Commission Decision (EU) 2023/705 of 29 March 2023 amending Decisions (EU) 2017/175 and (EU) 2018/680 as regards the energy efficiency requirements for EU Ecolabel tourist accommodation and EU Ecolabel indoor cleaning services for certain energy-related products (notified under document C(2023) 2067) (Text with EEA relevance)

• CELEX: Decision (EU) 2023/705
• Articles: 5

Article 1

The Annex to Decision (EU) 2017/175 is amended in accordance with Annex I to this Decision.

Article 2

The Annex to Decision (EU) 2018/680 is amended in accordance with Annex II to this Decision.

Article 3

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX I

ANNEX I

The Annex to Decision (EU) 2017/175 is amended as follows:

(1)

criterion 8 is replaced by the following:

‘

Criterion 8 — Energy efficient lighting

(a)

At the date of the EU Ecolabel licence award:

(i)

at least 40 % of all light sources in the tourist accommodation shall have at least Class A as determined in accordance with Annex VI to Commission Delegated Regulation (EU) No 874/2012  ( *1 ) , as applicable on 31 August 2021, or shall have at least Class D as determined in accordance with Annex II to Commission Delegated Regulation (EU) 2019/2015  ( *2 ) .

(ii)

at least 50 % of light sources that are situated where the lamps are likely to be turned on for more than five hours a day shall have at least Class A as determined in accordance with Annex VI to Delegated Regulation (EU) No 874/2012, as applicable on 31 August 2021, or shall have at least Class D as determined in accordance with Annex II to Delegated Regulation (EU) 2019/2015.

(b)

In maximum of 2 years from the date of the EU Ecolabel licence award:

(i)

at least 80 % of all light sources in the tourist accommodation shall have at least Class A as determined in accordance with Annex VI to Delegated Regulation (EU) No 874/2012, as applicable on 31 August 2021, or shall have at least Class D as determined in accordance with Annex II to Delegated Regulation (EU) 2019/2015;

(ii)

100 % of light sources that are situated where the lamps are likely to be turned on for more than five hours a day shall have at least Class A as determined in accordance with Annex VI to Delegated Regulation (EU) No 874/2012, as applicable on 31 August 2021, or shall have at least Class D as determined in accordance with Annex II to Delegated Regulation (EU) 2019/2015.

Note: Percentages are set in reference to the total amount of light fittings suitable to use energy-saving lighting. The targets above do not apply to light fittings whose physical characteristics do not allow use of energy-saving lighting.

Assessment and verification

The applicant shall provide to the competent body written reports indicating the total amount of lamps and luminaires suitable to use energy-saving lighting, operating hours and amount of energy-saving lamps and luminaires with energy efficient light lamps and luminaires of at least Class A as determined in accordance with Annex VI to Delegated Regulation (EU) No 874/2012, as applicable on 31 August 2021, or light sources with at least energy efficiency Class D as determined in accordance with Annex II to Delegated Regulation (EU) 2019/2015. The reports shall also include the explanation on the impossibility to substitute lamps and luminaires where physical characteristics do not allow use of energy-saving lamps and luminaires. Two reports shall be provided, a first one at the application date and a second one within a maximum of 2 years from the date of the award respectively.

The physical characteristics which may prevent the use of energy–saving light bulbs may include: decorative lighting requiring specialised lamps and luminaires; dimmable lighting; situations where energy-saving lighting may not be available. Where this is the case, evidence shall be provided to show why energy-saving lamps and luminaires cannot be used. This may include, for example, photographic evidence of the type of lighting installed.

( *1 )   Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires ( OJ L 258, 26.9.2012, p. 1 )."

( *2 )   Commission Delegated Regulation (EU) 2019/2015 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of light sources and repealing Commission Delegated Regulation (EU) No 874/2012 ( OJ L 315, 5.12.2019, p. 68 ).’

"

(2)

criterion 31 is replaced by the following:

‘

Criterion 31. Energy efficient household appliances and lighting (up to 4 points)

Tourist accommodation shall have energy efficient appliances for the following categories (0,5 point or 1 point each of the following categories, to a maximum of 4 points):

(a)

household refrigerating appliances, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall be of EU Energy Label rated Class A++ or better as laid down in Annex IX to Commission Delegated Regulation (EU) No 1060/2010  ( *3 ) , as applicable on 28 February 2021, or shall be of at least energy efficiency Class D as determined in accordance with Annex II to Commission Delegated Regulation (EU) 2019/2016  ( *4 ) ;

(b)

household electric ovens, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall be of EU Energy Label rated Class A++ or better as laid down in Annex I to Commission Delegated Regulation (EU) No 65/2014  ( *5 ) ;

(c)

household dishwashers, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall be of EU Energy Label rated Class A++ or better as laid down in Annex VI to Commission Delegated Regulation (EU) No 1059/2010  ( *6 ) , as applicable on 28 February 2021, or shall be of at least energy efficiency Class C as determined in accordance with Annex II to Commission Delegated Regulation (EU) 2019/2017  ( *7 ) ;

(d)

household washing machines, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall be of EU Energy Label rated Class A++ or better as laid down in Annex VI to Commission Delegated Regulation (EU) No 1061/2010  ( *8 ) , as applicable on 28 February 2021, or shall be of at least energy efficiency Class A as determined in accordance with Annex II to Commission Delegated Regulation (EU) 2019/2014  ( *9 ) ;

(e)

office equipment, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) complies with the following:

i.

office equipment purchased before 20 February 2018, is qualified as follows, under the agreements set out in Commission Decisions (EU) 2015/1402  ( *10 ) and 2014/202/EU  ( *11 ) :

—

is compliant with Energy Star v6.1 for computers;

—

is compliant with Energy Star v6.0 for displays;

—

is compliant with Energy Star v2.0 for imaging equipment;

—

is compliant with Energy Star v1.0 for uninterruptible power supplies;

—

is compliant with Energy Star v2.0 for enterprise servers;

ii.

office equipment purchased after 20 February 2018, is qualified as follows:

—

is compliant with EN ISO 14024  ( *12 ) type I ecolabel, for office equipment other than electronic displays,

—

is falling at least under energy efficiency Class E in accordance with Commission Delegated Regulation (EU) 2019/2013  ( *13 ) , for electronic displays;

(f)

household tumble driers, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall be of EU Energy Label rated Class A++ or better as laid down in Annex VI to Commission Delegated Regulation (EU) No 392/2012  ( *14 ) ;

(g)

household vacuum cleaners, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall have an annual energy consumption (AE) as laid down in Annex II, point 3 of the Commission Regulation (EU) No 666/2013  ( *15 ) below 28 kWh/year;

(h)

electrical lamps and luminaires, of which at least 50 % (0,5 point) or 90 % (1 point) (rounded to the next integer) shall be at least of Class A++ as laid down in Annex VI to Commission Delegated Regulation (EU) No 874/2012, as applicable on 31 August 2021, or shall be at least of Class C as determined in accordance with Commission Delegated Regulation (EU) 2019/2015.

Note: The criterion does not apply to appliances and lighting not covered by the Regulations mentioned for each category (e.g. industrial appliances).

Assessment and verification

The applicant shall provide documentation indicating the energy class (Energy Star certificate for category (e)) of all appliances for the applicable category purchased before 20 February 2018.

The applicant shall provide a copy of the EN ISO 14024 type I ecolabel certificate of all relevant appliances or documentation demonstrating compliance with the energy class requirements, (such as an invoices, technical fiches and manufacturer declarations), of all appliances for the applicable category purchased after 20 February 2018.

( *3 )   Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances ( OJ L 314, 30.11.2010, p. 17 )."

( *4 )   Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010 ( OJ L 315, 5.12.2019, p. 102 )."

( *5 )   Commission Delegated Regulation (EU) No 65/2014 of 1 October 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of domestic ovens and range hoods ( OJ L 29, 31.1.2014, p.1 )."

( *6 )   Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers ( OJ L 314, 30.11.2010, p. 1 )."

( *7 )   Commission Delegated Regulation (EU) 2019/2017 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household dishwashers and repealing Commission Delegated Regulation (EU) No 1059/2010 ( OJ L 315, 5.12.2019, p. 134 )."

( *8 )   Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines ( OJ L 314, 30.11.2010, p. 47 )."

( *9 )   Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household washing machines and household washer-dryers and repealing Commission Delegated Regulation (EU) No 1061/2010 and Commission Directive 96/60/EC ( OJ L 315, 5.12.2019, p. 29 )."

( *10 )   Commission Decision (EU) 2015/1402 of 15 July 2015 determining the European Union position with regard to a decision of the management entities under the Agreement between the Government of the United States of America and the European Union on the coordination of energy-efficiency labelling programmes for office equipment on the revision of specifications for computers included in Annex C to the Agreement ( OJ L 217, 18.8.2015, p. 9 )."

( *11 )   Commission Decision 2014/202/EU of 20 March 2014 determining the European Union position for a decision of the Management entities under the Agreement between the Government of the United States of America and the European Union on the coordination of energy-efficiency labelling programmes for office equipment on adding specifications for computer servers and uninterruptible power supplies to Annex C to the Agreement and on the revision of specifications for displays and imaging equipment included in Annex C to the Agreement ( OJ L 114, 16.4.2014, p. 68 )."

( *12 )   EN ISO 14024. Environmental labels and declarations – Type I environmental labelling - Principles and procedures. Second edition 2018-02."

( *13 )   Commission Delegated Regulation (EU) 2019/2013 of 11 March 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 ( OJ L 315, 5.12.2019, p.1 )."

( *14 )   Commission Delegated Regulation (EU) No 392/2012 of 1 March 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household tumble driers ( OJ L 123, 9.5.2012, p. 1 )."

( *15 )   Commission Regulation (EU) No 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners ( OJ L 192, 13.7.2013, p. 24 ).’

"

( *1 )   Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires ( OJ L 258, 26.9.2012, p. 1 ).

( *2 )   Commission Delegated Regulation (EU) 2019/2015 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of light sources and repealing Commission Delegated Regulation (EU) No 874/2012 ( OJ L 315, 5.12.2019, p. 68 ).’

( *3 )   Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances ( OJ L 314, 30.11.2010, p. 17 ).

( *4 )   Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010 ( OJ L 315, 5.12.2019, p. 102 ).

( *5 )   Commission Delegated Regulation (EU) No 65/2014 of 1 October 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of domestic ovens and range hoods ( OJ L 29, 31.1.2014, p.1 ).

( *6 )   Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers ( OJ L 314, 30.11.2010, p. 1 ).

( *7 )   Commission Delegated Regulation (EU) 2019/2017 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household dishwashers and repealing Commission Delegated Regulation (EU) No 1059/2010 ( OJ L 315, 5.12.2019, p. 134 ).

( *8 )   Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines ( OJ L 314, 30.11.2010, p. 47 ).

( *9 )   Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household washing machines and household washer-dryers and repealing Commission Delegated Regulation (EU) No 1061/2010 and Commission Directive 96/60/EC ( OJ L 315, 5.12.2019, p. 29 ).

( *10 )   Commission Decision (EU) 2015/1402 of 15 July 2015 determining the European Union position with regard to a decision of the management entities under the Agreement between the Government of the United States of America and the European Union on the coordination of energy-efficiency labelling programmes for office equipment on the revision of specifications for computers included in Annex C to the Agreement ( OJ L 217, 18.8.2015, p. 9 ).

( *11 )   Commission Decision 2014/202/EU of 20 March 2014 determining the European Union position for a decision of the Management entities under the Agreement between the Government of the United States of America and the European Union on the coordination of energy-efficiency labelling programmes for office equipment on adding specifications for computer servers and uninterruptible power supplies to Annex C to the Agreement and on the revision of specifications for displays and imaging equipment included in Annex C to the Agreement ( OJ L 114, 16.4.2014, p. 68 ).

( *12 )   EN ISO 14024. Environmental labels and declarations – Type I environmental labelling - Principles and procedures. Second edition 2018-02.

( *13 )   Commission Delegated Regulation (EU) 2019/2013 of 11 March 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 ( OJ L 315, 5.12.2019, p.1 ).

( *14 )   Commission Delegated Regulation (EU) No 392/2012 of 1 March 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household tumble driers ( OJ L 123, 9.5.2012, p. 1 ).

( *15 )   Commission Regulation (EU) No 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners ( OJ L 192, 13.7.2013, p. 24 ).’

’

ANNEX II

ANNEX II

The Annex to Decision (EU) 2018/680 is amended as follows:

(1)

criterion O5 is replaced by the following:

‘

Criterion O5 —Energy efficiency for vacuum cleaners (3 points)

Only vacuum cleaners covered by the scope of Commission Regulation (EU) No 666/2013  ( * ) are covered by this criterion. Exempted from the scope of that Regulation are wet, wet and dry, robots, industrial, central and battery operated vacuum cleaners and floor polishers and outdoor vacuum cleaners.

At least 40 % of the vacuum cleaners (rounded up to the next integer) owned or leased by the applicant and used in the provision of the EU Ecolabel indoor cleaning services shall have an annual energy consumption (AE) as laid down in Annex II, point 3 of Regulation (EU) No 666/2013:

—

below 28 kWh/year for vacuum cleaners bought before 1 September 2017,

—

below 22 kWh/year for vacuum cleaners bought after 1 September 2017.

Assessment and verification

The applicant shall provide documentation demonstrating compliance with the annual energy consumption requirements (such as a manufacturer declaration), along with a full list of vacuum cleaners used in the provision of EU Ecolabel services.’

(2)

criterion O10 is amended as follows:

(a)

the second paragraph is replaced by the following:

‘Sub-criterion O10 (a) is only applicable if household washing machines are used that are covered by Commission Delegated Regulation (EU) No 1061/2010  ( ** ) , as well as Commission Regulation (EU) No 1015/2010  ( *** ) , as applicable on 28 February 2021, or by Commission Delegated Regulation (EU) 2019/2014  ( **** )

’

(b)

under the title ‘O10 (a): Energy label (up to 2 points)’, the following is added:

‘Or the applicant shall earn points based on the percentage of the household washing machines (rounded up to the next integer) complying with EU Energy Label rated class B or A for energy efficiency under Delegated Regulation (EU) 2019/2014 as follows:

—

At least 50% of class B or better machines: 1 point

—

At least 90% of class B or better machines: 2 points

—

At least 50% of class A machines: 2 points’

(c)

under the title ‘Assessment and verification’, the second paragraph is replaced by the following:

‘Product fiches in accordance with Annex II to Delegated Regulation (EU) No 1061/2010  ( ** ) , as applicable on 28 February 2021, or Annex III to Delegated Regulation (EU) 2019/2014  ( **** ) may be used as proof of compliance with this requirement.’

( * )   Commission Regulation (EU) No 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners ( OJ L 192, 13.7.2013, p. 24 ).

( ** )   Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines ( OJ L 314, 30.11.2010, p. 47 ).

( *** )   Commission Regulation (EU) No 1015/2010 of 10 November 2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household washing machines ( OJ L 293, 11.11.2010, p. 21 ).

( **** )   Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household washing machines and household washer-dryers and repealing Commission Delegated Regulation (EU) No 1061/2010 and Commission Directive 96/60/EC ( OJ L 315, 5.12.2019, p. 29 ).