The Royal Legislative Decree 1/2007, of 16 November, approving the recast of the General Law for the Defense of Consumers and Users and other complementary laws, establishes among others the basic right consumers and users to the correct information about the different products placed at their disposal on the market, in order to facilitate the necessary knowledge about their proper use, consumption and enjoyment.

In Spanish legislation there are several provisions which develop this right to information, inter alia, Royal Decree 1468/1988 of 2 December, which adopted the Regulation on labelling, presentation and advertising of industrial products intended for direct sale to consumers and users. This rule lays down, as a general rule, the minimum requirements to be included in the labelling, presentation and advertising of these products, in order to enable the final consumer to have sufficient knowledge of its essential characteristics. for correct use.

In a more specific and in line with the policies of the European Union, to encourage the rational use of energy to optimize natural resources and reduce environmental pollution, Royal Decree 124/1994, of 28 January, regulates the labelling and information relating to the consumption of energy and other resources in household appliances. This royal decree constitutes the Spanish regulatory framework to promote sustainability and provide the final consumer with uniform and comparable information on energy consumption in these products, enabling the choice of the devices with better energy performance.

This regulation incorporated into our internal law, Council Directive 92/75/EEC of 22 September on the indication of the consumption of energy and other resources of household appliances, by means of labelling and uniform information on the products. Years of experience have shown the effectiveness of these provisions as they have raised awareness, the consumer allowing them to modify habits and make informed decisions, to the manufacturer to position their products in the market with more quality and efficiency, and society to improve the environment and make sustainable use of resources.

Directive 92/75/EEC has been substantially amended during its period of validity and has been recast in a single text with the Community rules amending it by Directive 2010 /30/EU of the European Parliament and of the Council. Council of 19 May 2010 on the indication of energy consumption and other resources by energy-related products, by means of labelling and standardised product information. This Directive has extended its scope to all energy-related products whose use has a significant direct or indirect impact on energy consumption and has taken into account the priorities set out in the Directive. Commission Communication of 16 July 2008 on the Action Plan on Sustainable Consumption and Production and a Sustainable Industrial Policy, as well as other regulations aimed at streamlining energy consumption and reducing the impact in line with the objectives set by the European energy policy to increase in 20% energy efficiency by 2020.

This directive is the framework for establishing information and labelling on energy consumption and other resources for energy-related products. However, it is necessary to specify these aspects and to establish for each type of product, the information to be provided on the label and the information sheet on energy consumption and other essential resources when the product is used. Those requirements shall be laid down by the corresponding delegated Regulation to be adopted by the Commission on the basis of the rating provided for in Article 10 and in accordance with Articles 11, 12 and 13 of Directive 2010 /30/EU of the European Parliament and of the Council. European Commission and Council of 19 May 2010.

To date, the following Delegated Regulations have been adopted and are in effect:

Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the energy labelling of dishwashers domestic.

Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council with regard to the energy labelling of appliances domestic refrigeration.

Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the energy labelling of washing machines domestic.

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 the energy labelling of televisions.

Commission Delegated Regulation (EU) No 626/2011 of 4 May 2011 supplementing Directive 2010 /30/EU of the European Parliament and of the Council as regards the energy labelling of conditioners air.

With this royal decree, Directive 2010 /30/EU is incorporated into our legal order, offering a more coherent and simplified framework on labelling, aimed at improving the energy and environmental characteristics of the products and to enhance their use by consumers. It is also articulated as a framework standard for the delegated regulations that will be developed in the future to give it concrete effectiveness.

This royal decree also includes provisions on incentives and public procurement that will be a fundamental component of an ecologically sustainable integrated product policy, which will promote and stimulate demand. of better products, and will help consumers make more appropriate choices.

This royal decree also reinforces the principles contained in other normative instruments in force such as Royal Decree 187/2011 of 18 February, concerning the establishment of ecodesign requirements applicable to the energy-related products, which also contribute to sustainable development and environmental protection, through increased energy efficiency, reduced pollution and increased security of the environment. energy supply.

This royal decree is dictated by the exclusive competence of the State in terms of bases and general coordination of economic planning, recognized in article 149.1.13. of the Constitution.

In the process of this rule, the Consumer and Users Council and the business associations related to the sector have been granted the opportunity to present their opinion in a reasoned report.

Under the proposal of the Minister for Health, Social Policy and Equality and the Minister for Industry, Tourism and Trade, with the prior approval of the Vice-President of the Government of Territorial Policy and Minister for Political Affairs Territorial and Public Administration, in agreement with the Council of State and after deliberation by the Council of Ministers, at its meeting on 14 October 2011,

DISPONGO:

Article 1. Object and scope of application.

1. This royal decree is intended to regulate information directed to the end user, particularly by means of labelling and standardized product information, on energy consumption and, where appropriate, other essential resources. in respect of energy-related products during their use, as well as other complementary information, in such a way as to enable the choice of the most efficient end-users.

2. This royal decree shall apply to energy-related products whose use has a significant direct or indirect impact on energy consumption, and where appropriate, on other essential resources.

3. This royal decree will not apply to:

a) The second-hand products.

b) Means of transport for persons or goods.

c) The power data plate or its equivalent placed on such products for safety reasons.

Article 2. Definitions.

For the purposes of this royal decree:

(a) "Energy related product" or "product": All well the use of which has an impact on energy consumption and which is placed on the market or put into service in Spain, including parts intended for to be incorporated in energy-related products covered by this royal decree, which are placed on the market and/or put into service as individual parts for an end user, and whose environmental performance can be assessed independently.

b) "Sheet": A table of normalized information about a product.

(c) "Other essential resources": Water, chemicals or any other substance that the product consumes for normal use.

(d) "Complementary information" means any other information relating to the performance and characteristics of a product which relates to its energy consumption or other essential resources, or to be used to assess the same, based on measurable data.

e) "Direct Incident": The incidence of energy-consuming products during use.

f) "Indirect Incident": The incidence of non-energy-consuming products, but they contribute to energy conservation during use.

g) "Distributor": A retailer or any person selling, renting, entitled to purchase, or exposing products intended for end-users.

(h) "Supplier" means the manufacturer or his authorised representative in the Union or the importer who places or places the product on the Community market. In its absence, any natural or legal person who places on the market or puts in service products covered by this provision shall be considered a supplier.

(i) "Introduction to the market": First placing on the market of a product on the Community market with a view to its distribution or use within it, either by payment or free of charge and irrespective of the technical sale.

(j) "Put into service": The first use of a product for its intended purpose in the Union.

k) "Unauthorised use of the label": The use of the label, by users other than the authorities of the Member States or the EU institutions, in a manner not provided for in this Royal Decree or in the Regulations delegates.

(l) "Delegated Regulations": These are directly applicable Community rules adopted by the European Commission, on the basis of the enablement conferred by Article 10 and in accordance with Articles 11, 12 and 13 of the Directive 2010 /30/EU, in which details on the labelling and the fiche for each type of product are set out.

Article 3. Market surveillance authorities.

1. For the purposes of this royal decree are market surveillance authorities those administrative bodies of the different Public Administrations which, according to their respective competence, are responsible for carrying out activities and adopt measures, including those for coordination, with the aim of ensuring that energy-related products comply with the provisions applicable to them.

2. In the field of the competence of the General Administration of the State, the market surveillance authorities are as follows:

(a) The Ministry of Health, Social Policy and Equality, through the National Institute of Consumption.

b) The Ministry of Industry, Tourism and Trade, through the appropriate Directive Centers.

3. The autonomous communities, within the scope of their powers, will determine their market surveillance authorities and establish mechanisms for collaboration, cooperation and coordination with the municipalities in this area. Likewise, they will communicate to the National Institute of Consumption the data on the activities carried out in relation to the precept in this royal decree and the level of compliance achieved in their respective territories, in order to prepare the report the mandatory referred to in Article 11.

Article 4. Market surveillance.

1. Products falling within the scope of this royal decree may only be placed on the market or put into service in Spain if they comply with the requirements laid down in that regulation and in the implementing regulation, in which case it shall not be prohibited, restricted or impeded by placing on the market or putting into service the market.

2. The display of labels marks symbols or inscriptions which do not comply with the requirements laid down in this royal decree and in the relevant delegated Regulations, and which may mislead or create confusion in the end-users, is prohibited. in respect of energy consumption or, where appropriate, other essential resources, during their use.

3. The market surveillance authorities, through the periodic inspections to be programmed for this purpose, shall ensure that all suppliers and distributors established in Spanish territory comply with the obligations laid down in the Articles 6 and 7 of this royal decree.

4. The market surveillance authorities shall carry out educational and promotional information campaigns aimed at promoting energy efficiency and a more responsible use of energy by the end user.

5. Market surveillance authorities shall cooperate with each other and through the National Consumer Institute with the European Commission by exchanging and providing the information necessary to contribute to the uniform and effective implementation of this real decree. Administrative cooperation and the exchange of information shall take full advantage of electronic means of communication, have a good cost-effectiveness and may be supported by relevant European Union programmes.

6. The market surveillance authorities shall ensure the security and confidentiality of the processing of confidential information provided in the procedures carried out as a result of the application of this royal decree, and the protection of such information, as required.

7. Market surveillance authorities shall require suppliers, if they suspect that the information contained in the labels or tokens is incorrect, the information, documentation and evidence necessary to demonstrate the accuracy of the information. information on the labels or tokens of their products in order to verify the requirements of Article 6.7.

Article 5. Mandatory information.

1. The final user shall be informed, in accordance with the delegated Regulations for each type of product, of the information relating to the consumption of electrical energy, other forms of energy and, where appropriate, other information. essential resources during the use of the product, as well as other supplementary data, by means of a token and a label relating to products intended for sale, hire or hire with a right to purchase, either directly or indirectly to through any means of distance selling, for example, the Internet.

2. For integrated or installed products, only the information referred to in paragraph 1 of this Article shall be provided, as prescribed by the applicable delegated Regulation.

3. Any advertising on a particular model of energy-related products to which a delegated Regulation applies shall include, where energy or price-related information is provided, a reference to the efficiency class. product energy.

4. Any technical documentation of a promotional nature on energy-related products describing the specific technical parameters of a product, such as the technical manuals and brochures of the manufacturers, either in printed form or "on-line" should provide end-users with the necessary information on energy consumption or include a reference to the energy efficiency class of the product.

5. Any product covered by this royal decree or by its corresponding delegated Regulation which is placed on the market or put into service in Spain must include, at least, the data and information sent to the final user in the official Spanish language of the Status.

Article 6. Vendor responsibilities.

1. Suppliers placing on the market or putting into service products covered by a delegated Regulation shall provide a label and a token in accordance with the provisions of this royal decree and the Regulation.

2. Suppliers shall draw up a sufficient technical documentation to assess the accuracy of the information on the label and the fiche. Such documentation shall include:

a) A general description of the product.

b) The results of the design calculations performed, where applicable.

(c) The results of the tests where they exist, including those carried out by competent notified bodies, as defined in the relevant Union legislation.

d) When the data is used for similar models, the references that allow the identification of those models.

For this purpose, the supplier may be served by the documentation prepared in accordance with the requirements of the applicable Union legislation.

3. Suppliers shall have at the disposal of the competent authorities defined in Article 3, the technical documentation of the product, for inspection purposes, during the five years following the manufacture of the last product to which it is This Regulation shall apply.

In general, the technical documentation referred to must be available in the official Spanish language of the State, unless those authorities accept it in another language.

Suppliers shall provide an electronic version of the technical documentation of the product at the request of the market surveillance authorities and the European Commission within 10 working days of the date of delivery. receipt of the request made by those authorities or by the European Commission.

4. Suppliers must provide the distributors with free labels and product information.

Without prejudice to your ability to choose the shipping system for such labels, suppliers will be diligently provided by suppliers when they are requested.

5. In addition to such labels, suppliers must provide a product card.

6. Suppliers shall include the information sheet in all brochures on the product. Where the supplier does not provide a prospectus, it shall include the tokens in any other documentation that it provides with the product.

7. Suppliers shall be responsible for the accuracy of the data contained in the labels and the tokens they provide.

8. Providers shall be understood to have given their consent to the publication of the information contained in the label or the fiche.

Article 7. Distributors ' responsibilities.

1. Distributors shall, in a visible and legible manner, display the product labels in a visible and legible manner, and must include the tokens in the product brochure or in any other documentation which is attached to it for sale to users. end.

2. Whenever a product to which a delegated Regulation applies, distributors shall place on the same label an appropriate label, in the clearly visible place specified in that Regulation and at least in the Spanish language. State official.

Article 8. Distance selling and other forms of sale.

When products are put on sale, rent, or rental with right to purchase, by mail, catalog, internet, telephone or any other means that do not allow to see the product exposed to the possible end user, all the information that is specified on the label and on the product fiche must be accessible to the potential buyer before purchasing it.

The label, token or information specified therein shall be displayed or provided to the potential end user in the manner determined by the corresponding delegated Regulations.

Article 9. Public procurement and incentives.

1. Where a product is regulated by a specific delegated Regulation, contracting entities which subscribe to public works contracts, supply or services subject to harmonised regulation in accordance with Articles 14, 15 and 16 of Law 30/2007, 30 October of Public Sector Contracts not covered by Articles 12 to 18 of Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public contracts of works, of supply and of services, they shall endeavour to include, as a criterion of award, to determine the most economically advantageous tender, the environmental criteria reflected in those regulations, in order to acquire products which meet the criteria of achieving the maximum yield levels and correspond to the class of higher energy efficiency.

2. Incentive policies affecting a product regulated by a delegated Regulation shall seek to achieve the maximum levels of performance, including the highest energy efficiency class provided for in that Regulation.

3. Incentive policies aimed at both end users using highly efficient products and sectors that promote or manufacture them, should take into account the levels of performance according to classes, according to what is define in the applicable delegated Regulation, unless it imposes performance levels above the threshold of the highest energy efficiency class provided for in that Regulation.

4. Tax and tax measures do not constitute incentives for the purposes of this royal decree.

Article 10. Procedure for the adoption of measures.

1. Where market surveillance authorities check in the performance of their duties that a product does not comply with the requirements set out in this royal decree and the delegated Regulation applicable in relation to the label and the token, take the necessary measures and shall make the necessary requirements to the supplier in order for the product to comply with the prescribed requirements and under the conditions laid down. The measures to be taken should be effective and maintain the principle of proportionality in relation to the detected non-compliance.

2. Where there is sufficient evidence that a product may fail to comply with the provisions concerning it, the market surveillance authorities shall take the necessary preventive measures and measures to ensure compliance within a period of time. maximum of 15 days, taking into account the injury caused.

In the event of a failure to comply, the competent market surveillance authority shall adopt a decision limiting or prohibiting the placing on the market or putting into service of the product, or withdraw from the market. market, thus informing the National Institute of Consumption. It shall inform the European Commission and the other Member States, indicating the reasons for the decision.

3. The administrative measures taken by the market surveillance authorities in the exercise of their powers to comply with this royal decree shall be in accordance with the procedure laid down in Law 30/1992 of 26 November 1992. Legal of Public Administrations and Common Administrative Procedure.

Article 11. Reporting.

Every four years the autonomous communities and other authorities involved in the implementation of this royal decree will present to the National Institute of Consumption, a report in which the activities developed will be discussed in detail. as well as the level of compliance achieved in their respective territories.

The National Consumer Institute will send a report with the information received to the European Commission.

Article 12. Sanctioning regime.

1. In the event of non-compliance with the provisions of this royal decree, the regime of violations and penalties provided for in the recast text of the General Law for the Defense of Consumers and Users and other complementary laws will apply. adopted by Royal Decree-Law 1/2007 of 16 November and in Royal Decree 1945/1983 of 22 June 1983 regulating infringements and penalties in the field of consumer protection and agri-food production, as well as in the autonomic regulations that are applicable.

2. The infringements will be classified as minor, serious and very serious. For the purposes of this royal decree, they will be:

a) Mild infractions:

1. The formal defects of the labelling and the standardised information of the products falling within the scope of this royal decree, provided that they have no influence on the final information to the prospective buyer or user.

2. Place the label instead of the intended label, provided it is visible to the person concerned.

3. º Do not have the documentation in the language required by the market control authorities.

4. º Do not have the technical documentation of the product in electronic version.

b) Serious infractions:

1. Do not save the technical documentation for the five preceptives.

2. Do not supply distributors with the label, tab and product information free of charge.

3. º Do not supply the label and token in time.

4. º Do not include the tabs in the brochures or any documentation about the product.

5. Do not record the information in the official Spanish language of the State.

c) Very severe infractions:

1. Provide labels or tokens with false information.

2. º Display labels or tokens with false information.

3. Submit false documentation or not present the documentation if required by the authorities.

4. º Do not display the product labels or corresponding information when the sale is at a distance or any other means that do not allow to see the product exposed to the possible end user.

3. The offences identified shall be sanctioned in respect of type and amount in accordance with Articles 51 and 52 of the said Royal Legislative Decree 1/2007 of 16 November.

4. The competent authorities to agree and impose the appropriate penalties shall be those established in accordance with the provisions of Article 3 of this royal decree.

Single repeal provision. Regulatory repeal.

There are no provisions of equal or lower rank to be opposed to this royal decree, and in particular the Royal Decree 124/1994 of 28 January, which regulates the labelling and the information concerning the consumption of energy and other resources of household appliances.

The references made in the Spanish legal order to the royal decree repealed, will be construed as references to this royal decree.

Final disposition first. Competence title.

This royal decree is dictated by the exclusive competence of the State in terms of bases and general coordination of economic planning, recognized by article 149.1.13. of the Spanish Constitution.

Final disposition second. Incorporation of European Union law.

By this royal decree, Directive 2010 /30/EC of the European Parliament and of the Council of 19 May 2010 on the indication of energy consumption and other resources by products is incorporated into Spanish law. energy-related, by means of labelling and standardised information.

Final disposition third. Enabling regulatory development.

The Minister for Health, Social Policy and Equality and the Minister for Industry, Tourism and Trade are empowered to lay down, in the field of their powers, the provisions necessary for the implementation and development of the willing in this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 14, 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED