COUNCIL OF Brussels, 12 July 2007
THE EUROPEAN UNION
ENER 193 RELEX 529 CODEC 740
NOTE from :
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)
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
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)
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,
(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)
(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
2422/2001 recital (2)
(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
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
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
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
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
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
2422/2001 recital (12)
(10) It is desirable to coordinate energy-efficiency requirements, labels and test methods
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)
(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
2422/2001 recital (15)
(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
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)
(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
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.
(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
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,.
(22) This Regulation takes into account the experience gained during the initial period of
HAVE ADOPTED THIS REGULATION:
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.
For the purposes of this Regulation:
(a) "Common Logo" means the mark referred to in the Annex I to the Agreement ;
(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;
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.
2.The cCommon lLogo may be used by programme participants and other bodies on their
individual office equipment products and on the associated promotion.
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
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.
Registration of programme participants
1.Applications to become a programme participant may be submitted to the Commission.
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
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
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
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)
European Community Energy Star Board
1.The Commission shall establish a European Community Energy Star Board (ECESB) consisting
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.
4.3. The Commission shall establish the ECESB's rules of procedure, taking account of the views
of Member States' representatives in the ECESB.
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.
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
(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,;
outline proposals for educational and promotional campaigns and other necessary actions,
(ba) educational and promotional initiatives;
(c) proposals for coordination and cooperation between the Energy Star programme and other
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.
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
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.
2.3. The Commission shall consult the ECESB whenever it receives a proposal for revision of the
Agreement from the USEPA.
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
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.
Market surveillance and control of abuses
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.
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.
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.
Within 12 months of the entry into force of this Regulation, Member States shall inform the
Article 14 13
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
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
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 10, second subparagraph, last sentence -
-Article 10, second subparagraph, last sentence
Article 11, point 3 [...] Article 11, point 3a
Article 13 -
Article 14, first subparagraph Article 13
Article 14, second subparagraph -