < 0.40
0.40 ≤ EEI < 0.50
0.50≤ EEI < 0.60
0.60 ≤ EEI < 0.75
0.75 ≤ EEI < 0.90
0.90 ≤ EEI
A comparison between the current energy classes and the new ones can be only approximated, as the formula to set the limits is different: a linear bar in the current Regulation, a curve in the new proposal.
provides such an illustration, for comparison of relatively small displays.
Figure 5: Approximate comparison between new and old energy labelling classes
provides a visual distribution of the electronic displays, which are part of the 2014-2017 dataset used, in the hypothesis that the same displays would be on the market when rescaling the televisions and when setting labelling requirements for the other monitors not in the scope of the current Regulation. All displays above the red curve would be eliminated by the minimum ecodesign requirements. However, it is extremely unlikely that models on the market in 2014 will still be available on the market in 2021.
Distribution of displays from the 2018 dataset ‘unadjusted’ to the new labelling classes
includes an adjustment of the energy efficiency to the same dataset on the basis of average improvements observed when comparing the datasets over the years (from 2012 to 2017).
Distribution of displays from the 2018 dataset with projection of expected improvements at entry in force of the rescaled labels
projects the same dataset with the same assumptions showing the hypothetical distribution by 2025 and by 2030.
Distribution of displays from the 2018 dataset with projection of expected improvements by 2025 (left) and 2030 (right)
illustrates the expected trend in energy labelling under the ECO scenario. Under the Leni scenario, the lower classes would include more products (as more products are allowed on the market under Ecodesign). In the Ambi scenario, where signage displays fall within the scope, it is also expected that the lower energy label classes will be more populated. ‘Edx’ indicates the three different tiers initially proposed in ecodesign (then Tier 3 was dropped).
Energy label class distribution of standard electronic display models available in the EU over the period 2010-2030 (actual situation in 2013-2016 and projected situation for 2017-2030) with proposed ecodesign and energy labelling measures
There are considerable uncertainties in future projections for this product group because new technologies may result in ‘tipping points’ improving energy efficiency and new features eroding some savings.
Finally, no direct relation has been demonstrated between retail prices and the level of energy efficiency in electronic displays, as a number of factors other than energy use, are decisive in determining the cost of the product, such as display size, resolution, degree of adoption of new technologies and features particularly in terms of ‘smartness’.
The new label would include two energy classes, one for the traditional way of playing images and a separate one for HDR with indication of energy. Because of the novelty of HDR and the scarce data available, no minimum energy efficiency index has been set in the Ecodesign Regulation and no weighted mix of the standard dynamic range (SDR) and HDR would be acceptable.
Displays of the same size and resolution level should be compared. Therefore, the label would contain the basic information to compare comparable displays.
Although the diffusion of standardised external power supplies (EPS, also improperly called "chargers"), may improve reparability and durability, as well facilitating recyclability, no well-known or convincing pictogram was identified for inclusion in the label.
4.Legal basis, Subsidiarity and Proportionality
The proposed Regulation is a delegated measure adopted pursuant to Regulation (EU) 2017/1369, in particular Articles 11 and 16 thereof. Regulation (EU) 2017/1369, in turn, is based on Articles 194(2) of the Treaty.
The adoption of energy labelling measures for electronic displays by individual Member States, through their national legislation, would create obstacles to the free movement of goods within the EU. It is necessary for such measures in force throughout the EU to have the same content. In line with the principle of subsidiarity, it is thus appropriate for the measures in question to be adopted at EU level.
In accordance with the principle of proportionality, this measure does not go beyond what is necessary in order to achieve the objective, which is to set harmonised energy labelling requirements for electronic displays. It repeals and replaces an existing Regulation. It sets requirements that act as an incentive for technology leaders to invest in high-efficiency electronic displays.
5.Choice of instrument
Proposed instrument: Delegated Regulation.
Other means would not be appropriate for the following reason(s):
The form of the implementing measure is a regulation, which is directly applicable in all Member States. This has been chosen because the objectives of the action can be achieved most efficiently by introducing fully harmonised requirements throughout the EU. Furthermore, it repeals and replaces an existing Commission regulation. Moreover, it ensures that national and EU administrations will not incur costs transposing the implementing legislation into national legislation.
The proposal has no implications for the EU budget.
The proposal includes a review clause.
European Economic Area
The proposed Regulation concerns an EEA matter and should therefore extend to the European Economic Area.
COMMISSION DELEGATED REGULATION (EU) …/...
supplementing Regulation (EU) 2017/1369 of the European Parliament and
of the Council with regard to energy labelling of electronic displays
and repealing Commission Delegated Regulation (EU) No 1062/2010
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 28 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU, and in particular Article 11(5) and Article 16 thereof,
(1)Regulation (EU) 2017/1369 empowers the Commission to adopt delegated acts as regards the labelling or re-scaling of the labelling of product groups representing significant potential for saving energy and, where relevant, other resources.
(2)Provisions on the energy labelling of televisions were established by Commission Delegated Regulation (EU) No 1062/2010.
(3)The Communication from the Commission COM(20161)773 final (ecodesign working plan), established by the Commission in application of Article 16(1) of Directive 2009/125/EC of the European Parliament and of the Council, sets out the working priorities under the ecodesign and energy labelling framework for the period 2016-2019. The ecodesign working plan identifies the energy-related product groups to be considered as priorities for the undertaking of preparatory studies and eventual adoption of implementing measure, as well as the review of Commission Regulation (EC) No 642/2009 and of Commission Delegated Regulation (EU) No 1062/2010.
(4)Measures from the ecodesign working plan have an estimated potential to deliver in total in excess of 260 TWh of annual final energy savings in 2030, which is equivalent to reducing greenhouse gas emissions by approximately 100 million tonnes per year in 2030. Electronic displays are one of the product groups listed in the working plan.
(5)Televisions are among the product groups mentioned in Article 11(5)(b) of Regulation (EU) 2017/1369 for which the Commission should adopt a delegated act introducing an A to G rescaled label.
(6)Regulation (EU) No 1062/2010 required the Commission to review the regulation in light of technological progress.
(7)The Commission has reviewed Regulation (EU) No 1062/2010 as required by its Article 7 and analysed technical, environmental and economic aspects of televisions and other electronic displays, including monitors and signage displays as well as the real-life user understanding and behaviour in respect to different labelling elements. The review was carried out in close cooperation with stakeholders and interested parties from the Union and third countries. The results of the review were made public and presented to the Consultation Forum established by Article 14 of Regulation (EU) 2017/1369.
(8)It appears from the review that the same requirements for televisions should also apply to monitors because of the rapidly increasing functionality overlap between displays and televisions. Moreover, digital signage displays are specifically listed in the Commission’s 2016-2019 ecodesign working plan to be taken up in the revision of the existing regulations for televisions. The scope of this Regulation should thus comprise electronic displays including televisions, monitors and digital signage displays.
(9)The annual energy consumption in 2016 of televisions in the Union constituted more than 3 % of the Union’s electricity consumption. The projected energy consumption of televisions, monitors and digital signage displays, in a business as usual scenario, is expected be close to 100 TWh/yr in 2030. This Regulation, together with the accompanying ecodesign regulation, is estimated to reduce the annual final energy consumption up to 39 TWh/yr by 2030.
(10)The high dynamic range (HDR) encoding function may lead to a different energy use, suggesting a separate energy efficiency indication for such a function.
(11)The information provided on the label for the electronic displays in the scope of this Regulation should be obtained through reliable, accurate and repeatable measurement procedures, which take into account the recognised state of the art measurement methods including, where available, harmonised standards adopted by the European standardisation organisations, as listed in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
(12)Recognising the growth of sales of energy-related products through Internet hosting platforms, rather than directly from suppliers’ or dealers' websites, it should be clarified that Internet sales platforms should be responsible for enabling the displaying of the label provided by the supplier in proximity to the price. They should inform the dealer of that obligation, but should not be responsible for the accuracy or content of the label and the product information sheet provided. However, in application of Article 14(1)(b) of Directive 2000/31/EC of the European Parliament and of the Council on electronic commerce, such Internet hosting platforms should act expeditiously to remove or to disable access to information about the product in question if they are aware of the non-compliance (e.g. missing, incomplete or incorrect label or product information sheet) for example if informed by the market surveillance authority. A supplier selling directly to end-users via its own website is covered by dealers’ distance selling obligations referred to in Article 5 of Regulation (EU) 2017/1369.
(13)Electronic displays that are displayed at trade fairs should bear the energy label if the first unit of the model has already been placed on the market or is placed on the market at the trade fair.
(14)To improve the effectiveness of this Regulation, products that automatically alter their performance in test conditions to improve the declared parameters should be prohibited.
(15)The measures provided for in this Regulation were discussed by the Consultation Forum and the Member States’ experts in accordance with Article 14 of Regulation (EU) 2017/1369.
(16)Regulation (EU) No 1062/2010 should be repealed,
HAS ADOPTED THIS REGULATION:
Subject matter and scope
1.This Regulation establishes requirements for the labelling of, and the provision of supplementary product information on electronic displays, including televisions, monitors and digital signage displays.
2.This Regulation shall not apply to the following:
(a)any electronic display with a screen area smaller than or equal to 100 square centimetres;
(c)all-in-one video conference systems;
(e)virtual reality headsets;
(f)displays integrated or to be integrated into products listed in points 3(a) and 4 of Article 2 of Directive 2012/19/EU of the European Parliament and of the Council;
(g)electronic displays that are components or subassemblies of products covered by implementing measures adopted under Directive 2009/125/EC;
(j)digital interactive whiteboards;
(k)digital photo frames;
(l)digital signage displays which meet any of the following characteristics:
(1)designed and constructed as a display module to be integrated as a partial image area of a larger display screen area and not intended for use as a standalone display device;
(2)distributed self-contained in an enclosure for permanent outdoor use;
(3)distributed self-contained in an enclosure with a screen area less than 30 dm² or greater than 130 dm²;
(4)the display has a pixel density less than 230 pixels/cm² or more than 3025 pixels/cm²;
(5)a peak white luminance in standard dynamic range (SDR) operating mode of greater than or equal to 1000 cd/m²;
(6)no video signal input interface and display drive allowing the correct display of a standardised dynamic video test sequence for power measurement purposes;
For the purpose of this Regulation the following definitions shall apply:
(1)‘electronic display’ means a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources;
(2)‘television’ means an electronic display designed primarily for the display and reception of audiovisual signals and which consists of an electronic display and one or more tuners/receivers;
(3)‘tuner/receiver’ means an electronic circuit that detects television broadcast signal, such as terrestrial digital or satellite, but not Internet unicast, and facilitates the selection of a TV channel from a group of broadcast channels;
(4)‘monitor’ or ‘computer monitor’ or ‘computer display’ means an electronic display intended for one person for close viewing such as in a desk based environment;
(5)‘digital photo frame’ means an electronic display that displays exclusively still visual information;
(6)‘projector’ means an optical device for processing analogue or digital video image information, in any format, to modulate a light source and project the resulting image onto an external surface;
(7)‘status display’ means a display used to show simple but changing information such as selected channel, time or power consumption. A simple light indicator is not considered a status display;
(8)'control panel' means an electronic display whose main function is to display images associated with product operational status; it may provide user interaction by touch or other means to control the product operation. It may be integrated into products or specifically designed and marketed to be used exclusively with the product.
(9)‘all-in-one video conference system’ means a dedicated system designed for video conferencing and collaboration, integrated within a single enclosure, whose specifications shall include all of the following features:
(a)support for specific videoconference protocol ITU-T H.323 or IETF SIP as delivered by the manufacturer;
(b)camera(s), display and processing capabilities for two-way real-time video including packet loss resilience;
(c)loudspeaker and audio processing capabilities for two-way real-time hands-free audio including echo cancellation;
(d)an encryption function;
(10)‘HiNA’ means High Network Availability as defined in Article 1 of Commission Regulation (EC) No 1275/2008;
(11)‘broadcast display’ means an electronic display designed and marketed for professional use by broadcasters and video production houses for video content creation. Its specifications shall include all of the following features:
(a)colour calibration function;
(b)input signal analysis function for input signal monitoring and error detection, such as wave-form monitor/vector scope, RGB cut off, facility to check the video signal status at actual pixel resolution, interlace mode and screen marker;
(c)Serial Digital Interface (SDI) or Video over Internet Protocol (VoIP) integrated with the product;
(d)not intended for use in public areas.
(12)‘digital interactive whiteboard’ means an electronic display which allows direct user interaction with the displayed image. The digital interactive whiteboard is designed primarily to provide presentations, lessons or remote collaboration, including the transmission of audio and video signals. Its specification shall include all of the following features:
(a)primarily designed to be installed hanging, mounted on a ground stand, set on a shelf or desktop or fixed to a physical structure for viewing by multiple people;
(b)be necessarily used with computer software with specific functionalities to manage content and interaction;
(c)integrated or designed to be specifically used with a computer for running the software in point (b);
(d)a display screen area greater than 40 dm²;
(e)user interaction by finger or pen touch or other means such as hand, arm gesture or voice.
(13)‘security display’ means an electronic display whose specification shall include all of the following features:
(a)self-monitoring function capable of communicating at least one of the following information to a remote server:
–internal temperature from anti-overload thermal sensing;
–audio source and audio status (volume/mute);
–model and firmware version;
(b)user-specified specialist form factor facilitating the installation of the display into professional housings or consoles.
(14)‘digital signage display’ means an electronic display that is designed primarily to be viewed by multiple people in non-desktop based and non-domestic environments. Its specifications shall include all of the following features:
(a)unique identifier to enable addressing a specific display screen;
(b)a function disabling unauthorised access to the display settings and displayed image;
(c)network connection (encompassing a hard-wired or wireless interface) for controlling, monitoring or receiving the information to display from remote unicast or multicast but not broadcast sources;
(d)designed to be installed hanging, mounted or fixed to a physical structure for viewing by multiple people and not placed on the market with a ground stand;
(e)does not integrate a tuner to display broadcast signals.
(15)‘integrated’, referring to a display which is part of another product as a functional component, means electronic displays that are not able to be operated independently from the product and that depend on it for providing their functions, including power;
(16)‘medical display’ means an electronic display covered by the scope of:
(a)Council Directive 93/42/EEC concerning medical devices; or
(b)Regulation (EU) 2017/745 of the European Parliament and of the Council on medical devices; or
(c)Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices; or
(d)Directive 98/79/EC of the European Parliament and of the Council on in vitro diagnostic medical devices; or
(e)Regulation (EU) 2017/746 of the European Parliament and of the Council on in vitro diagnostic medical devices;
(17)‘grade 1 monitor’ means a monitor for high-level technical quality evaluation of images at key points in a production or broadcast workflow, such as image capture, post- production, transmission and storage;
(18)‘screen area’ means the viewable area of the electronic display calculated by multiplying the maximum viewable image width by the maximum viewable image height along the surface of the panel (both flat or curved);
(19)‘virtual reality headset’ means a head-wearable device that provides immersive virtual reality for the wearer by displaying stereoscopic images for each eye with head motion tracking functions;
(20)‘point of sale’ means a location where electronic displays are displayed or offered for sale, hire or hire-purchase.
Obligations of suppliers
1.Suppliers shall ensure that:
(a)each electronic display is supplied with a label in printed form in the format and containing the information set out in Annex III;
(b)the parameters of the product information sheet, as set out in Annex V, are entered into the product database;
(c)if specifically requested by the dealer, the product information sheet shall be made available in printed form;
(d)the content of the technical documentation, as set out in Annex VI, is entered into the product database;
(e)any visual advertisement for a specific model of electronic display, including on the Internet, contains the energy efficiency class and the range of efficiency classes available on the label in accordance with Annex VII and Annex VIII;
(f)any technical promotional material concerning a specific model of electronic display, including on the Internet, which describes its specific technical parameters, includes the energy efficiency class of that model and the range of efficiency classes available on the label, in accordance with Annex VII;
(g)an electronic label, in the format and containing the information as set out in Annex III, shall be made available to dealers for each electronic display model;
(h)an electronic product information sheet, as set out in Annex V, is made available to dealers for each electronic display model;
(i)in addition to point (a), the label shall be printed on the packaging or stuck on it.
2.The energy efficiency class shall be based on the energy efficiency index calculated in accordance with Annex II.
Obligations of dealers
Dealers shall ensure that:
(a)each electronic display, at the point of sale, including at trade fairs, bears the label provided by suppliers in accordance with point 1(a) of Article 3 displayed on the front of the appliance or hung on it or placed in such a way as to be clearly visible and unequivocally associated to the specific model; provided that the electronic display is kept in on-mode when visible to customers for sale, the electronic label in accordance with point 1(g) of Article 3 displayed on the screen may replace the printed label;
(b)where an electronic display model is displayed in a point of sale without any unit displayed out of the box, the label printed on the box or stuck on it shall be visible;
(c)in the event of distance selling or telemarketing, the label and product information sheet are provided in accordance with Annexes VII and VIII;
(d)any visual advertisement for a specific model of electronic display, including on the Internet, contains the energy efficiency class and the range of efficiency classes available on the label, in accordance with Annex VII;
(e)any technical promotional material concerning a specific model of electronic display, including technical promotional material on the Internet, which describes its specific technical parameters, includes the energy efficiency class of that model and the range of efficiency classes available on the label, in accordance with Annex VII.
Obligations of service provider on Internet hosting platforms
Where a hosting service provider, as referred to in Article 14 of Directive 2000/31/EC, allows the selling of electronic displays through its Internet website, the service provider shall enable the showing of the electronic label and electronic product information sheet provided by the dealer on the display mechanism in accordance with the provisions of Annex VIII and shall inform the dealer of the obligation to display them.
The information to be provided pursuant to Articles 3 and 4 shall be obtained by reliable, accurate and reproducible measurement and calculation methods, which take into account the recognised state-of-the-art measurement and calculation methods set out in Annex IV.
Verification procedure for market surveillance purposes
Member States shall apply the verification procedure laid down in Annex IX when performing the market surveillance checks referred to in paragraph 3 of Article 8 of Regulation (EU) 2017/1369.
The Commission shall review this Regulation in the light of technological progress and present the results of this review, including, if appropriate, a draft revision proposal, to the Consultation Forum no later than [OP – please insert date: three years after the entry into force of the present Regulation].
The review shall in particular assess the following:
(a)whether it is or is still appropriate to have separate energy categorisations for SDR and HDR;
(b)the verification tolerances set out in Annex IX;
(c)whether other electronic displays should be included in the scope;
(d)the appropriateness of the balance of stringency between larger and smaller products;
(e)whether it is feasible to develop appropriate notification methods for the energy consumption;
(f)the possibility to address circular economy aspects.
In addition, the Commission shall review the label to rescale it when the requirements of Article 11 of Regulation (EU) 2017/1369 are met.
Regulation (EU) No 1062/2010 is repealed as of 1 March 2021.
As from [OP – please insert the day of entry into force of this Regulation] until 28 February 2021, the product fiche required under point 1(b) of Article 3 of Regulation (EU) No 1062/2010 may be made available through the product database instead of being provided in printed form with the product. In that case the supplier shall ensure that if, specifically requested by the dealer, the product fiche shall be made available in printed form.
Entry into force and application
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 1 March 2021. However, point 1(a) of Article 3 shall apply from 1 November 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11.3.2019
For the Commission