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Decision of 25 February 2012 concerning rules on the labelling of energy consumption of energy-related products (Energy-related products labelling decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs, Agriculture and Innovation of 3 November 2011, no. WJZ/11157574;
Having regard to Directive No 2010/30 /EU of the European Parliament and of the Council of 19 May 2010 on the indication of the energy consumption and consumption of other resources on the labelling and standard product information of energy-related products (PbEU 2010, L153), The Articles 13 and 33 of the Act implementing EU directives energy efficiency , the Articles 8 and 13 of the Warenwet and Article 8 of the Noise Act ;
The Department for the Advisory Board of the State heard (Opinion of 3 February 2012, No W15.11.0474/IV);
Having regard to the further report of our Minister of Economic Affairs, Agriculture and Innovation of 21 February 2012, No WJZ/12015057;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
- designated product: an energy-related product belonging to a category designated by a delegated act or a ministerial arrangement;
- Additional information: any other information about the performance and characteristics of an energy-related product related to the energy consumption of the product or consumption of other significant resources or which is useful to evaluate and which is based on on measurable data;
- other important resources: water, chemicals and anything that uses an energy-related product in normal use;
- fiche: a standard table of information relating to an energy-related product;
- delegated act: a regulation of the European Commission adopted in implementation of Article 10 (1) of the Directive;
- Trader: the person who sells, leases, offers for hire purchase or runs for him in the areas where the Agreement on the European Economic Area applies to an end-user;
- placing on the market: an energy-related product for the first time on the market of a Member State of the European Union or of another State which is a party to the Agreement on the European Economic Area, for consideration or free of charge, with a view to the distribution or use thereof within those areas, regardless of the selling technique;
- vendor: a manufacturer of an energy-related product, its official representative in the fields covered by the Agreement on the European Economic Area or, in the absence of such a product, the person in which an energy-related product is to be found in which places on the market or is first to be put into service in accordance with the intended use;
- Advertising: any communication on the marketing, advertising and promotion of sales, rental or hire purchase of a specific energy-related product model;
- Directive: Directive No 2010/30 /EU of the European Parliament and of the Council of 19 May 2010 on the indication of the energy consumption and consumption of other resources on the labelling and standard product information of energy-related products (PbEU 2010, L153);
- Implementing Directive: an implementation of Article 9 of Directive No 92 /75/EEC of the Council of the European Communities of 22 September 1992 relating to the indication of the use and consumption of other resources on the labelling and standard product information of household appliances (PbEG) 1992, L297);
- Law: The Law implementing EU directives energy efficiency .
This Decision shall not apply to:
a. A second-hand product;
b. A means of transport of persons or goods;
c. The plate on which the power is stated or the equivalent thereof being applied to an energy-related product for the purposes of safety.
1 A supplier of a designated product shall ensure that the traders in that product have the necessary labels and chips.
2 A supplier shall ensure the accuracy of the labels and fiches provided by him.
3 A supplier shall make available the label free of charge.
4 A supplier shall make the fiche in the language eligible for it.
5 A supplier shall enter the fiche in all brochures on a designated product. If no brochure is provided by the supplier, he shall attach the fiche to other written information provided on that product.
1 A supplier of a designated product shall make technical documentation together in the language eligible for it.
2 A supplier shall keep the technical documentation available for inspection purposes as of the date on which the relevant model of that product is placed on the market until five years after the last copy of that model is Made.
3 At the request of our Minister or the European Commission, a supplier shall make available an electronic version of the technical documentation within 10 working days of receipt of that request.
A trader shall make available to the end-user in a brochure or other written information relating to a designated product, a fiche set out in the Dutch language.
Where a trader issues a designated product, a label shall be placed on a place designated by a delegated act or in a ministerial arrangement.
A trader or supplier of an energy-related product shall be prohibited from making a label, marking, symbol or inscription with respect to the energy consumption or consumption of other major resources of that product that may be be confused with a label as referred to in this Decision or with the marks, symbols or inscriptions on that label.
1 The person advertising that energy-related information or information about the price of a designated product shall indicate the energy efficiency class of that product.
2 The person who makes advertisements describing the technical parameters of an energy-related product shall indicate the energy efficiency class or information on the energy consumption of that product.
1 The person offered for sale, hire or hire purchase by ministerial arrangement in a way that means that the potential end user is unlikely to see the product displayed, indicate the relevant information that is available on the product concerned. label and fiche for this product shall be indicated.
2 The information referred to in paragraph 1 shall be given in the language eligible for that purpose.
A supplier or a trader, as well as the labels, fiches or technical documentation used by him, shall comply with the rules laid down by delegated act.
1 A under Article 31, first paragraph, of the Act the designated official may determine whether a designated product complies with the rules laid down by a delegated act or by this Decision or in accordance with this Decision.
2 Where it is found that a designated product does not comply with the rules laid down by delegated act or by this Decision, an official referred to in the first paragraph shall determine that:
a. The person concerned shall be given the opportunity to provide counter-proof;
b. the designated product must not be delivered before the product complies with the rules laid down in or pursuant to this Decision;
(c) the designated product must not be placed on the market, withdrawn from the market, or not used.
1 By ministerial arrangement, an energy-related product may be classified as belonging to a designated category.
2 Under ministerial arrangements, rules may be laid down on:
a. The particulars to be included on the label and the format, dimensions and colour of the label;
b. the data on the fiche and the layout of the fiche;
c. the technical documentation;
d. the relevant data as referred to in Article 9, first paragraph .
The data referred to in Article 12, second paragraph, part a and b , shall be measured in accordance with the harmonized standards, as converted into the Netherlands and the reference numbers of which have been published in the Official Journal or in accordance with the harmonized standards as they have been published in another Member State of the the European Union or any other State Party to the Agreement on the European Economic Area have been transposed and the reference numbers of which have been published in that State.
1 An amendment to an implementing directive or an annex to that Directive shall apply to the application of this Decision or the provisions based thereon as from the day on which the amendment in question must be implemented, unless, by ministerial decree, published in the Official Gazette, it is set at a different time.
2 Our Minister makes a communication of a change as referred to in the first paragraph of the Official Journal.
1 The Framework Decision on labelling of energy using household appliances shall be withdrawn and the following arrangements:
2 Following the entry into force of this Decision, the following arrangements shall be based on: Article 12 of this Decision:
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is cited as: Decision labelling energy-related energy-related products.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 25 February 2012
Beatrix
The Minister for Economic Affairs, Agriculture and Innovation,
M. J. M. Verhagen
Published the sixteenth March 2012The Minister for Security and Justice,
I. W. Opstelten
