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Document C(2019)1796

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

C/2019/1796 final

EXPLANATORY MEMORANDUM

1.Context of the delegated act

1.1.Legal and political context of the proposal

In the EU, the Ecodesign Framework Directive 1 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 2 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 3 . 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' 4 and to the priority of a deeper and fairer internal market with a strengthened industrial base 5 . 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 6 , Hong Kong 7 , China, Brazil 8 , Argentina 9 , Peru, Chile 10 , 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  11 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 12 . The study revealed that the energy label is recognised and used by 85 % of Europeans 13 and represents the second best known symbol associated to the EU 14 , 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 15 . 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 16 , which calls for a renewed effort in carbon emission abatement,

·the Gothenburg Protocol 17 , which aims at controlling air pollution,

·the Circular Economy Initiative 18 , which among other things, stresses the need to include reparability, recyclability and durability in the ecodesign, framework;

·the Emissions Trading Scheme (ETS) 19 , 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 20 , 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 21 (Ecodesign) and Commission Delegated Regulation (EU) No 1062/2010 (Energy Label) 22 . 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 23  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 24 , 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.

1.2.General context

The Ecodesign legislative framework, together with the Energy Labelling 25 , establish a push and pull market mechanism aiming at reducing carbon emissions ( Figure 2 ) 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 26 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 27 .

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 28 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 Figure 3 ), 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 29 . 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 30 . 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 31 ;

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 32 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 33 establishing a framework for the setting of ecodesign requirements for energy-related products ;

Regulation (EU) No 1062/2010 34 with regard to energy labelling of televisions;

Regulation (EC) No 642/2009 35 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 36 .

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 37 . 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 38 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 39 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 40 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 41 .

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 42 . This helps to ensure that the requirements are laid down at the proper ambition level and that they reflect recent technology developments.

Figure 4:    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 43 . 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 44 .

An online public consultation 45 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 %) 46 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.

2.2.Impact assessment

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 47 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 48 , 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.

2.3.Feedback mechanism

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 49 . 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 50 and for having to disclose repair information possibly giving advantage to competitors 51 . 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 52 .

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 53 .

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

New EEI

A

   EEI < 0.30

B

0.30 ≤ EEI < 0.40

C

0.40 ≤ EEI < 0.50

D

0.50≤ EEI < 0.60

E

0.60 ≤ EEI < 0.75

F

0.75 ≤ EEI < 0.90

G

   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. Figure 5 provides such an illustration, for comparison of relatively small displays.

Figure 5: Approximate comparison between new and old energy labelling classes

Figure 6 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.

Figure 6:    Distribution of displays from the 2018 dataset ‘unadjusted’ to the new labelling classes

Figure 7 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).

Figure 7:    Distribution of displays from the 2018 dataset with projection of expected improvements at entry in force of the rescaled labels

Figure 8 projects the same dataset with the same assumptions showing the hypothetical distribution by 2025 and by 2030.

Figure 8:    Distribution of displays from the 2018 dataset with projection of expected improvements by 2025 (left) and 2030 (right)

Figure 9 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).

Figure 9:    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 54 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 55 and a separate one for HDR with indication of energy 56 . 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 57 .

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 58 and durability, as well facilitating recyclability 59 , no well-known or convincing pictogram was identified for inclusion in the label.

4.Legal basis, Subsidiarity and Proportionality

4.1.Legal basis

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.

4.2.Subsidiarity principle

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.

4.3.Proportionality principle

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.

6.Budgetary implication

The proposal has no implications for the EU budget.

7.Additional information

Review/revision/sunset clause

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) …/...

of 11.3.2019

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 60 , and in particular Article 11(5) and Article 16 thereof,

Whereas:

(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 61 .

(3)The Communication from the Commission COM(20161)773 final 62 (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 63 , 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 64 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 65 .

(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 66  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:

Article 1
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;

(b)projectors;

(c)all-in-one video conference systems;

(d)medical displays;

(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 67 ;

(g)electronic displays that are components or subassemblies of products covered by implementing measures adopted under Directive 2009/125/EC;

(h)broadcast displays;

(i)security displays;

(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;

(a)status displays;

(b)control panels.

Article 2
Definitions

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;

(e)HiNA.

(10)‘HiNA’ means High Network Availability as defined in Article 1 of Commission Regulation (EC) No 1275/2008 68 ;

(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:

power status;

internal temperature from anti-overload thermal sensing;

video source;

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 69 concerning medical devices; or

(b)Regulation (EU) 2017/745 of the European Parliament and of the Council 70 on medical devices; or

(c)Council Directive 90/385/EEC 71 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 72 on in vitro diagnostic medical devices; or

(e)Regulation (EU) 2017/746 of the European Parliament and of the Council 73 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.

Article 3
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.

Article 4
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.

Article 5
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.

Article 6
Measurement methods

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.

Article 7
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.

Article 8
Review

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.

Article 9
Repeal

Regulation (EU) No 1062/2010 is repealed as of 1 March 2021.

Article 10
Transitional measures

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.

Article 11
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

   The President
   Jean-Claude JUNCKER

(1)    Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products. OJ L 285, 31.10.2009, p. 10 (Ecodesign Framework Directive).
(2)    Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU. OJ L 198, 28.7.2017, p. 1 (Energy Labelling Framework Regulation)
(3)    Under the old Energy Labelling Framework Directive 2010/30/EU, energy labels were allowed to include A+ to A+++ classes, the new framework regulation requires a rescaling of existing energy labels, back to the original A to G scale (See also Section 1.3).
(4)    Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee, The Committee Of The Regions And The European Investment Bank - A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy. COM/2015/080 final. (Energy Union Framework Strategy)
(5)    Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Upgrading the Single Market: more opportunities for people and business COM/2015/550 final. 28 October 2015. (Deeper and fairer internal market)
(6)     https://www.savingenergy.org.za/wp-content/uploads/2018/05/Energy-Label-Learner-Guide.pdf
(7)     https://www.clp.com.hk/en/my-home/energy-saving-ideas/understanding-energy-labels
(8)     http://www2.inmetro.gov.br/pbe/  
(9)     https://www.argentina.gob.ar/televisor  
(10)     https://energiaenchile.cl/conoce-la-nueva-etiqueta-energetica-para-televisores/  
(11)     https://ec.europa.eu/info/sites/info/files/impact_of_energy_labels_on_consumer_behaviour_en.pdf  
(12)    Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (OJ L 153, 18.6.2010, p. 1).
(13)     Study on the impact of the energy label – and potential changes to it – on consumer understanding and on purchase decisions - . LE London Economics and IPSOS, October 2014 (https://ec.europa.eu/info/sites/info/files/impact_of_energy_labels_on_consumer_behaviour_en.pdf)
(14)    After the Euro currency symbol.
(15)    Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products. (OJ L 153, 18.6.2010, p. 1).
(16)    Global agreement in response to climate change of 2015 ( Paris Agreement )
(17)    Protocol to abate acidification, eutrophication and ground-level ozone of 1999 (Gothenburg Protocol)
(18)     Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Closing the loop - An EU action plan for the circular economy (Circular Economy Initiative)
(19)    https://ec.europa.eu/clima/policies/ets_en (ETS)
(20)    Communication from the Commission to the European Parliament and the Council European Security Strategy. COM(2014)0330 final.
(21)    Commission Regulation (EC) No 642/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for televisions (OJ L 191, 23.7.2009, p. 42).
(22)    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 (OJ L 314, 30.11.2010, p. 64).
(23)    Communication from the Commission Ecodesign Working Plan. COM(2016) 773 final, Brussels, 30 November 2016. (Ecodesign Working Plan 2016-2019)
(24)     Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Closing The Loop - An EU Action Plan For The Circular Economy (Circular Economy Initiative)
(25)    Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
(26)    i.e. about 1/2 of the EU 2020 target of 20 %
(27)    i.e. about 1/3 of the EU 2020 target of 20 %
(28)    Nearly Euro 500 per year for the average EU household.
(29)    The preparatory study for the regulations in force was performed in 2006-2007, during an unprecedented technology and market revolution and is available from https://circabc.europa.eu/w/browse/5263110f-17fc-465b-b1b9-b64552035b03
(30)    During the legislative preparatory phase until after publication on the Official Journal
(31)    The regulation was originally not intended to cover computer monitors. The current definition of TV monitor is based on obsolete definitions, causing legal uncertainty.
(32)    OJ L 153, 19.05.2010, p. 1
(33)    OJ L 285, 31.10.2009, p. 10
(34)    OJ L 314, 30.11.2010, p. 64
(35)    OJ L 191, 23.07.2009, p. 42
(36)    About a hundred television models have been certified with an Ecolabel since its establishment 9 years ago. Requirements include e.g. absence of the most toxic flame retardant (FR) additives, design facilitating repair and dismantling at end of life.
(37)    I.e. 20 % energy savings by 2020 and 32,5 % by 2030.
(38)    https://circabc.europa.eu/w/browse/d46d97b6-b78b-45ce-b0be-56864222a689
(39)    ENER Lot 3, Computers and computer displays, resulting in the Computers ecodesign Regulation 617/2013, without computer monitors in its scope.
(40)    This first impact assessment was approved by the Impact Assessment Board on 4 September 2013.
(41)    The Regulation in force includes information on availability requirements that was particularly useful for collecting verifiable, non-anonymised and official data. The Energy Star database was and additional source of relevant information, particularly for monitors and signage displays.
(42)    Less data was available for signage electronic displays, a market sector only recently exploded.
(43)    Germany, Italy, the Netherlands, Poland, Portugal, Romania, and Sweden.
(44)    The power supply representing the component most frequently causing the breakdown of a display, possibly leading to its disposal. An external supply would be easily replaced by the customer itself.
(45)    https://ec.europa.eu/info/consultations/public-consultation-ecodesign-and-energy-labelling-refrigerators-dishwashers-washing-machines-televisions-computers-and-lamps_en
(46)    Scale ranging from not important, somewhat important, important, very important, don’t know or no opinion and no answer.
(47)    It had been approved by the Impact Assessment Board (IAB) on 4 September 2013
(48)    No “on-mode” minimal energy efficiency requirements are proposed in Ecodesign but Energy Labelling is proposed. The Ecodesign proposal includes a review clause for setting on-mode minimal requirements on signage displays and possibly further extend the scope to modular systems in light of new evidence such as that coming from the product registration database.
(49)    No single indication could represent any “real life” situation, as no weight balance could be used.
(50)    Particularly for high-end displays, such as curved and/or for gaming
(51)    Particularly if requested since the date of placing new models on the market.
(52)    E.g. on availability of spare parts (also to be indicated in the label) or on banning the use of flame retardants.
(53)    Not all electronic signage displays require higher luminosity. For example new, ‘self-reflective’ technologies known as ‘electronic ink’ are emerging, with outstanding efficiency in applications with moderate image change rate. As no backlight is necessary, power is almost only necessary to change the picture and a small PV panel and/or a battery can provide it.
(54)    Such as self-reflective, self-emissive or transflective technologies, now at the demonstrative stage.
(55)    Indicated as Standard Dynamic Range or SDR in the working document.
(56)    Although NGOs, consumer associations and some Member States supported an indication of the annual energy use, no acceptable indication was identified, because of the wide variety of use of the different products in scope, e.g. from few hours per day of a computer monitor for home use to virtually 24 hours a day for some applications of signage displays.
(57)    How long a display is used in SDR or HDR will change in the coming years but not at the same rate and proportion (e.g. a monitor used for office use would make no use at all of HDR, whilst a monitor used for gaming may use HDR all the time in use. For televisions, broadcasters will probably slowly to move on (similarly to the move to higher resolution) whilst Internet channels are already in the arena. Signage displays showing advertisements and needing to capture people's attention will largely make use of HDR, but, again, not all signage is used for commercial video adverts.
(58)    Internal power supplies are frequently integrated on the main electronic board with a reparability cost comparable to a new display. Even if not integrated, their repair needs specialised support, whilst an externa supply can be easily purchased and replaced by the end user.
(59)    Removing the power source from the interior of an electronic display reduces or possibly nullifies the need to use flame retardants in plastics. Flame retardants hinder recyclability.
(60)    OJ L 198, 28.07.2017, p. 1.
(61)    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 (OJ L 314, 30.11.2010, p. 64).
(62)    Communication from the Commission. Ecodesign working plan 2016-2019 COM(2016)773 final, 30.11.2016.
(63)    Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
(64)    Commission Regulation (EC) No 642/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for televisions (OJ L 191, 23.7.2009, p. 42).
(65)    Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
(66)    Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).
(67)    Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE), (OJ L 197, 24.7.2012, p. 38).
(68)    Commission Regulation (EC) No 1275/2008 of 17 December 2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode electric power consumption of electrical and electronic household and office equipment (OJ L 339, 18.12.2008, p. 45).
(69)    Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ L 169, 12.7.1993, p. 1).
(70)    Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
(71)    Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices (OJ L 189, 20.7.1990, p. 17).
(72)    Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ L 331, 7.12.1998, p. 1).
(73)    Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
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ANNEX I
Definitions for the purposes of the Annexes

The following definitions shall apply:

(1)‘energy efficiency index’ (EEI) means an index number for the relative energy efficiency of an electronic display, as set out in point B of Annex II;

(2)‘High Dynamic Range (HDR)’ means a method to increase the contrast ratio of the image of an electronic display by using metadata generated during the creation of the video material and that the display management circuitry interprets to produce a contrast ratio and colour rendering perceived by the human eye as more realistic than that achieved by non HDR-compatible displays;

(3)‘contrast ratio’ means the difference between the peak brightness and black level in an image;

(4)‘luminance’ means the photometric measure of the luminous intensity per unit area of light traveling in a given direction, expressed in units of candelas per square meter (cd/m2). The term brightness is often used to “subjectively” qualify the luminance of an electronic display;

(5)‘Automatic Brightness Control (ABC)’ means the automatic mechanism that, when enabled, controls the brightness of an electronic display as a function of the ambient light level illuminating the front of the display;

(6)‘default’, referring to a specific feature or setting, means the value of a specific feature as set at the factory and available when the customer uses the product for the first time and after performing a "reset to factory settings" action, if allowed by the product; 

(7)‘pixel (picture element)’ means the area of the smallest element of a picture that can be distinguished from its neighbouring elements;

(8)‘on mode’ or ‘active mode’ means a condition in which the electronic display is connected to a power source, has been activated and is providing one or more of its display functions;

(9)‘forced menu’ means a specific menu, appearing upon initial start-up of the electronic display or upon a reset to factory settings, offering a set of display settings, pre-defined by the supplier;

(10)‘normal configuration’ means a display setting which is recommended to the end-user by the supplier from the initial set up menu or the factory setting that the electronic display has for the intended product use. It must deliver the optimal quality for the end user in the intended environment and for the intended use. The normal configuration is the condition in which the values for off, standby, networked standby and on mode are measured;

(11)‘brightest on mode configuration’ means the configuration of the electronic display, pre-set by the supplier, which provides an acceptable picture with the highest measured luminance;

(12)‘shop configuration’ means the configuration of the electronic display for use specifically in the context of demonstrating the electronic display, for example in high illumination (retail) conditions and not involving an auto power-off if no user action or presence is detected;

(13)‘room presence sensor’ or ‘gesture detection sensor’ or ‘occupancy sensor’ means a sensor monitoring and reacting to movements in the space around the product whose signal can trigger the switching to on mode. Lack of movement detection for a predetermined time can be used to switch into standby mode or networked standby mode;

(14)‘off mode’ means a condition in which the electronic display is connected to the mains power source and is not providing any function: the following shall also be considered as off mode:

(1)conditions providing only an indication of off mode condition;

(2)conditions providing only functionalities intended to ensure electromagnetic compatibility pursuant to Directive 2014/30/EU of the European Parliament and of the Council 1 ;

(15)‘standby mode’ means a condition where the electronic display is connected to the mains or DC power source, depends on energy input from that source to work as intended and provides only the following functions, which may persist for an indefinite time:

reactivation function, or reactivation function and only an indication of enabled reactivation function; and/or

information or status display;

(16)‘reactivation function’ means a function that via a remote switch, a remote control unit, an internal sensor, a timer or, for networked displays in networked standby mode, the network, provides a switch from standby mode or networked standby mode to a mode, other than off-mode, providing additional functions;

(17)‘display mechanism’ means any screen, including tactile screen or other visual technology used for displaying internet content to users;

(18)‘nested display’ means visual interface where an image or data set is accessed by a mouse click, mouse roll-over or tactile screen expansion of another image or data set;

(19)‘tactile screen’ means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone;

(20)‘alternative text’ means text provided as an alternative to a graphic allowing information to be presented in non-graphical form where display devices cannot render the graphic or as an aid to accessibility such as input to voice synthesis applications;

(21)‘External Power Supply (EPS)’ means a device as defined in Commission Regulation (EU) 2019/XXX 2  [OP – please insert the number of the Regulation C(2019)2126];

(22)‘standardised EPS’ means an external power supply designed to provide power to various devices and that is complies with a standard issued by an international standardization organization;

(23)‘Quick Response (QR) code’ means a matrix barcode included on the energy label of a product model that links to that model’s information in the public part of the product database;

(24)‘network’ means a communication infrastructure with a topology of links and an architecture that includes the physical components, organisational principles and communication procedures and formats (protocols);

(25)‘network interface’ (or ‘network port’) means a wired or wireless physical interface, providing network connection, through which functions of the electronic display can be remotely activated and data received or sent. Interfaces to input data such as video and audio signals, but not originating from a network source and using a network address, are not considered to be a network interface;

(26)‘network availability’ means the capability of an electronic display to activate functions after a remotely initiated trigger has been detected by a network interface;

(27)‘networked display’ means an electronic display that can connect to a network using one of its network interfaces, if enabled; 

(28)‘networked standby mode’ means a condition in which the electronic display is able to resume a function by way of a remotely initiated trigger from a network interface.

ANNEX II

A.    Energy efficiency classes

The energy efficiency class of an electronic display shall be determined on the basis of its energy efficiency index for labelling (EEIlabel) as set out in Table 1. The EEIlabel of an electronic display shall be determined in accordance with part B of this Annex.

Table 1: Energy efficiency classes of electronic displays

Energy Efficiency Class

Energy Efficiency Index (EEIlabel)

A

EEIlabel

< 0,30

B

0,30 ≤

EEIlabel 

< 0,40

C

0,40 ≤

EEIlabel 

< 0,50

D

0,50 ≤

EEIlabel 

< 0,60

E

0,60 ≤

EEIlabel 

< 0,75

F

0,75 ≤

EEIlabel 

< 0,90

G

0,90 ≤

EEIlabel 

B.    Energy Efficiency Index (EEIlabel)

The Energy Efficiency Index (EEIlabel) of the electronic display shall be calculated using the following equation:

where:

A represents the viewing surface area in dm²;

Pmeasured is the measured power in on mode in Watts in the normal configuration and set as indicated in Table 2;

corrl is a correction factor set as indicated in Table 3.

Table 2: Measurement of Pmeasured

Dynamic Range level

Pmeasured

Standard Dynamic Range (SDR): PmeasuredSDR

Power demand in Watts (W) in on mode, measured when displaying standardised test sequences of moving picture from dynamic broadcast content. Where allowances are applicable according to part C of this Annex, they should be deducted from Pmeasured.

High Dynamic Range (HDR)

PmeasuredHDR

Power demand in Watts (W) in on mode, measured as for PmeasuredSDR but with the HDR functionality activated by metadata in the standardised HDR test sequences. Where allowances are applicable according to part C of this Annex, they should be deducted from Pmeasured.

Table 3: corrl value

Electronic Display type

corrl value

Television

0,0

Monitor

0,0

Digital signage

0,00062*(lum-500)*A

where “lum” is the peak white luminance, in cd/m², of the brightest on mode configuration of the electronic display and A is the screen area in dm²

C.    Allowances and adjustments for the purpose of the EEIlabel calculation

Electronic displays with automatic brightness control (ABC) shall qualify for a 10 % reduction in Pmeasured if they meet all of the following requirements:

(a)ABC is enabled in the normal configuration of the electronic display and persists in any other standard dynamic range configuration available to the end user;

(b)the value of Pmeasured, in the normal configuration, is measured, with ABC disabled or if ABC cannot be disabled, in an ambient light condition of 100 lux measured at the ABC sensor;

(c)if applicable, the value of Pmeasured with ABC disabled shall be equal to or greater than the on mode power measured with ABC enabled in an ambient light condition of 100 lux measured at the ABC sensor;

(d)with ABC enabled, the measured value of the on mode power must decrease by 20 % or more when the ambient light condition, measured at the ABC sensor, is reduced from 100 lux to 12 lux;

(e)the ABC control of the display screen luminance meets all of the following characteristics when the ambient light condition measured at the ABC sensor changes:

the measured screen luminance at 60 lux is between 65 % and 95 % of the screen luminance measured at 100 lux;

the measured screen luminance at 35 lux is between 50 % and 80 % of the screen luminance measured at 100 lux;

the measured screen luminance at 12 lux is between 35 % and 70 % of the screen luminance measured at 100 lux.

ANNEX III
Label for electronic displays

1.LABEL

The following information shall be included in the label for electronic displays:

I.QR code;

II.supplier’s name or trade mark;

III.supplier’s model identifier;

IV.scale of energy efficiency classes from A to G;

V.the energy efficiency class determined in accordance with point B of Annex II when using PmeasuredSDR;

VI.on mode energy consumption in kWh per 1000 h, when playing SDR content, rounded to the nearest integer;

VII.the energy efficiency class determined in accordance with point B of Annex II when using PmeasuredHDR;

VIII.the on mode energy consumption in kWh per 1000 h, when playing HDR content, rounded to the nearest integer;

IX.visible screen diagonal in centimetres and inches and horizontal and vertical resolution in pixels;

X.the number of this Regulation, that is ‘2019/XXX’ [PO- please insert the number of this Regulation in this point and in the right bottom corner of the label].



2.LABEL DESIGN


Whereby:

(a)The label shall be at least 96 mm wide and 192 mm high. Where the label is printed in a larger format, its content shall nevertheless remain proportionate to the specifications above. For electronic displays with a size of the diagonal of the visible area less than 127 cm (50 inches), the label can be printed scaled down, but not less than 60 % of its normal size; its content shall nevertheless be proportionate to the specifications above and the QR code still readable by a commonly available QR reader, such as those integrated in a smartphone.

(b)The background of the label shall be 100 % white.

(c)The typefaces shall be Verdana and Calibri.

(d)The dimensions and specifications of the elements constituting the label shall be as indicated in the label design.

(e)Colours shall be CMYK – cyan, magenta, yellow and black, following this example: 0,70,100,0: 0 % cyan, 70 % magenta, 100 % yellow, 0 % black.

(f)The label shall fulfil all the following requirements (numbers refer to the figure above):

the colours of the EU logo shall be as follows:

the background: 100,80,0,0;

the stars: 0,0,100,0;

the colour of the energy logo shall be: 100,80,0,0;

the QR code shall be 100 % black;

the supplier’s name shall be 100 % black and in Verdana Bold 9 pt;

the model identifier shall be 100 % black and in Verdana Regular 9 pt;

the A to G scale shall be as follows:

the letters of the energy efficiency scale shall be 100 % white and in Calibri Bold 19 pt; the letters shall be centred on an axis at 4,5 mm from the left side of the arrows;

the colours of the A to G scale arrows shall be as follows:

·A-class: 100,0,100,0;

·B-class: 70,0,100,0;

·C-class: 30,0,100,0;

·D-class: 0,0,100,0;

·E-class: 0,30,100,0;

·F-class: 0,70,100,0;

·G-class: 0,100,100,0;

the internal dividers shall have a weight of 0,5 pt and the colour shall be 100 % black;

the letter of the energy efficiency class shall be 100 % white and in Calibri Bold 33 pt. The energy efficiency class arrow and the corresponding arrow in the A to G scale shall be positioned in such a way that their tips are aligned. The letter in the energy efficiency class arrow shall be positioned in the centre of the rectangular part of the arrow which shall be 100 % black;

the energy consumption value in SDR shall be in Verdana Bold 28 pt; ‘kWh/1000h’ shall be in Verdana Regular 16 pt. The text shall be centred and in 100 % black;

the HDR and the screen pictograms shall be 100 % black and as shown as in the label design; the texts (numbers and units) shall be 100 % black, and as follows:

above the HDR pictogram, the letters of energy efficiency classes (A to G) shall be centred, with the letter of the applicable energy efficiency class in Verdana Bold 16 pt and the other letters in Verdana Regular 10 pt; under the HDR pictogram, the energy consumption value in HDR shall be centred, in Verdana Bold 16 pt with ‘kWh/1000h’ in Verdana Regular 10 pt;

the texts of the screen pictogram shall be in Verdana Regular 9 pt and placed as in the label design;

the number of the regulation shall be 100 % black and in Verdana Regular 6 pt.

ANNEX IV
Measurement methods and calculations

For the purposes of compliance and verification of compliance with the requirements of this Regulation, measurements and calculations shall be made using harmonised standards, the reference numbers of which have been published in the Official Journal of the European Union or using other reliable, accurate and reproducible methods which take into account the generally recognised state-of-the-art. They shall be in line with the provisions set out in this Annex.

Measurements and calculations shall meet the technical definitions, conditions, equations and parameters set out in this Annex. Electronic displays which can operate in both 2D and 3D modes shall be tested when they operate in 2D mode.

An electronic display which is split into two or more physically separate units, but placed on the market in a single package, shall, for checking the conformity with the requirements of this Annex, be treated as a single electronic display. Where multiple electronic displays that can be placed on the market separately are combined in a single system, the individual electronic displays shall be treated as single displays.

1.Measurements of on mode power demand

Measurements of the on mode power demand shall fulfil all of the following general conditions:

(a)electronic displays shall be measured in the normal configuration;

(b)measurements shall be made at an ambient temperature of 23 °C +/– 5 °C;

(c)measurements shall be made using a dynamic broadcast video signal test loops representing typical broadcast content for electronic displays in standard dynamic range (SDR). For the HDR measurement the electronic display must automatically and correctly respond to the HDR metadata in the test loop. The measurement shall be the average power consumed over 10 consecutive minutes;

(d)measurements shall be made after the electronic display has been in the off-mode or, if an off-mode is not available, in standby mode for a minimum of 1 hour immediately followed by a minimum of 1 hour in the on mode and shall be completed before a maximum of 3 hours in on-mode. The relevant video signal shall be displayed during the entire on mode duration. For electronic displays that are known to stabilise within 1 hour, these durations may be reduced if the resulting measurement can be shown to be within 2 % of the results that would otherwise be achieved using the durations described here;

(e)where ABC is available, measurements shall be made with it switched off. If ABC cannot be switched off, then the measurements shall be performed in an ambient light condition of 100 lux measured at the ABC sensor.

2.Measurements of peak white luminance

Measurements of the peak white luminance shall be made:

(a)with a luminance meter, detecting that portion of the screen exhibiting a full (100 %) white image, which is part of a ‘full screen test’ pattern not exceeding the average picture level (APL) point where any power limiting or other irregularity occurs;

(b)without disturbing the luminance meter’s detection point on the electronic display whilst switching between the normal configuration and the brightest on mode configuration.

ANNEX V
Product information sheet

Pursuant to point 1(b) of Article 3, the supplier shall enter into the product database the information as set out in Table 4.

The product manual or other literature provided with the product shall clearly indicate the link to the model in the product database as a human-readable Uniform Resource Locator (URL) or as QR-code or provide the product registration number.

Table 4: Information, order and format of the product information sheet

Information

Value and precision

Unit

Notes

1.

Supplier's name or trade mark

TEXT

2.

Supplier's model identifier

TEXT

3.

Energy efficiency class for standard Dynamic Range (SDR)

[A/B/C/D/E/F/G]

If the product database automatically generates the definitive content of this cell, the supplier shall not enter this data.

4.

On mode power demand for Standard Dynamic Range (SDR)

X,X

W

Rounded to the first decimal place for power values below 100 W, and rounded to the first integer for power values from 100 W.

5.

Energy efficiency class (HDR)

[A/B/C/D/E/F/G] or n.a.

If the product database automatically generates the definitive content of this cell, the supplier shall not enter this data. Value set to “n.a. (not applicable) if HDR not implemented.

6.

On mode power demand in High Dynamic Range (HDR) mode

X,X

W

Rounded to the first decimal place for power values below 100 W, and rounded to the first integer for power values from 100 W

(value set to 0 (zero) if "not applicable").

7.

Off mode, power demand

X,X

W

8.

Standby mode power demand

X,X

W

9.

Networked standby mode power demand

X,X

W

10.

Electronic display category

[television/ monitor/ signage / other]

Select one.

11.

Size ratio

X

:

Y

integer

E.g. 16:9, 21:9, etc.

12.

Screen resolution (pixels)

X

x

Y

pixels

Horizontal and vertical pixels

13.

Screen diagonal 

X,X

cm

In cm according to the International System of Units (SI), rounded to the nearest decimal place.

14.

Screen diagonal 

X

inches

Optional, in inches rounded to the nearest integer place.

15.

Visible screen area

X,X

cm2

Rounded to the one decimal place

16.

Panel technology used

TEXT

E.g. LCD / LED LCD / QLED LCD / OLED / MicroLED / QDLED / SED / FED / EPD, etc.

17.

Automatic Brightness Control (ABC) available

[YES/NO]

Must be activated as default (if YES).

18.

Voice recognition sensor available

[YES/NO]

19.

Room presence sensor available

[YES/NO]

Must be activated as default (if YES).

20.

Image refresh frequency rate

X

Hz

21.

Minimum guaranteed availability of software and firmware updates (until):

GG MM AAAA

date

3 As from Annex II E, point 1 of Commission Regulation (EU) 2019/XXX [OP – please insert the number of the Regulation C(2019)2122].

22.

Minimum guaranteed availability of spare parts (until):

GG MM AAAA

date

As from Annex II D, point 5 of Regulation (EU) 2019/XXX [OP – please insert the number of the Regulation C(2019)2122].

23.

Minimum guaranteed product support (until):

GG MM AAAA

date

24.

Power supply type:

Internal / External / Standardised external

Select one.

i

External standardised power supply (included in the product box)

Standard name

TEXT

Input voltage

X

V

Output voltage

X

V

ii

External standardised suitable power supply (if not included in the product box)

Standard name

TEXT

Mandatory only if EPS not included in the box, non-mandatory otherwise.

Required output voltage

X,X

V

Mandatory only if EPS not included in the box, non-mandatory otherwise.

Required delivered current

X,X

A

Mandatory only if EPS not included in the box, non-mandatory otherwise.

Required current frequency

X

Hz

Mandatory only if EPS not included in the box, non-mandatory otherwise.

ANNEX VI
Technical documentation

The technical documentation referred to in point 1(d) of Article 3 shall include:

(1)identification data (general description of the model):

(a)trademark and model identifier;

(b)supplier's name, address, registered trade name;

(2)references to the harmonised standards applied, other measurement standards and specifications used in measuring the technical parameters and calculations performed;

(3)specific precautions to be taken when the model is assembled, installed and tested;

(4)a list of all equivalent models, including model identifiers;

(5)measured technical parameters of the model and calculations performed with the measured parameters as listed in Table 5;

Table 5: Measured technical parameters

Value and precision

Unit

Notes

General

1.

Ambient temperature

XX,XX

°C

2.

Test voltage

X

V

3.

Frequency

X,X

Hz

4.

Total harmonic distortion (THD) of the electricity supply system

X

%

For On-mode

5.

Peak white luminance of the brightest on mode configuration

X

cd/m²

6.

Peak white luminance of the normal configuration

X

cd/m²

7.

Peak white luminance ratio (calculated)

X,X

%

Value row 6 above divided by value row 5 above times 100

For APD

8.

Duration of the on mode condition, before the electronic display reaches automatically standby, or off mode, or another condition which does not exceed the applicable power consumption requirements for off mode and/or standby mode.

mm:ss

For televisions: the measured value of the time before the television automatically reaches standby, or off-mode, or another condition which does not exceed the applicable power consumption requirements for off-mode and/or standby-mode following the last user interaction;

mm:ss

For televisions equipped with room presence sensor: the measured value of the time before the television automatically reaches standby, or off-mode, or another condition which does not exceed the applicable power consumption requirements for off mode and/or standby mode when no presence is detected;

mm:ss

Other electronic displays than televisions and broadcast displays: The measured value of the time before the electronic display automatically reaches standby, or off-mode, or another condition which does not exceed the applicable power consumption requirements for off mode and/or standby mode when no input is detected;

mm:ss

For ABC

If available and activated by default (as from Annex V, Table 4)

9.

Average on mode power demand of the electronic display at an ambient light intensity, measured at the ABC sensor of the electronic display, of 100 lux and 12 lux.

X,X

W

10

Percentage of power reduction due to ABC action between the 100 lux and 12 lux ambient light conditions.

X,X

%

11

Display peak white luminance at each of the following ambient light intensities measured at the ABC sensor of the electronic display, 100 lux, 60 lux, 35 lux, 12 lux.

x

cd/m²

Measured on mode power at 100 lux ambient light at the ABC sensor

X,X

W

Measured on mode power at 12 lux ambient light at the ABC sensor

X,X

W

The measured screen luminance at 60 lux ambient light at the ABC sensor

X

cd/m²

The measured screen luminance at 35 lux ambient at the ABC sensor

X

cd/m²

The measured screen luminance at 12 lux ambient light at the ABC sensor

X

cd/m²

(6)Additional information requirements:

(a)input terminal for the audio and video test signals used for testing;

(b)information and documentation on the instrumentation, set-up and circuits used for electrical testing;

(c)any other testing condition not described or determined in point (b);

(d)for on mode:

(i)the characteristics of the dynamic broadcast-content video signal representing typical broadcast TV content; for the HDR dynamic broadcast content video signal the electronic display must be automatically switched to HDR mode by the HDR metadata of that signal;

(ii)the sequence of steps for achieving a stable condition with respect to power demand level; and

(iii)the picture settings used for the brightest peak white luminance measurement and the test pattern for the video signal used for the measurement.

(e)For standby and off mode:

(i)the measurement method used;

(ii)description of how the mode was selected or programmed including any enhanced reactivation functions; and

(iii)sequence of events to reach the condition where the electronic display automatically changes mode.

(f)For electronic displays with a designated computer signal interface:

(i)confirmation that the electronic display prioritises the computer display power management protocols set out in point 6.2.3 of Annex II of Commission Regulation (EU) No 617/2013 4 . Any deviation from the protocols should be reported;

(g)For the networked electronic displays only:

(i)number and type of network interfaces and, except for wireless network interfaces, their position in the electronic display;

(ii)whether the electronic display qualifies as electronic display with HiNA functionality; if no information is provided the electronic display is considered not to be HiNA display or display with HiNA functionality; and

(iii)information whether networked electronic display provides functionality allowing the power management function and/or the end-user to switch the electronic display being in a condition providing networked standby into standby mode, or off mode or another condition which does not exceed the applicable power demand requirements for off mode and/or standby mode including enhanced reactivation function power allowance where applicable.

(h)For each type of network port:

(i)the default time (mm:ss) after which the power management function, switches the display into a condition providing networked standby; and

(ii)the trigger to be used to reactivate the electronic display.

(7)where the information included in the technical documentation file for a particular electronic display model has been obtained:

(a)from a model that has the same technical characteristics relevant for the technical information to be provided but is produced by a different manufacturer or

(b)by calculation on the basis of design or by extrapolation from another model of the same or of a different supplier, or both;

the technical documentation shall include, as appropriate, the details of such calculation, the assessment undertaken by suppliers to verify the accuracy of the calculation and, where appropriate, the declaration of identity between the models of different suppliers; and

(8)the contact details of the person empowered to bind the supplier, if not included in the technical information uploaded into the database, shall be made available, on request, to market surveillance authorities or to the Commission for carrying out their tasks under this Regulation.

ANNEX VII
Information to be provided in visual advertisements, in technical promotional material in distance selling and in telemarketing, except distance selling on the Internet

1.In visual advertisements, for the purposes of ensuring conformity with the requirements laid down in point 1(e) of Article 3 and point (d) of Article 4, the energy efficiency class and the range of efficiency classes available on the label shall be shown as set out in point 4 of this Annex.

2.In technical promotional material, for the purposes of ensuring conformity with the requirements laid down in point 1(f) of Article 3 and point (e) Article 4 the energy class and the range of efficiency classes available on the label shall be shown as set out in point 4 of this Annex.

3.Any paper-based distance selling must show the energy class and the range of efficiency classes available on the label as set out in point 4 of this Annex.

4.The energy efficiency class and the range of energy efficiency classes shall be shown, as indicated in Figure 1, with:

(a)an arrow, containing the letter of the energy efficiency class in 100 % white, Calibri Bold and in a font size at least equivalent to that of the price, when the price is shown;

(b)the colour of the arrow matching the colour of the energy efficiency class;

(c)the range of available energy efficiency classes in 100 % black; and,

(d)the size shall be such that the arrow is clearly visible and legible. The letter in the energy efficiency class arrow shall be positioned in the centre of the rectangular part of the arrow, with a border of 0,5 pt in 100 % black placed around the arrow and the letter of the energy efficiency class.

By way of derogation, if the visual advertisement, technical promotional material or paper-based distance selling is printed in monochrome, the arrow can be in monochrome in that visual advertisement, technical promotional material or paper-based distance selling.

Figure 1: Coloured/monochrome left/right arrow, with range of energy efficiency classes indicated

5.Telemarketing-based distance selling must specifically inform the customer of the energy efficiency class of the product and of the range of energy efficiency classes available on the label, and that the customer can access the label and the product information sheet through the product database website, or by requesting a printed copy.

6.For all the situations mentioned in points 1 to 3 and 5, it must be possible for the customer to obtain, on request, a printed copy of the label and the product information sheet.

ANNEX VIII
Information to be provided in the case of distance selling through the Internet

1.The appropriate label made available by suppliers in accordance with point 1(g) of Article 3 shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 2(a) of Annex III. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If a nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.

2.The image used for accessing the label in the case of nested display, as indicated in Figure 2, shall:

(a)be an arrow in the colour corresponding to the energy efficiency class of the product on the label;

(b)indicate the energy efficiency class of the product on the arrow in 100 % white, Calibri Bold and in a font size equivalent to that of the price;

(c)have the range of available energy efficiency classes in 100 % black; and,

(d)have one of the following two formats, and its size shall be such that the arrow is clearly visible and legible. The letter in the energy efficiency class arrow shall be positioned in the centre of the rectangular part of the arrow, with a visible border in 100 % black placed around the arrow and the letter of the energy efficiency class:

Figure 2: Coloured left/right arrow, with range of energy efficiency classes indicated

3.In the case of nested display, the sequence of display of the label shall be as follows:

(a)the image referred to in point 2 of this Annex shall be shown on the display mechanism in proximity to the price of the product;

(b)the image shall link to the label set out in Annex III;

(c)the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;

(d)the label shall be displayed by pop up, new tab, new page or inset screen display;

(e)for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;

(f)the label shall cease to be displayed by means of a close option or other standard closing mechanism; and

(g)the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price.

4.The appropriate product information sheet made available by suppliers in accordance with point 1(h) of Article 3 shall be shown on the display mechanism in proximity to the price of the product. The size shall be such that the product information sheet is clearly visible and legible. The product information sheet may be displayed using a nested display or by referring to the product database in which case the link used for accessing the product information sheet shall clearly and legibly indicate ‘Product information sheet’. If a nested display is used, the product information sheet shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.

ANNEX IX
Verification procedure for market surveillance purposes 

The verification tolerances set out in this Annex relate only to the verification of the measured parameters by Member State authorities and shall not be used by the supplier as an allowed tolerance to establish the values in the technical documentation. The values and classes on the label or in the product information sheet shall not be more favourable for the supplier than the values reported in the technical documentation.

Where a model has been designed to be able to detect it is being tested (e.g. by recognizing the test conditions or test cycle) and to react specifically by automatically altering its performance during the test with the objective of reaching a more favourable level for any of the parameters specified in this Regulation or included in the technical documentation or included in any of the documentation provided, the model and all equivalent models shall be considered not compliant.

When verifying the compliance of a product model with the requirements laid down in this Regulation, the authorities of the Member States shall apply the following procedure:

(1)The Member State authorities shall verify one single unit of the model.

(2)The model shall be considered to comply with the applicable requirements if:

(a)the values given in the technical documentation pursuant to point 3 of Article 3 of Regulation (EU) 2017/1369 (declared values) and, where applicable, the values used to calculate these values are not more favourable for the supplier than the corresponding values given in the test reports;

(b)the values published on the label and in the product information sheet are not more favourable for the supplier than the declared values and the indicated energy efficiency class is not more favourable for the supplier than the class determined by the declared values; and

(c)when the Member State authorities test the unit of the model, the determined values (the values of the relevant parameters as measured in testing and the values calculated from these measurements) comply with the respective verification tolerances as given in Table 6.

(3)If the results referred to in points 2(a) or (b) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

(4)If the result referred to in point 2(c) is not achieved, the Member State authorities shall select three additional units of the same model for testing. As an alternative, the three additional units selected may be one or more equivalent models.

(5)The model shall be considered to comply with the applicable requirements if for these three units, the arithmetical mean of the determined values complies with the respective tolerances given in Table 6.

(6)If the result referred to in point 5 is not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

(7)The Member State authorities shall provide all relevant information to the authorities of the other Member States and to the Commission without delay after a decision being taken on the non-compliance of the model according to points 3 and 6.

The Member State authorities shall use the measurement and calculation methods set out in Annex IV.

The Member State authorities shall only apply the verification tolerances that are set out in Table 6 and shall only use the procedure described in points 1 to 7 for the requirements referred to in this Annex. No other tolerances, such as those set out in harmonised standards or in any other measurement method shall be applied.

Table 6: Verification Tolerances

Parameter

Verification tolerances

On mode power demand (Pmeasured, Watts)

The determined value* shall not exceed the declared value by more than 7 %.

Off mode, standby, and networked standby mode power demand in Watts, as applicable.

The determined value* shall not exceed the declared value by more than 0,10 Watt if the declared value is 1,00 Watt or less, or by more than 10 % if the declared value is more than 1,00 Watt.

Visible screen diagonal in centimetres (and inches if declared)

The determined value* shall not be lower than the declared value by more than 1 cm or 0,4 inches.

Visible screen area in dm2

The determined value* shall not be lower than the declared value by more than 0,1 dm2.

The screen resolution in horizontal and vertical pixels

The determined value* shall not deviate from the declared value.

* In the case of three additional units tested as prescribed in point 4, the determined value means the arithmetic mean of the values determined for these three additional units.

(1)    Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility. OJ L 96, 29.3.2014, p. 79.
(2)    Commission Regulation (EU) 2019/XXX [OP please enter the full OJ-L reference to the Regulation C(2019)2126]).
(3)    Commission Regulation (EU) 2019/XXX [OP please enter the full OJ-L reference of Regulation C(2019)2122].
(4)    Commission Regulation (EU) No 617/2013 of 26 June 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for computers and computer servers (OJ L 175, 27.6.2013, p. 13).
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