Proposal for a Regulation of the European Parliament and of the Council on a Community energy-efficiency labelling programme for office equipment (Recast) - Consolidated version - Montesquieu Instituut

 

COUNCIL OF Brussels, 12 July 2007

THE EUROPEAN UNION

11376/07

Interinstitutional File:

2006/0187 (COD)

ENER 193 RELEX 529 CODEC 740

NOTE from :

General Secretariat

to : Delegations

No. Cion prop. : COM(2006) 576 final/2 - 13574/06 + REV 1 (en, fr, de) Subject :

Proposal for a Regulation of the European Parliament and of the Council on a Community energy-efficiency labelling programme for office equipment (Recast)

• - 

  Consolidated version

Delegations will find the consolidated version of the Energy Star Regulation in the recast format,

integrating the amendments of the Parliament as adopted on 10 July and agreed previously by

Coreper. This consolidated version has been established by the Council Secretariat and is for

2422/2001 (adapted)

2006/0187 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a Community energy-efficiency labelling programme for office equipment

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1)

thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Economic and Social Committee2,

After consulting Having regard to the opinion of the Committee of the Regions3,

Acting in accordance with the procedure laid down in Article 251 of the Treaty4,

new

(1) A number of substantial changes are to be made to Regulation (EC) No 2422/2001 of the

European Parliament and of the Council of 6 November 20011. In the interests of clarity,

that Regulation should be recast.

2422/2001 recital (1) (adapted)

new

(2) Office equipment accounts for a significant share of total electricity consumption. The

most effective measure for reducing electrical consumption of office equipment is to

reduce the standby consumption in accordance with the Council conclusions of May 1999

on standby losses of consumer electronic equipment. The various models available on the

Community market have very different levels of energy consumption in standby

mode for similar functionalities and there is significant potential for optimising their

energy efficiency .

2422/2001 recital (2)

Council/EP (100%)

(3) There are, however, other measures for reducing electricity consumption from such

equipment, such as switching it off when not needed, without compromising functionality.

The Commission should ascertain which measures are appropriate in order also to exploit

this energy-saving potential [...] Improving the energy efficiency of office

equipment contributes to improving the competitiveness of the Community and the

security of its energy supply and to protecting the environment and consumers.

2422/2001 recital (3)

(4) It is important to promote measures aimed at the proper functioning of the internal market.

2422/2001 recital (4) (adapted)

(5) It is desirable to coordinate the national energy labelling initiatives to minimise the adverse

impact of the measures taken to implement them on industry and trade.

2422/2001 recital (5)

(5) It is appropriate to take as a base a high level of protection in proposals for the

approximation of the provisions laid down by law, regulation or administrative action in

Member States concerning health, safety, environmental protection and consumer

protection. This Regulation contributes to a high level of protection for both the

environment and the consumer, in aiming at a significant improvement of the energy

efficiency of this type of equipment.

2422/2001 recital (6)

(6) Since the objectives of the proposed action cannot be sufficiently achieved by the Member

States and can therefore be better achieved at Community level, the Community may adopt

measures in accordance with the principle of subsidiarity as set out in Article 5 of the

Treaty. In accordance with the principle of proportionality, as set out in that Article, this

Regulation does not go beyond what is necessary in order to achieve those objectives.

2422/2001 recital (7) (adapted)

(7) Moreover, Article 174 of the Treaty calls for the protection and improvement of the

environment and prudent and rational utilisation of natural resources, these two objectives

being among those of the Community policy on the environment; Electricity generation

and consumption account for 30 % of man-made carbon dioxide (CO2) emissions and

some 35 % of primary energy consumption in the Community. These percentages are

increasing, and standby losses from electrical equipment account for about 10 % of its

consumption.

2422/2001 recital (8) (adapted)

(8) Furthermore, Council Decision 89/364/EEC of 5 June 1989 on a Community action

programme for improving the efficiency of electricity use1 has as its twin objectives to

encourage consumers to favour appliances and equipment with high electrical efficiency

and to improve the efficiency of appliances and equipment. Further steps are needed to

improve consumer information.

2422/2001 recital (9)

(7) The UNFCCC United Nations Framework Convention on Climate Change Protocol agreed

in Kyoto on 10 December 1997 calls for a greenhouse gases emission reduction for the

Community of 8% at the latest during the period 2008 to 2012. In order to achieve this

objective, stronger measures are required to reduce CO2 carbon dioxide emissions within

the Community.

2422/2001 recital (10)

(8) Furthermore, Decision No 2179/98/EC of the European Parliament and of the Council of

24 September 1998 on the review of the European Community programme of policy and

action in relation to the environment and sustainable development "Towards

sustainability"1 indicated as a key priority for the integration of environmental

requirements in relation to energy the provision of energy efficiency labelling of

appliances.

2422/2001 recital (11)

2422/2001 recital (12)

(10) It is desirable to coordinate energy-efficiency requirements, labels and test methods

wherever appropriate.

2422/2001 recital (13)

(11) Most energy-efficient office equipment is available at little or no extra cost and may

therefore in many cases pay for any additional cost through electricity savings within a

reasonably short time. Energy-saving and CO2 carbon dioxide reduction objectives can

therefore be achieved in a cost-effective manner in this area, without disadvantages for

consumers or industry.

2422/2001 recital (14) (adapted)

new

(12) Office equipment is traded worldwide. The Agreement of [...] 2006 between the

Government of the United States of America and the European Community on the

coordination of energy-efficient energy-efficiency labelling programmes for office

2422/2001 recital (15)

Council/EP (100%)

[...]

(13) The Energy Star label is used worldwide. In order to influence the requirements of the

Energy Star labelling scheme, the Community should participate in this labelling scheme

and in drawing up the necessary technical specifications. When setting the technical

criteria together with the US Environmental Protection Agency the Commission should

aim at ambitious levels of energy efficiency, in view of the Community's policy of energy

efficiency and its energy-efficiency targets.

2422/2001 recital (16) (adapted)

(14) An effective enforcement system is necessary to ensure that the energy-efficient

energy-efficiency labelling programme for office equipment is implemented

properly, guarantees fair conditions of competition for producers and protects consumer

rights.

2422/2001 recital (18)

(16) Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and

standard product information of the consumption of energy and other resources by

household appliances1 is not the most appropriate instrument for office equipment. The

most cost-effective measure for promoting energy efficiency of office equipment is a

voluntary labelling programme.

2422/2001 recital (19) (adapted)

new

(17) It is necessary to assign the task of contributing to setting and reviewing the

common technical specifications to an appropriate body, the European Community

Energy Star Board (ECESB), in order to achieve an efficient and neutral implementation of

the scheme. The ECESB should be made up composed of national representatives

and representatives of interested parties .

2422/2001 recital (20) (adapted)

(18) It is necessary to ensure that the energy-efficient energy-efficiency labelling

programme for office equipment is consistent and coordinated with the priorities of the

Community policy and with other Community labelling or quality-certification schemes

such as those established by Directive 92/75/EEC and by Regulation (EC) No 1980/2000

of the European Parliament and of the Council of 17 July 2000 on a revised Community

eco-label award scheme1.

new

(19) The energy-efficiency labelling programme should complement measures taken in the

context of Directive 2005/32/EC of the European Parliament and of the Council of 6 July

2005 establishing a framework for the setting of ecodesign requirements for energy-using

products and amending Council Directive 92/42/EEC and Directives 96/57/EC and

2000/55/EC of the European Parliament and of the Council2. It is necessary to ensure that

the Energy Star and ecodesign schemes are consistent and coordinated.

2422/2001 recital (21) (adapted)

(20) It is desirable to coordinate the Community Energy Star programme based on the

Agreement of [...] 2006 and other voluntary labelling energy labelling schemes

for office equipment in the Community in order to prevent confusion for consumers and

potential market distortions.

2422/2001 recital (22) (adapted)

(21) It is necessary to guarantee transparency in the implementation of the Energy Star

scheme and to ensure consistency with relevant international standards in order to facilitate

access to, and participation in, the scheme for manufacturers and exporters from countries

outside the Community,.

new

(22) This Regulation takes into account the experience gained during the initial period of

implementation of the Energy Star programme in the Community,

2422/2001

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

2422/2001 (adapted)

This Regulation establishes the rules for the Community energy-efficiency labelling programme for

office equipment (hereinafter referred to as "the Energy Star programme") as defined in the

Agreement between the Government of the United States of America and the European Community

on the coordination of energy-efficient energy-efficiency labelling programmes for office

equipment (hereinafter referred to as "the Agreement"). Participation in the Energy Star programme

is on a voluntary basis.

2422/2001

Article 3

Definitions

For the purposes of this Regulation:

2422/2001 (adapted)

(a) "Common Logo" means the mark referred to in the Annex I to the Agreement ;

2422/2001

(b) "programme participants" means manufacturers, assemblers, exporters, importers, retailers and

other bodies who commit themselves to promote designated energy-efficient office equipment

products that meet the Common Specifications of the Energy Star programme and who have chosen

to participate in the Energy Star programme by having registered with the Commission;

2422/2001 (adapted)

new

Article 4

General principles

• 1. 

  The Energy Star programme shall be coordinated, as appropriate, with other Community

labelling or quality certification arrangements as well as with schemes such as, in particular, the

Community eco-label award scheme as established by Regulation (EEC) No 880/92, and the

indication by labelling and standard product information of the consumption of energy and other

resources by household appliances as established by Directive 92/75/EEC and measures

implementing Directive 2005/32/EC.

2422/2001

• 2. 

  The cCommon lLogo may be used by programme participants and other bodies on their

individual office equipment products and on the associated promotion.

2422/2001 (adapted)

• 3. 

  Participation in the Energy Star programme shall be on a voluntary basis.
• 3. 

  4. Office equipment products for which the use of the cCommon lLogo has been granted by the

United States Environmental Protection Agency (USEPA) are shall be deemed to comply

2422/2001

• 4. 

  5. Without prejudice to any Community rules on conformity assessment and conformity marking

and/or to any international agreement concluded between the Community and third countries as

regards access to the Community market, products covered by this Regulation which are placed on

the Community market may be tested by the Commission or Member States in order to verify their

compliance with the requirements of this Regulation.

Article 5

Registration of programme participants

• 1. 

  Applications to become a programme participant may be submitted to the Commission.

2422/2001 (adapted)

Council/EP (100%)

[...]

• 2. 

  The decision to authorise an applicant to become a programme participant shall be taken by

the Commission, after verifying that the applicant has agreed to comply with the Common Logo

user guideline contained in Annex B to the Agreement. The Commission shall publish on the

Article 6

Promotion and information

• 1. 

  The Commission shall make the maximum effort to encourage, in cooperation with the Member

States and the members of the ECESB, the use of the common logo by appropriate awareness-

raising actions and information campaigns for consumers, suppliers, dealers and the general public.

• 2. 

  Each Member State shall seek to ensure that consumers and other interested bodies are made

aware of, and have access to, detailed information on the Energy Star programme, using all possible

Community tools.

[...]

For the duration of the Agreement, the Commission and other Community institutions, as well as

central government authorities within the meaning of Directive 2004/18/EC, shall, without

prejudice to Community and national law and economic criteria, specify energy-efficiency

requirements not less demanding than the Energy Star Common Specifications for public supply

contracts meeting the thresholds laid down in Article 7 of the said Directive.

2422/2001

Article 7

Other voluntary energy labelling schemes

• 1. 

  Existing and new voluntary energy labelling schemes for office equipment products in the

Member States may co-exist with the Energy Star programme.

• 2. 

  The Commission and the Member States shall act in order to ensure the necessary coordination

between the Energy Star programme and national schemes and other labelling schemes in the

Community or in the Member States.

2422/2001 (adapted) (new)

Council/EP (100%)

Article 8

European Community Energy Star Board

• 1. 

  The Commission shall establish a European Community Energy Star Board (ECESB) consisting

of national representatives as referred to in Article 9 as well as relevant interested parties. The

• 2. 

  One year following the entry into force of this Regulation, and every year thereafter, the ECESB

shall draw up a report on the market penetration of products bearing the common logo and on the

technology available for reducing energy consumption.

• 3. 

  2. The Commission shall ensure that, to the extent possible in the conduct of its activities, the

ECESB observes, in respect of each office equipment product group, a balanced participation of

by all relevant interested parties concerned with that product group, such as manufacturers,

retailers, importers, environmental protection groups and consumer organisations.

2a. The Commission assisted by the ECESB, shall follow market penetration of products bearing

the Common Logo and development of energy efficiency of office equipment with a view of a

timely revision of the technical specifications.

2422/2001

• 4. 

  3. The Commission shall establish the ECESB's rules of procedure, taking account of the views

of Member States' representatives in the ECESB.

2422/2001 (new)

5.The Commission shall keep the European Parliament and the Council informed of the ECESB's

2422/2001 (adapted)

Article 9

National representatives

Each Member State shall designate, as appropriate, national energy policy experts, authorities or

persons (hereinafter referred to as "national representatives") responsible for carrying out the tasks

provided for in this Regulation. Where more than one national representative is designated, the

Member State shall determine those representatives' respective powers and the coordination

requirements applicable to them.

2422/2001 (adapted)

Article 10

Working plan

In accordance with the objectives set out in Article 1, the Commission shall establish a working

plan within six months from the entry into force of this Regulation and propose it to the European

Parliament and the Council, following consultation of the ECESB. The working plan shall include a

strategy for the development of the Energy Star programme, which shall set out for the subsequent

2422/2001

(a) the objectives for the energy-efficiency improvements, bearing in mind the need to pursue a high

standard of consumer and environmental protection and the market penetration which the Energy

Star programme should seek to achieve at Community level,;

(b) a non-exhaustive list of office equipment products which should be considered as priorities for

-

inclusion in the Energy Star programme,;

2422/2001 (new)

Council/EP (100%)

outline proposals for educational and promotional campaigns and other necessary actions,

(ba) educational and promotional initiatives;

2422/2001

(c) proposals for coordination and cooperation between the Energy Star programme and other

voluntary energy labelling schemes in Member States.

2422/2001 (adapted)

new

The working plan shall be reviewed periodically at least once a year. It shall be made publicly

available. It shall be reviewed for the first time at the latest 12 months after it is submitted to the

European Parliament and the Council, and subsequently at 12-monthly intervals.

Article 11

Preparatory procedures for the revision of technical criteria

• 1. 

  With a view to preparing the for revision of the Common Specifications and of the

office equipment product groups covered by Annex C to the Agreement, and before submitting a

draft proposal or replying to the USEPA according to the procedures laid down in the Agreement

and in Council Decision .... 2001/469/EC of 14 May 2001 concerning the conclusion on behalf of

the European Community of the Agreement between the Government of the United States of

America and the European Community on the coordination of energy-efficient labelling

programmes for office equipment1, the following steps set out in paragraphs 2, 3 and 4 shall have to

be taken.

• 1. 

  2. The Commission requests may request the ECESB to make suggestions a proposal

for the revision of the Agreement or for revision of Common Specifications for a product. The

Commission may make a proposal to the ECESB for revision of Common Specifications for a

product and for revision of the Agreement . The ECESB may also make suggestions a

proposal to the Commission on its own initiative.

2422/2001

• 2. 

  3. The Commission shall consult the ECESB whenever it receives a proposal for revision of the

Agreement from the USEPA.

2422/2001 (adapted)

new

Council/EP (100%)

• 3. 

  When the ECESB gives its opinion to the Commission it shall take into account the results of

feasibility and market studies, and the available technology for reducing energy consumption.

3a. When the members of the ECESB give their views to the Commission they shall take into

account the results of feasibility and market studies, and available technology for reducing energy

consumption.

• 4. 

  The Commission shall take particular account of the objective of setting technical

Common sSpecifications at a high an ambitious level, as provided for in Article I,

paragraph 4 of the Agreement with due regard for the technology available and the associated

costs, with the aim of for reducing energy consumption analysed in the ECESB report

referred to in Article 8(2) with due regard for the technology available and the associated

costs . In particular, before giving its views on new specifications, the ECESB shall take into

account the latest results of the eco-design studies.

Article 12

Market surveillance and control of abuses

2422/2001

• 1. 

  The cCommon lLogo shall be used only in connection with the products covered by the

Agreement and in accordance with the logo user guidelines contained in Annex B to the Agreement.

2422/2001 (adapted)

Council/EP (100%)

• 2. 

  Any false or misleading advertising or the use of any label or logo which leads to confusion with
• 3. 

  The Commission shall ensure proper use of the cCommon lLogo by undertaking or coordinating

actions described in Article VIII, paragraphs 2, 3 and 4 of the Agreement. Member States shall take

actions as appropriate to ensure conformity with the provisions of this Regulation in their own

territory and shall inform the Commission. Member States may refer evidence of non-compliance

by programme participants and other bodies to the Commission for initial action.

Article 12a

Evaluation

The Commission shall, one year before expiry of the Agreement, produce and submit to the

European Parliament and the Council a report monitoring the energy efficiency of the office

equipment market in the Community and giving an evaluation of the effectiveness of the Energy

Star programme. The report shall include qualitative as well as quantitative data.

The report shall also include data on the benefits derived from the Energy Star programme, namely

energy savings and environmental benefits in terms of carbon dioxide emission reductions.

Article 13

Implementation

Within 12 months of the entry into force of this Regulation, Member States shall inform the

Commission of the measures taken to ensure compliance with it.

Article 14 13

Revision

Before the Parties to the Agreement are to discuss the renewal of the Agreement in accordance with

Article XII thereto thereof, the Commission shall assess the Energy Star programme in the light of

the experience gained during its operation.

The Commission shall produce and submit to the European Parliament and the Council by 15

January 2005 a report monitoring the energy efficiency of the office equipment market in the

Community, giving an evaluation of the effectiveness of the Energy Star programme and proposing,

if necessary, measures complementary to the programme. The report shall examine the result of the

dialogue between the EU and the USA and in particular whether Energy Star specifications are

effective enough.

Article 14

Repeal

Regulation (EC) No 2422/2001 is repealed.

2422/2001 (adapted)

Article 15

Final provisions

This Regulation shall enter into force on the 30th twentieth day following that of its

publication in the Official Journal of the European Communities Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

[to fill]

Council/EP (100%)

Council/EP (100%)

Regulation 2422/2001 This Regulation

Article 6(1) -

Article 6(2) -

Article 6(3) Article 6

Article 8(2) -

Article 8(3) Article 8(2)

• - 

  Article 8 (2a)

Article 8(4) Article 8(3)

Article 10, second subparagraph, last sentence -

• - 

  Article 10, second subparagraph, last sentence

Article 11, point 3 [...] Article 11, point 3a

• - 

  Article 11(3)
• - 

  Article 12a

Article 13 -

Article 14, first subparagraph Article 13

Article 14, second subparagraph -

• - 

  Article 14

Annex -