EU Commission confirm they will NOT accept products bearing both the UK and EU energy label.
25 March 2021
Through our EU trade association APPLiA we asked if it would be possible to provide both the UK and EU Energy Labels in the Republic of Ireland (EU market). Below is their response (short answer: no).
BEAMA are continuing discussions with UK government on clarifications with regards to UK guidance on this. We have also had questions from members on whether the labels can both be provided loose in the box with the product when placed on the EU market. We will get back to members as soon as we have clarification on this point.
EU Commission response:
"The Commission has carefully analysed the question. The EU will not accept products bearing both the UK energy label and the EU energy label, as shown in your email, as being compliant with the Energy Labelling Framework Regulation.
Products bearing both energy labels would not comply with Article 6(c) of the Energy Labelling Framework Regulation:
The supplier and the dealer shall...
(c) for products covered by delegated acts, not provide or display other labels, marks, symbols or inscriptions which do not comply with the requirements of this Regulation and the relevant delegated acts, if doing so would be likely to mislead or confuse customers with respect to the consumption of energy or other resources during use;
The related Recital 23 reads:
In order for customers to retain confidence in the energy label, other labels that mimic the energy label should not be allowed to be used for energy-related products and non-energy-related products. (…) Additional labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the consumption of energy for the product concerned should not be allowed for the same reason. (…)
The design of the UK energy label as shown in your email is exactly the same as the EU energy label, with the only difference being the flag. Therefore, the presence of the UK energy label alongside the EU label would violate the mimicking prohibition. Consumers could easily confuse the UK label (based on UK legislation) with the EU label (based on EU legislation)."