Market Surveillance Plan for 2016

Transcription

1 EM1000 W-4.0, Date Ref. 8 December (18) Ref. Ares(2016) /01/2016 The Swedish Energy Agency Energy Efficiency Department Resource Efficient Products Unit Anna Carlén +46 (0) anna.carlen@energimyndigheten.se Market Surveillance Plan for 2016 Ecodesign and Energy Labelling of energy-related products PO Box Eskilstuna Visiting address Kungsgatan 43 Telephone +46 (0) Fax +46 (0) registrator@energimyndigheten.se Reg. No

2 2 Contents 1. Background Conditions for market surveillance in Market surveillance in Market surveillance measures broken down by product group... 5 Investigations and preliminary studies for future market surveillance Cooperation through international projects... 9 Nordsyn... 9 Eepliant... 9 MS Tyr Principles for the selection of products for surveillance Long-term planning for Heating systems and buildings Lighting IT/Electronics Household appliances General goals for market surveillance Specific goals for market surveillance Legal basis Overall Ecodesign Energy labelling Surveillance methods The Market Surveillance Council and other Swedish market surveillance authorities ADCO... 18

3 3 1. Background The Swedish Energy Agency is responsible for the market surveillance of the EU's Ecodesign and Energy Labelling Directives in Sweden. The Directives are what are known as Framework Directives, since regulations for different groups of products are developed and introduced successively. The Ecodesign Directive establishes minimum for energy performance for products covered by the legislation and bans the sale on the EU market of the products that are the most demanding in terms of energy and resources. The Energy Labelling Directive reveals the energy usage of products and makes it easier for consumers wishing to make energy-smart choices. Energy labelling is compulsory for the product groups that are regulated and is also common to all the EU Member States. The Swedish Energy Agency is responsible for the market surveillance under a total of 43 regulations stipulating ecodesign and/or energy-labelling for approx. 30 product groups.additionally, there are a number of product groups for which legal are in the process of being established. Up until now, the Swedish Energy Agency has had supervisory responsibility for all groups of products that are decided upon in the areas of ecodesign and energy labelling, and also responsibility for the energy labelling of tyres, which is outside the scope of the Directives referred to above. As new product groups are added, there will be an increased need for resources and for cooperation with other Member States in order to meet the for supervisory responsibility for all products. Supervising compliance with the Directives is the responsibility of the Member States. The Commission monitors this work by requesting documents relating to the market surveillance carried out by the Member States. 2. Conditions for market surveillance in 2016 The Swedish Energy Agency's resources for market surveillance of product decreased last year. As a result, some of the activities in the 2015 market surveillance plan were suspended, whilst testing of large circulators and water pumps and store checks on heat pumps, hot-water storage tanks and water heaters were not carried out. The cutback in resources also meant that the scope of an inspection of online shops had to be reduced, investigations into how market surveillance should best be conducted for new, more complex products could not be carried out and information on market surveillance results could not be circulated to the outside world. The 2016 market surveillance plan needs to factor in the cutbacks in In 2015, legal for complex products such as electric boilers, hotwater storage tanks, heat pumps, and energy labelling for online shops came in

4 4 force. The implementation of the legal for heating products is problematic as the legislative text is highly complex and there is a great need for information on legal and their implications for market players. There are also operators who are still not aware of the new legal that apply to them and have no prior experience or knowledge of energy labelling and ecodesign. In January 2015, new legal for online sales came into force. A check on energy labelling in online shops was therefore carried out in 2015; the sample was broad based and offered a good insight into how the market is complying with the new legal. Over 90 % of the online shops showed weaknesses with varying degrees of severity, and a number of the large chains did not have the electronic energy labelling required under the new rules. During their work the inspectors identified a need for more information to be made available on the internet about the new energy-labelling, and for this to be followed up by another inspection in The new market players to which the Ecodesign and Energy Labelling Directives' apply include a large number of companies manufacturing, selling and, if need be, installing products such as heat pumps, water heaters, solar devices, temperature controls for heating systems and hot-water storage tanks. However, there are also businesses operating online shops covered by legal where knowledge of the legislation is very low. In order to create a level playing-field on the market, the Swedish Energy Agency must therefore focus to a greater extent on preventive market surveillance activities, such as information campaigns, to ensure that legal are implemented. In 2016, legal will come into force for central ventilation and professional refrigeration systems, and for these products too there is a need for information and cooperation with the industry to resolve ambiguities in legislative texts. In addition, cooperation on the part of industry associations is called for as regards products for which legal will come into force in 2017 and 2018 (solid-fuel boilers, and local space heaters). This need will already start to be felt in 2016, as companies have to adapt their products to comply with the future legal about one or two years before they come into force. In 2016, the Swedish Energy Agency will participate in two international projects (Eepliant and MSTyr 15) which will involve carrying out market surveillance testing. For the newly regulated heating products, i.e. electric boiler space heaters, hotwater storage tanks and water heaters, we have identified problems with the testing standards. The standards are not always robust, and consequently the risk is that the results may not stand up to scrutiny in law. A preliminary study will be carried out to examine how market surveillance can be performed in a manner that is legally sound and correct; this may involve testing individual products.

5 5 3. Market surveillance in 2016 Market surveillance measures broken down by product group Below is a summary of the market surveillance initiatives planned for 2016 for various product groups. Further activities may be performed in 2016 if resources are available Ecodesign Energy Documenta Shops, Reactive Information Remarks testing labelling tion internet, cases initiatives testing checks advertis ing Lighting Domestic lighting x x X x The EU project Eepliant Reflector lamps/led x x X x Street and office lighting x x x The EU project Eepliant Household appliances Tumble driers x x Physical shops and online Dishwashers x x X x x Physical shops shops and online Washing machines x x X x x Physical shops shops and online Vacuum cleaners x x x x Physical shops Fridge freezers x x x x Domestic range hoods (domestic ovens and hobs are part of the same Regulation) shops and online shops Physical shops and online shops x x x x x Domestic range hoods. New product group, legal

6 6 January Physical shops and online shops Fully networked products (included in the Standby Regulation). x x x Modems and boxes (accompanying the goods) 2016 Ecodesig Energy Documenta Shops, Reactive Information Other n labelling tion internet, cases initiatives testing testing checks advertis ing IT/Electronics Televisions X x x x Physical shops and online shops PCs and servers External Power Supply Units Simple set-top boxes x x x Heating systems and buildings Circulators x x Large pumps - not carried out in Air conditioning, including air heat pumps Boilers (electricity/gas/oil) and heat pumps for waterbased central heating systems x x Inspection in 2015 suspended. Checks on online shops. x x x x x X The EU project Eepliant Checks on online shops - instead of Water heaters x x x x Preliminary study prior to

7 7 testing in Checks on online shops - instead of Hot-water storage tanks x x x x Preliminary study prior to testing in Checks on online shops. Central ventilation systems x Legal Solid-fuel boilers x Legal April Ecodesig Energy Documenta Shops, Reactive Information Other n labelling tion internet, cases initiatives testing testing checks advertis ing Local space heaters X New product, legal January 2018 Industry Electric motors x x IE3 motors, legal January 2015 Fans x Testing in Water pumps x x x Prior to revision of Regulation (EU) No 547/2012. Not carried out in Transformers x x Preliminary study in New product. Professional x Legal

8 8 refrigeration systems January 2016 Tyres Tyres x x x MSTyr15 Horizontal Networked standby x x In all tests in which apply. Reactive cases Reactive cases refer to complaints and reports from external parties related to the fact that a product or shop is suspected of having shortcomings in terms of its ecodesign or energy labelling. The Swedish Energy Agency, as and when it receives such reports, examines whether the cases require market surveillance action. The number of reactive cases has historically been low, but a growing number is expected in connection with legal being stipulated for new products. Preventive information initiatives Chapter 10 on Control methodssurveillance methods describes the different types of activities. Market surveillance does not simply involve inspections, supervision and testing. The Swedish Energy Agency also performs a considerable amount of work in terms of providing information on the applicable legislation to the manufacturers, importers and retailers affected, with the aim of enabling more products on the market to fulfil the applicable product legislation. The preventive information initiatives normally consist of participation in industry meetings, organised either by the Agency or by others, answering questions and issuing fact sheets, newsletters, journal articles and press releases. This is often what happens when new legal are implemented, but a similar approach may also be needed when the legal change or if a high degree of non-compliance on the market is identified. In 2016, a large part of these information campaigns will be targeted at operators producing and selling products which have recently become subject to legal, such as central ventilation systems, heat pumps, hot-water storage tanks and online shops.

9 9 Investigations and preliminary studies for future market surveillance Entirely new types of products are now being regulated under the ecodesign and energy labelling legislation: large-scale systems (composed of several subcomponents), site-built products and one-off products (where only a single item is manufactured), etc. These types of products create entirely new conditions for market surveillance. During 2016, the Swedish Energy Agency s market surveillance group will continue to examine how market surveillance for these types of products can be conducted in an effective manner. The Swedish Energy Agency has also begun work on making the market surveillance more visible, one of the reasons being that visible market surveillance can in itself have a regulatory effect. This work will also continue in 2016 in the form of press releases and thematic reports. There is also a need for investigations into heating products since problems have been observed with the testing standards for hot-water storage tanks, water heaters and electric boilers. The results obtained are unreliable and in some cases implausible, which thus creates problems for companies having to provide energy labelling for their products, for example, and means that the market surveillance might not be legally sound. The Swedish Energy Agency has raised the problem of testing standards with the Commission, but this issue remain unresolved. If market surveillance is to be carried out on these products, the manner of testing and calculation needs to be investigated. Nordsyn 4. Cooperation through international projects With the aid of funding from the Nordic Council of Ministers, the 'Nordsyn' programme is being implemented in collaboration with the supervisory authorities of the Nordic countries. For , there are plans to continue the collaboration on market surveillance of energy-related products, and four subprojects are also being carried out as part of this programme. The programme will improve the opportunities for continuous cooperation and will form an important basis and conditions for effective market surveillance in the Nordic countries and, by extension, throughout the EU/EEA. Eepliant The Eepliant project, which is 100 % financed by the EU s Horizon 2020 programme, will continue in The project will build on the current Ecopliant project, in which the Swedish Energy Agency already participated. Eepliant has a different coordinator, Prosafe, which is a non-profit consultancy company that has operated many EU projects involving market surveillance in the area of project safety. Prosafe, having conducted market surveillance under other Directives as

10 10 well as operative and strategic market surveillance, has thus acquired considerable experience that can be of great benefit to the Swedish Energy Agency. The project will continue to develop best practice for the market surveillance of ecodesign and energy labelling, and will also implement coordinated tests of lighting, heating equipment and printers. MS Tyr15 The EU project for carrying out market surveillance testing of tyres. 5. Principles for the selection of products for surveillance The basis for planning market surveillance is that a product group is prioritised if it has: great potential for energy-efficiency improvements; new or amended for the product group in question; great relevance for Swedish industry; great relevance for Swedish consumers, for example, owing to other conditions such as the Nordic climate, patterns of use or other Swedish conditions that differ from those in other parts of the European Union. The selection of specific models for a particular product group depends on the aims of the surveillance and the situation in question. Three main principles can be distinguished: targeted selection, random selection or selection in response to reports or complaints received (reactive market surveillance): Targeted selection (often risk based), e.g. based on: New products/new brands on the market; Products/brands for which previous supervision has revealed shortcomings; Products/brands for which we have previously received external complaints or reports (e.g. from consumers, industry, ADCO or Nordic neighbours); Products/brands with a large market share (bestsellers); Products/brands with a small market share; Products/brands with high energy consumption (poor energy labelling); Products/brands with low energy consumption (good energy labelling); Products from the low-cost sector; Products sold through specific sales channels; Other.

11 11 Random selection (to obtain a general overview of the market): Random number generators; Other forms of random selection. Reactive market surveillance: Direct selection as a consequence of external complaints or reports.

12 12 6. Long-term planning for This chapter briefly describes the market surveillance measures that are being given priority for the coming years. Further initiatives may, of course, be considered, depending on other regulations decided in the coming period, indications from the market, etc. The Agency s funding and internal priorities may also mean that one or several of the market surveillance initiatives described may need to be deleted or postponed. Heating systems and buildings Ecodesign and energy-labelling for a large number of product types in the field of HVAC (heating, ventilation and air-conditioning) come into force as of Local space heaters using electricity, gas, solid fuel or liquid fuel and for solidfuel boilers are new product groups being regulated under the Ecodesign and Energy Labelling Directives. The for those product groups will enter into force in 2017, 2018, 2020 and The Swedish Energy Agency's testing for consumer information has found that there are products using solid fuels that do not comply with the current national legal. These products are important if objectives in a number of areas, including air quality, are to be achieved; focusing market surveillance on them is therefore justified once the ecodesign come into force. Active market surveillance of heat pumps for water-based central heating systems, water heaters and hot-water storage tanks continues to be essential owing to the considerable impact of the legal and Swedish consumers' interest in the products. In 2017, further awareness campaigns will be held and checks will be conducted on energy labelling and product package labelling. Lighting Lighting is a priority area for the Swedish Energy Agency. The Swedish Energy Agency has sole competence in the area of lighting and lighting testing. New operators and technologies are constantly entering the lighting market and the Agency's experience would suggest that many products have shortcomings. Consequently, it is anticipated that the market surveillance of lighting will continue to be given high priority during the period Several ecodesign ordinances have been issued in the area of lighting legislation (depending on the type of lighting technology, etc.), in addition to an energy labelling ordinance and also regulations on energy labelling that continue to apply. The legislation relating to lighting can thus be considered relatively complicated for the uninitiated. The Swedish Energy Agency has observed this in several ways, including the large number of questions raised by importers, retailers and consumers. Information concerning lighting will therefore continue to be a priority area during the period

13 13 IT/Electronics For the electronics sector, concerning network standby are now in force. For the Swedish Energy Agency, the extended will entail performing market surveillance of new product types and using new methods. This will be a development area during the period Household appliances The Swedish Energy Agency has sole competence with regard to the testing of washing machines and dishwashers in that Testlab is the only laboratory in the Nordic countries accredited for testing these product groups. Market surveillance testing will continue during the period to maintain the relatively good level of products meeting the legal. Refrigerators and freezers are the products which have so far shown the most shortcomings, and will therefore be given priority in future market surveillance plans. 7. General goals for market surveillance The overall goal of market surveillance is that products made available on the market fulfil the applicable. Market surveillance generally refers to the activity being carried out and the action taken by the authority responsible for ensuring that products conform to the of the legislation. Market surveillance aims to protect consumers and other users from products with shortcomings in terms of their performance and safety. Market surveillance also aims to ensure fair competition between economic operators. The aim of the Swedish Energy Agency s supervision is to ensure effective and legally sound supervision that provides a high standard of service and confidence in the system. Specific goals for market surveillance The aim of market surveillance for the ecodesign and energy-labelling is to ensure that all regulated products on the market meet the regulatory concerning energy efficiency, technical documentation, labelling and consumer information, and to ensure effective, legally sound supervision that provides a high standard of service and confidence in the system for implementing the Ecodesign and Energy Labelling Directives and the Tyre Labelling Regulation. Collaborating with other countries has advantages from both a financial and a technical point of view. This collaboration between market surveillance authorities is also laid down as a requirement in both the EU Directives and

14 14 Swedish law. This collaboration may involve exchanging test results, joint testing, comparing test methods and exchanging market surveillance plans. Many products that are currently covered by the can be defined as consumer products. The latter have been subject to an energy-labelling requirement for a number of years, and undertakings are well aware of the in force. In recent years, however, more and more industrial and heating products have been regulated, and new target groups for information concerning, the responsibilities of undertakings and forthcoming market surveillance initiatives are being added. When new are added, they do not apply to the products already on the market, but only to those placed on the market after the have entered into force. It is important to provide market operators with information so that they have time to adapt to the new. A number of proactive activities must therefore be carried out. The Agency regularly invites people to seminars to present the new things that are happening in various areas and the applicable for manufacturers, importers and retailers of the products covered by the legislation. The Agency is also much in demand for giving talks, since various organisations and undertakings are keen to receive information on topical matters. The market surveillance plan for 2016 serves to coordinate the market surveillance for energy labelling and ecodesign. This will have the advantage that products can be tested simultaneously with regard to the various supervisory areas. The same applies to market surveillance concerning shops and advertising, and documentation checks. Reactive market surveillance, in other words supervision resulting from reports or complaints received concerning a particular product or group of products, may be carried out if the Agency deems it necessary. A special reporting form has therefore been produced for the website, making it possible for the person submitting the report to remain anonymous. The Agency is obliged to receive reports of this kind, and such information may prove valuable in targeting immediate or future initiatives. However, there is no obligation for the Agency to act on reports. The large number of products for which the Agency has supervisory responsibility requires the work to be done in a proper, strategic manner so as to ensure that resources are used efficiently. The market surveillance plan indicates the product group and type of surveillance on the basis of a risk assessment and the relevance to energy use, consumers and industry. Documentation checks will also continue to be an important tool for product supervision. Documentation checks may be used to achieve a targeted selection of products that are to be tested. They may also serve as an independent, freestanding market surveillance activity and are used, for example, when new have come into force (in order to catch a greater number of manufacturers), or when supervision has lower priority because the market is functioning well.

15 15 Activities and initiatives in the area of supervision are on the increase, in line with the fact that the number of product groups being covered is growing. More products will also be covered, and these will become increasingly complex, which will mean a considerably greater need for analyses and technical expertise. 8. Legal basis Overall Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the for accreditation and market surveillance relating to the marketing of products; Ordinance (2014:1039) on market surveillance of products and related supervision; Ecodesign Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign for energy-related products; Act (2008:112) on Ecodesign and Acts amending the Act (2008:112) on Ecodesign; Ordinance (2009:927) on the Supervision of Energy-Consuming Products Covered by the Provisions of the Act (2008:112) on Ecodesign; Commission Regulations implementing Directives 2005/32/EC and 2009/125/EC of the European Parliament and of the Council (see for a complete, updated list). Article 2 of the Ordinance (2009:927) on the Supervision of Energy-Related Products Covered by the Provisions of the Act (2008:112) on Ecodesign states that the Swedish Energy Agency has supervisory responsibility for energy-related products covered by the implementing measures (product-specific regulations). Article 3 states that the Swedish Energy Agency supervises compliance with the Act (2008:112) on Ecodesign with regard to energy-related products. The Ecodesign Directive was extended in 2009 to apply to energy-related products, whereas previously it had applied to energy-consuming products. Energy labelling 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; Act (2011:721) on the Labelling of Energy-Related Products;

16 16 Ordinance on the Supervision of Energy-Related Products, which is covered by the provisions in the Act (2011:721) on the Labelling of Energy-Related Products; The Commission s product-specific regulations (delegated acts) on energy labelling (see for a complete and updated list); Act (1992:1232) on the Labelling of Household Appliances (this will continue to apply to products that are not covered by delegated acts); Ordinance (1994:1774) on the Labelling of Household Appliances (this will continue to apply to products that are not covered by delegated acts); The Swedish Energy Agency s product-specific regulations on energy labelling (this will continue to apply to products that are not covered by delegated acts). The Swedish Act (2011:721) on the Labelling of Energy-Related Products transposes Directive 2010/30/EU on energy labelling into Swedish law and entered into force in July This Act replaces the Act (1992:1232) on the Labelling of Household Appliances in respect of the products that are covered by delegated acts, in other words for energy-labelling regulations that are decided upon from 2010 onwards. Act (1992:1232) will, however, continue to apply to the products that are not yet covered by delegated acts. Act (2011:721) regulates for labels and information sheets, technical documentation, etc. This Act also stipulates that the Swedish Government may designate the supervisory authority for the Act and associated delegated acts (product-specific ), as well as the powers that the supervisory authority is to have. It furthermore stipulates that the supervisory authority must also supervise compliance with Regulation (EC) No 1222/2009 on tyres. According to Article 4 of the Act (1992:1232) on the Labelling of Household Appliances, which will continue to apply in parallel with Act (2011:721), the authority determined by the Swedish Government may issue regulations concerning the methods that are to be used to determine the consumption of energy and other resources, as well as noise levels; it may also issue regulations as regards the technical specifications that have to be produced and the methods to be used during checks on the information submitted concerning the consumption of energy and other resources and on noise levels. According to Article 5 of the Act, the authority determined by the Swedish Government shall ensure compliance with the regulations issued pursuant to the Act. Articles 8 and 9 of the Ordinance (1994:1774) on the Labelling of Household Appliances state that the State Energy Agency is the supervisory authority, and that the Agency may also issue regulations. The Agency has issued regulations concerning the energy consumption of a large number of household appliances.

17 17 9. Surveillance methods The Swedish Energy Agency s market surveillance is largely proactive and is governed by the annual market surveillance plan. There is also a certain amount of reactive market surveillance, although the number of reports or complaints received concerning ecodesign and energy labelling is still relatively low. Our market surveillance is carried out by testing products at our own laboratory or an external laboratory, conducting inspections of energy labelling in shops and online stores, carrying out checks on advertising and making documentation checks. Market surveillance also includes the information initiatives that we carry out, not least to target small and medium-sized enterprises for which we have been given specially designated responsibility. The aim of the market surveillance, as has been described, is to ensure that goods made available on the market fulfil the applicable. Supervision, inspections and legal action against manufacturers represent one means of achieving this aim. Another method is to carry out preventive work so that more products on the market comply with the applicable product legislation. We also do this by means of information campaigns, for instance, aimed at manufacturers, importers and retailers concerning applicable or future. Measures Effects Overall aim Inspection/ check Shortcomings found Rectification Attitudes change/ greater knowledge Increased compliance with rules Goods available on the market comply with the applicable Information measures Arrows indicate that causality is assumed. Attitudes change/ greater knowledge Increased compliance with rules Goods available on the market comply with the applicable Image: Two methods of achieving the overall aim: Goods available on the market must fulfil the applicable. Source: Market Surveillance Council The Market Surveillance Council and other Swedish market surveillance authorities The Market Surveillance Council is a national coordinating body for issues relating to market surveillance. It functions primarily as a forum for the exchange of information and experience between authorities. The Market Surveillance Council consists of 17 market surveillance authorities. Swedac (the Swedish Board for Accreditation and Conformity Assessment) chairs and performs the secretariat role for the Market Surveillance Council.

18 18 The Council meets five times a year. The Swedish Energy Agency considers participation to be very valuable in terms of contact with other authorities and the overall reporting of what is going on horizontally in the field of market surveillance in Sweden and the EU. Over the past few years, the Swedish Energy Agency has intensified its cooperation with another body in the Market Surveillance Council, the Swedish National Electrical Safety Board. This has involved carrying out joint information initiatives, amongst other things. It is anticipated that this work will continue in ADCO Various EU countries' authorities responsible for the market surveillance of ecodesign and energy labelling also cooperate under the so-called ADCO (administrative cooperation) groups, which meet at EU level twice a year. EU Commission representatives also participate in these meetings. Grey areas are often discussed, i.e. areas where the legislation is unclear. The EU Commission's and the ADCO groups' interpretations of ambiguities in the legislation are published on a public website. The Swedish Energy Agency considers it very important to participate in the ADCO groups, primarily in order to benefit from the experiences and interpretations of other market surveillance authorities and the Commission.