Draft Regulation on the Implementation of the Energy Labeling Database Circulated

One of the requirements of the 2017 Energy Labeling Framework Regulation is that the European Commission will “establish and maintain a product database consisting of a public part, a compliance part and an online portal giving access to those two parts”. Suppliers whose products are subject to energy labeling will be expected to populate the database with relevant information, with the first obligation in this regard taking effect from 1 January next year (applicable to units of relevant product models placed on the EU market for the first time). A second obligation follows from 30 June 2019 onwards (applicable to units of models placed on the EU market between 1 August 2017 and 1 January 2019). At the time of writing, the Commission database – formally called the European Product Registry for Energy Labeling (EPREL) – had yet to go live, although a working model is being tested online and it appears that interested stakeholders can participate in this testing if they wish to. The Belgian trade association AGORIA provides a helpful commentary on the situation, with links to where to register as a test participant. This commentary can be read here. In the meantime, this month has seen the European Commission circulate a draft Implementing Regulation pertaining to the EPREL for discussion in Consultation Forum meetings. At six pages the draft may be short but is not without detail of note for those businesses that will be required to populate the EPREL. In the first instance, the draft Implementing Regulation clarifies that the EPREL applies to products subject to energy labeling as well as tyres. Suppliers of relevant products and tyres are then to register themselves in readiness for entering information in the database. A distinction is drawn between suppliers who are manufacturers or importers on the one hand, and suppliers who are authorized representatives of manufacturers or importers on the other hand. Different information is to be provided, as bulleted below.

• Manufacturers and importers are to provide: o Name o Trading name o Legal address o Details of a suitable contact person (name plus telephone number, email address and physical address) o A business registration number or code o National tax number o European tax number o Other reference (for manufacturer or importers established in third countries an official registration number/code).
• Authorized representatives are to provide the same information as a manufacturer or importer would give (i.e. the above list) together with: o The name of the manufacturer or importer they represent o The contact details of the represented manufacturer or importer o Proof of mandate o List of activities the authorized representative is mandated to carry out o Two signed declarations, to read as follows:

“I/We declare that the above named authorized representative has been appointed with a written mandate by the represented manufacturer or importer.” “I/We declare that the information provided in this document is true and provides accurate information on behalf of the manufacturer or importer(s) represented by the above named authorized representative.”

When it comes to entering information in the EPREL, the Implementing Regulation says no more than what is already known concerning the obligations falling upon suppliers (i.e. obligations commence from 1 January 2019, although 1 January 2020 in the case of tyres). It is unknown when the draft Implementing Regulation is likely to enter into EU law, but presumably before 2018 is out owing to the fact that initial obligations will take effect come 1 January next year (in this first instance the obligations apply to suppliers of models of products newly placed on the EU market and within scope of delegated acts introduced under the Energy Labeling Framework Regulation). For reference, RINA received a copy of the draft Implementing Regulation via the UK Government Department for Business, Energy & Industrial Strategy efficient products mailing list. If you would like to find out more about how you can benefit from Ecodesign regulatory updates, sign up to our newsletter here.