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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 10 thereof,
Whereas:
(1)
Directive 2010/30/EU requires the Commission to adopt delegated acts as regards the labelling of energy-related products having significant potential for energy savings and a wide disparity in performance levels with equivalent functionality.
(2)
Provisions on the energy labelling of household lamps were established by Commission Directive 98/11/EC (2).
(3)
The electricity used by electrical lamps accounts for a significant share of total electricity demand in the Union. In addition to the energy efficiency improvements already achieved, the scope for further reducing the energy consumption of electrical lamps is substantial.
(4)
Directive 98/11/EC should be repealed and new provisions should be set out in this Regulation in order to ensure that the energy label provides dynamic incentives for suppliers further to improve the energy efficiency of electrical lamps and to speed up the market shift towards energy-efficient technologies. The scope of Directive 98/11/EC is limited to certain technologies within the category of household lamps. In order to use the label to improve the energy efficiency of other lamp technologies, including in professional lighting, this Regulation should also cover directional lamps, extra low voltage lamps, light-emitting diodes, and lamps used predominantly in professional lighting, such as high-intensity discharge lamps.
(5)
Luminaires are often sold with incorporated or accompanying lamps. This Regulation should ensure that consumers are informed about the compatibility of the luminaire with energy-saving lamps and about the energy efficiency of the lamps included with the luminaire. At the same time, this Regulation should not impose a disproportionate administrative burden on luminaire manufacturers and retailers, nor should it discriminate between luminaires as regards the obligation to provide consumers with information on energy efficiency.
(6)
The information provided on the label should be obtained through reliable, accurate and reproducible measurement procedures, which take into account the recognised state-of-the-art measurement methods including, where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council (3).
(7)
This Regulation should specify a uniform design and content for the label for electrical lamps and luminaires.
(8)
In addition, this Regulation should specify requirements for the technical documentation of electrical lamps and luminaires and for the fiche of electrical lamps.
(9)
Moreover, this Regulation should specify requirements for the information to be provided for any form of distance selling, advertisements and technical promotional materials for electrical lamps and luminaires.
(10)
It is appropriate to provide for a review of the provisions of this Regulation taking into account technological progress.
(11)
In order to facilitate the transition from Directive 98/11/EC to this Regulation, household lamps labelled in accordance with this Regulation should be considered compliant with Directive 98/11/EC.
(12)
Directive 98/11/EC should therefore be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation establishes requirements for labelling of and providing supplementary product information on electrical lamps such as:
(a)
filament lamps;
(b)
fluorescent lamps;
(c)
high-intensity discharge lamps;
(d)
LED lamps and LED modules.
This Regulation also establishes requirements for labelling luminaires designed to operate such lamps and marketed to end users, including when they are integrated into other products that are not dependent on energy input in fulfilling their primary purpose during use (such as furniture).
2. The following products shall be excluded from the scope of this Regulation:
(a)
lamps and LED modules with a luminous flux of less than 30 lumens;
(b)
lamps and LED modules marketed for operation with batteries;
(c)
lamps and LED modules marketed for applications where their primary purpose is not lighting, such as:
(i)
emission of light as an agent in chemical or biological processes (such as polimerisation, photodynamic therapy, horticulture, petcare, anti-insect products);
(ii)
image capture and image projection (such as camera flashlights, photocopiers, video projectors);
(iii)
heating (such as infrared lamps);
(iv)
signalling (such as airfield lamps).
These lamps and LED modules are not excluded when they are marketed for lighting;
(d)
lamps and LED modules marketed as part of a luminaire and not intended to be removed by the end-user, except when they are offered for sale, hire or hire purchase or displayed separately to the end user, for example as spare parts;
(e)
lamps and LED modules marketed as part of a product whose primary purpose is not lighting. However, if they are offered for sale, hire or hire purchase or displayed separately, for example as spare parts, they shall be included within the scope of this Regulation;
(f)
lamps and LED modules that do not comply with requirements becoming applicable in 2013 and 2014 according to Regulations implementing Directive 2009/125/EC of the European Parliament and of the Council (4);
(g)
luminaires that are designed to operate exclusively with the lamps and LED modules listed in points (a) to (c).
Article 2
Definitions
In addition to the definitions laid down in Article 2 of Directive 2010/30/EU, the following definitions shall apply for the purposes of this Regulation:
(1)
‘Light source’ means a surface or object designed to emit mainly visible optical radiation produced by a transformation of energy. The term ‘visible’ refers to a wavelength of 380-780 nm;
(2)
‘Lighting’ means the application of light to a scene, objects or their surroundings so that they may be seen by humans;
(3)
‘Accent lighting’ means a form of lighting where light is directed so as to highlight an object or a part of an area;
(4)
‘Lamp’ means a unit whose performance can be assessed independently and which consists of one or more light sources. It may include additional components necessary for starting, power supply or stable operation of the unit or for distributing, filtering or transforming the optical radiation, in cases where those components cannot be removed without permanently damaging the unit;
(5)
‘Lamp cap’ means that part of a lamp which provides connection to the electrical supply by means of a lamp holder or lamp connector and may also serve to retain the lamp in the lamp holder;
(6)
‘Lamp holder’ or ‘socket’ means a device which holds the lamp in position, usually by having the cap inserted in it, in which case it also provides the means of connecting the lamp to the electric supply;
(7)
‘Directional lamp’ means a lamp having at least 80 % light output within a solid angle of π sr (corresponding to a cone with angle of 120°);
(8)
‘Non-directional lamp’ means a lamp that is not a directional lamp;
(9)
‘Filament lamp’ means a lamp in which light is produced by means of a threadlike conductor which is heated to incandescence by the passage of an electric current. The lamp may contain gases influencing the process of incandescence;
(10)
‘Incandescent lamp’ means a filament lamp in which the filament operates in an evacuated bulb or is surrounded by inert gas;
(11)
‘(Tungsten) halogen lamp’ means a filament lamp in which the filament is made of tungsten and is surrounded by gas containing halogens or halogen compounds. They may be supplied with an integrated power supply;
(12)
‘Discharge lamp’ means a lamp in which the light is produced, directly or indirectly, by an electric discharge through a gas, a metal vapour or a mixture of several gases and vapours;
(13)
‘Fluorescent lamp’ means a discharge lamp of the low pressure mercury type in which most of the light is emitted by one or more layers of phosphors excited by the ultraviolet radiation from the discharge. Fluorescent lamps may be supplied with an integrated ballast;
(14)
‘Fluorescent lamp without integrated ballast’ means a single- or double-capped fluorescent lamp without integrated ballast;
(15)
‘High-intensity discharge lamp’ means an electric discharge lamp in which the light producing arc is stabilised by wall temperature and the arc has a bulb wall loading in excess of 3 watts per square centimetre;
(16)
‘Light-emitting diode (LED)’ means a light source which consists of a solid state device embodying a p-n junction. The junction emits optical radiation when excited by an electric current;
(17)
‘LED package’ means an assembly having one or more LED(s). The assembly may include an optical element and thermal, mechanical and electrical interfaces;
(18)
‘LED module’ means an assembly having no cap and incorporating one or more LED packages on a printed circuit board. The assembly may have electrical, optical, mechanical and thermal components, interfaces and control gear;
(19)
‘LED lamp’ means a lamp incorporating one or more LED modules. The lamp may be equipped with a cap;
(20)
‘Lamp control gear’ means a device located between the electrical supply and one or more lamps, which provides a functionality related to the operation of the lamp(s), such as transforming the supply voltage, limiting the current of the lamp(s) to the required value, providing a starting voltage and preheating current, preventing cold starting, correcting the power factor or reducing radio interference. The device may be designed to connect to other lamp control gear to perform these functions. The term does not include:
-
control devices,
-
power supplies converting the mains voltage to another supply voltage that are designed to supply in the same installation both lighting products and products whose primary purpose is not lighting;
(21)
‘Control device’ means an electronic or mechanical device controlling or monitoring the luminous flux of the lamp by other means than power conversion for the lamp, such as timer switches, occupancy sensors, light sensors and daylight regulation devices. In addition, phase cut dimmers shall also be considered as control devices;
(22)
‘External lamp control gear’ means non-integrated lamp control gear designed to be installed outside the enclosure of a lamp or luminaire, or to be removed from the enclosure without permanently damaging the lamp or the luminaire;
(23)
‘Ballast’ means lamp control gear inserted between the supply and one or more discharge lamps which by means of inductance, capacitance or a combination of inductance and capacitance, serves mainly to limit the current of the lamp(s) to the required value;
(24)
‘Halogen lamp control gear’ means lamp control gear that transforms mains voltage to extra low voltage for halogen lamps;
(25)
‘Compact fluorescent lamp’ means a fluorescent lamp that includes all the components necessary for starting and stable operation of the lamp;
(26)
‘Luminaire’ means an apparatus which distributes, filters or transforms the light transmitted from one or more lamps and which includes all the parts necessary for supporting, fixing and protecting the lamps and, where necessary, circuit auxiliaries together with the means for connecting them to the electric supply;
(27)
‘Point of sale’ means a physical location where the product is displayed or offered for sale, hire or hire-purchase to the end-user;
(28)
‘End-user’ means a natural person buying or expected to buy an electrical lamp or luminaire for purposes which are outside his trade, business, craft or profession;
(29)
‘Final owner’ means the person or entity owning a product during the use phase of its life cycle, or any person or entity acting on behalf of such a person or entity.
Article 3
Responsibilities of suppliers
1. Suppliers of electrical lamps placed on the market as individual products shall ensure that:
(a)
a product fiche, as set out in Annex II, is made available;
(b)
the technical documentation as set out in Annex III is made available on request to the authorities of the Member States and to the Commission;
(c)
any advertisement, formal price quote or tender offer disclosing energy-related or price information for a specific lamp states the energy efficiency class;
(d)
any technical promotional material concerning a specific lamp which describes its specific technical parameters states the energy efficiency class of that lamp;
(e)
if the lamp is intended to be marketed through a point of sale, a label produced in the format and containing information as set out in Annex I.1 is placed or printed on, or attached to, the outside of the individual packaging, and the packaging displays the nominal power of the lamp outside the label.
2. Suppliers of luminaires intended to be marketed to end-users shall ensure that:
(a)
the technical documentation as set out in Annex III is made available on request to the authorities of the Member States and to the Commission;
(b)
the information contained in the label according to Annex I.2 is provided in the following situations:
(i)
in any advertisement, formal price quote or tender offer disclosing energy-related or price information for a specific luminaire;
(ii)
in any technical promotional material concerning a specific lamp which describes its specific technical parameters.
In these cases the information may be provided in formats other than the one set out in Annex I.2, such as fully textual;
(c)
if the luminaire is intended to be marketed through a point of sale, a label produced in the format and containing information as set out in Annex I is made available free of charge to dealers in electronic or paper format. If the supplier chooses a delivery system in which labels are provided only on request from dealers, the supplier shall promptly deliver the labels on request;
(d)
if the luminaire is placed on the market in a packaging for end-users that includes electrical lamps which the end-user can replace in the luminaire, the original packaging of those lamps is included in the luminaire’s packaging. If not, then the outside or inside of the luminaire packaging must present, in some other form, the information given on the lamps’ original packaging and required by this Regulation and by Commission regulations setting ecodesign requirements for lamps pursuant to Directive 2009/125/EC.
Suppliers of luminaires intended to be marketed through a point of sale who provide information under this Regulation shall be considered to have fulfilled their responsibilities as distributors with respect to the product information requirements for lamps laid down in Commission regulations setting ecodesign requirements for lamps pursuant to Directive 2009/125/EC.
Article 4
Responsibilities of dealers
1. Dealers of electrical lamps shall ensure that:
(a)
each model offered for sale, hire or hire-purchase where the final owner cannot be expected to see the product displayed is marketed with the information to be provided by suppliers in accordance with Annex IV;
(b)
any advertisement, formal price quote or tender offer disclosing energy-related or price information for a specific model states the energy efficiency class;
(c)
any technical promotional material concerning a specific model which describes its specific technical parameters states the energy efficiency class of that model.
2. Dealers of luminaires marketed to end-users shall ensure that:
(a)
the information contained in the label in accordance with Annex I.2 is provided in the following situations:
(i)
in any advertisement, formal price quote or tender offer disclosing energy-related or price information for a specific luminaire;
(ii)
in any technical promotional material concerning a specific luminaire which describes its specific technical parameters.
In these cases the information may be provided in formats other than the one set out in Annex I.2, such as fully textual;
(b)
each model presented at a point of sale is accompanied by the label as set out in Annex I.2. The label shall be displayed in one or both of the following ways:
(i)
in proximity to the displayed luminaire, so as to be clearly visible and identifiable as the label belonging to the model, without having to read the brand name and model number on the label;
(ii)
clearly accompanying the most directly-visible information about the displayed luminaire (such as price or technical information) in the point of sale;
(c)
if the luminaire is sold in a packaging for end-users that includes electrical lamps which the end-user can replace in the luminaire, the original packaging of those lamps is included in the luminaire’s packaging. If not, then the outside or inside of the luminaire packaging must present, in some other form, the information given on the lamps’ original packaging and required by this Regulation and by Commission regulations setting ecodesign requirements for lamps pursuant to Directive 2009/125/EC.
Article 5
Measurement methods
The information to be provided under Articles 3 and 4 shall be obtained by reliable, accurate and reproducible measurement procedures, which take into account the recognised state-of-the-art measurement methods, as set out in Annex V.
Article 6
Verification procedure for market surveillance purposes
Member States shall apply the procedure laid down in Annex V when assessing the conformity of the declared energy efficiency class and energy consumption.
Article 7
Revision
The Commission shall review this Regulation in the light of technological progress no later than three years after its entry into force. The review shall in particular assess the verification tolerances set out in Annex V.
Article 8
Repeal
Directive 98/11/EC shall be repealed with effect from 1 September 2013.
References to Directive 98/11/EC shall be construed as references to this Regulation. References to Annex IV to Directive 98/11/EC shall be construed as references to Annex VI to this Regulation.
Article 9
Transitional provisions
1. Articles 3(2) and 4(2) shall not apply to luminaires before 1 March 2014.
2. Article 3(1)(c-d) and Article 4(1)(a-c) shall not apply to printed advertisements and printed technical promotional material published before 1 March 2014.
3. Lamps referred to in Article 1(1) and (2) of Directive 98/11/EC placed on the market before 1 September 2013 shall comply with the provisions set out in Directive 98/11/EC.
4. Lamps referred to in Article 1(1) and (2) of Directive 98/11/EC which comply with the provisions of this Regulation and which are placed on the market or offered for sale, hire or hire-purchase before 1 September 2013 shall be regarded as complying with the requirements of Directive 98/11/EC.
Article 10
Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. It shall apply from 1 September 2013, except in the cases listed in Article 9.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 July 2012.