Proposal for a Regulation of the European Parliament and of the Council on a Community Energy Efficiency Labelling Programme For Office and Communication Technology Equipment
30. 5. 2000 EN Official Journal of the European Communities C 150 E/73 Proposal for a regulation of the European Parliament and of the Council on a Community Energy Efficiency Labelling Programme For Office and Communication Technology Equipment (2000/C 150 E/08) (Text with EEA relevance) COM(2000) 18 final - 2000/0033(COD) (Submitted by the Commission on 28 January 2000) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty, Whereas: (1) It is important to promote measures aimed at the proper functioning of the internal market. for a significant (2) Information and communication technology equipment accounts electricity consumption; the most effective measures for reducing electrical consumption of is to reduce the stand-by consumption; the various models available on the Community market have very different levels of consumption in stand-by mode. this equipment share of total (3) Some Members States might be on the point of adopting provisions relating to the energy labelling of information and communication technology equipment, which might create barriers in the Community; it is desirable to harmonise these initiatives to minimise the impact on industry. in these products to trade (4) 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 safety, action in Member States environmental protection and consumer protection; this Regulation ensures a high level of protection for both the environment and the consumer, in aiming at a significant improvement of this type of equipment. the energy efficiency of concerning health, (5) The adoption of such measures falls within Community competence; this Regulation are within the limits of its objectives, thus conforming to the requirements of Article 5 of the Treaty. the requirements of (6) Moreover, Article 174 of the Treaty calls for the protection and improvement of the environment and prudent and two rational utilisation of natural objectives being among those of the Community policy on and consumption account for 30 % of man-made carbon dioxides (CO2) emissions and some 35 % of primary energy consumption in the Community, these percentages are increasing. environment; generation resources, electricity these the (7) Furthermore, Council Decision 89/364/EC of 5 June 1989 on a Community action programme for improving the efficiency of electricity use (1) has as its twin objectives to encourage and equipment with high electrical efficiency and to improve the efficiency of appliances and equipment. consumers to favour appliances (8) The UNFCCC Protocol agreed in Kyoto on 10 December 1997 calls for a greenhouse gases emission reduction for the Community of 8 % by year 2012; in order to achieve this objective stronger measures are required to stabilise CO2 emissions within the Community. (9) Decision 91/565/EC (2) established a programme to promote energy efficiency in the Community (the SAVE programme); and Decision 96/737/EC (3) established a new multi-annual programme (the SAVE II programme) to continue and strengthen the action of the original SAVE programme. (10) Furthermore, and Council the European Parliament Decision 2179/98/EC (4) 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 sustainabilityí indicated as key priority for the integration of environmental requirements in relation to energy to strengthen energy efficiency labelling of equipment. (1) OJ L 157, 9. 6. 1989, p. 32. (2) OJ L 307, 8. 11. 1991, p. 34. (3) OJ L 335, 24. 12. 1996, p. 50. (4) OJ L 275, 10. 10. 1998, p. 1. C 150 E/74 EN Official Journal of the European Communities 30. 5. 2000 (11) The Council Resolution (1) of 7 December 1998 on energy efficiency in the European Community called on the increased use of labelling of appliances and equipment. resources by household appliances and by Council Regu- lation (3) (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme. (12) Most energy-efficient information and communication technology equipment are available at little or no-extra cost and they can pay for their initial cost through elec- tricity savings within a few years. (13) In the interest of requirements, harmonised wherever appropriate. international and labels trade, energy efficiency be should test methods (14) Information and communication technology equipment is world-wide traded. The Community and the United States of America have negotiated an agreement on the co-ordi- nation of Energy-Efficient Labelling programmes, known as the Energy Star Programme. This agreement has been concluded by Council Decision of. , would facilitate international trade for this equipment. This Regulation is in the aimed at Community. implementing the above agreement (15) An effective enforcement system is necessary to ensure that the Energy Star Labelling Programme is implemented properly, guarantees fair conditions of competition for producers and protects consumer rights. (16) This Regulation is confined to information and communi- cation technology equipment. (17) Directive (2) information of (92/75/EEC) on the indication by labelling and standard product the consumption of energy and other resources by household appliances would not be the most appropriate instrument for information and communication technology equipment; the most cost effective measures for promoting energy efficiency of information and communication technology equipment is a voluntary labelling programme. (18) It is necessary to assign the task of contributing to setting and reviewing the technical specifications to an appro- the European Union Energy Star Board priate body, in order to achieve an efficient and neutral (EUESB), the scheme. The EUESB should be implementation of composed of the national bodies. (19) It is necessary to ensure that the Energy Star Program is consistent and co-ordinated with the priorities of the Community policy and with other Community labelling or quality-certification schemes such as those established by Council Directive 92/75/EEC of 22 September 1992 on standard product the the consumption of energy and other information of indication by labelling and and complementarity should be established aimed at ensuring (20) Provisions consistency the Community Energy Star Programme and other voluntary labelling energy schemes in the Community, in order to prevent confusion for consumers and potential market distortions and increase the attractiveness of the Energy Star Programme for potential applicants. between (21) It is necessary to guarantee transparency in the implemen- the Scheme and to ensure consistency with tation of relevant to facilitate international standards access and participation in the scheme for manufacturers and exporters of countries outside the Community, in order HAVE ADOPTED THIS REGULATION: Article 1 Objectives 1. This Regulation establishes the rules for the Community voluntary energy labelling programme (hereinafter the Energy Star Programmeí) as defined in the agreement (hereinafter áthe Agreementí) between the Community and the United States of America on the co-ordination of energy efficient labelling programmes. of and information communication The Agreement is intended to stimulate international 2. technology trade economic equipment, by facilitating the procedures operators to participate in the Energy Star Programme. The Energy Star Programme is intended to maximise energy savings as well as consumer and environmental benefits by stimulating the supply of and demand for energy-efficient information and communication technology equipment. for Community The Energy Star Programme shall be co-ordinated with certification in particular, the established by 3. other arrangements as well as schemes such as, Community ECO-label Council Regulation (EEC) No 880/92. award scheme labelling quality or as Article 2 Scope This Regulation shall apply only to the information and 1. communication technology equipment product groups. Product group means any goods which serve similar purposes and are equivalent in terms of use and consumer perception. 2. The list of product groups covered by this Regulation is the one defined at any time in Annex C of the Agreement. (1) OJ C 394, 17. 12. 1998, p. 1. (2) OJ L 297, 13. 10. 1992, p. 16. (3) OJ L 99, 11. 4. 1992, p. 1. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/75 Article 3 Definitions For the purpose of this Regulation, the following definitions are taken over from the Agreement: (a) Energy Star Logoí means the sign or marking designated in Annex A of the Agreement and reproduced in Annex I; The decision to authorise an applicant to become a 2. Programme Participant shall be taken by the Commission, after verifying that the applicant has agreed to comply with the Logo User Guideline contained in Annex B of the Agreement. Article 6 Promotion of the Energy Star Logo (b) Programme Participantsí, as defined in article 2 of the Agreement, means manufacturers, importers and retailers that commit themselves to sell designated energy-efficient the specifications of and who have products that meet chosen to participate in the Energy Star Labelling Programme by having registered with the Commission; 1. Member States and the Commission shall in co-operation with the members of the EUESB, as referred in Article 8, promote the use of the Energy Star Logo by awareness-raising actions and information campaigns for consumers, producers, retailers and the general public, thus supporting the devel- opment of the Energy Star Programme. (c) Specificationsí are the energy-efficiency and performance requirements, including testing methods, used to determine qualification of energy-efficient products for the Energy Star Logo, as defined in Article 2 and Annex C of the Agreement. Article 4 General principles 1. The Energy Star Logo can be used by Programme Participants on their individual products, which they manu- facture or place on the Community market. Products which meet the Specifications, and for which 2. the Energy Star Logo has been granted by the the use of United States Environmental Protection Agencyí (U. S. EPA), are deemed to comply with this Regulation, unless there is evidence to the contrary. this Regulation are satisfied, 3. Where the provisions of the placing on Member States cannot prohibit nor restrict the market of information and communication technology equipment, on the ground that it bears the Energy Star Logo; nevertheless this shall not prevent the prohibition or restriction of equipment which fails to meet any other requirements of Community legislation. 4. Without prejudice to any Community rules as regards conformity assessment and conformity marking and/or to any international agreement concluded between the European to the Community and third countries as Community market, products covered by this Regulation which are placed on the Community market, may be tested in order to verify its compliance with the requirements of the present Regulation. regard access Article 5 Registration of Programme Participants 1. Applications to become a Programme Participant may be submitted either to the National Bodies, as referred in Article 9, or importers and retailers. National Bodies will send the application to the Commission. to the Commission by manufacturers, In order the Commission and other to encourage the purchase of Energy Star 2. products the European Community, as well as other public authorities at level should, without prejudice to Community law, national use the Energy Star Specifications when defining their requirements for information and communication technology products. institutions of Article 7 Other voluntary energy labelling schemes 1. Existing as well as new voluntary energy schemes in the Member States may co-exist with the Energy Star Programme to the extent that they have been recognised or authorised by the authorities of the Member States and they apply to specific national or they introduce more stringent requirements than those established by the Energy Star programme. regional objectives, or 2. The Commission and the Member States shall act in order to ensure the necessary co-ordination between the Energy Star in Programme and national schemes in the Member States, particular, in the selection of product groups as well as in the development and revision of the Specifications. Article 8 European Union Energy Star Board The Commission shall establish a European Union Energy 1. Star Board consisting of representatives of the National Bodies mentioned in Article 9 as well as relevant interested parties, hereinafter referred to as the EUESBí. The EUESB shall in particular contribute to the review of the Specifications as well as the product group coverage. The EUESB shall also advise the Commission on common information and education campaigns, and where appropriate co-ordinate them. The Commission shall ensure that to the extent possible 2. in the conduct of its activities the EUESB observes, in respect of each product group, a balanced participation of all relevant interested parties concerned with that product group such as manufacturers, retailers, importers, environmental protection groups, consumer organisations. C 150 E/76 EN Official Journal of the European Communities 30. 5. 2000 The rules of procedure of the EUESB shall be established 3. by the Commission. 2. The Commission, shall issue such a request to the EUESB whenever it receives a proposal for revision from the U. S. EPA. Article 9 National bodies Each Member State shall designate that the body or bodies (hereinafter referred to as the National Bodyí or National Bodiesí), responsible for carrying out the tasks provided for in this Regulation. Where more than one National Body is the Member State shall determine those bodies’ designated, respective requirements powers applicable to them. co-ordination and the Article 10 Working Plan In accordance with the objectives set out in Article 1, a Working Plan shall be established by the Commission within six months and presented to the Council and European Parliament this Regulation, following prior consultation of the European Union Energy Star Board (EUESB). The Working Plan shall include a strategy for the development of the Energy Star Programme, which should set out for the subsequent three years: from the entry into force of - 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; - a non-exhaustive list of product groups which should be considered as priorities for inclusion in the Energy Star Programme; - plans for educational and promotional campaigns and other necessary actions, to be co-financed, mainly, by the SAVE Programme; - plans for co-ordination and co-operation between the and other voluntary energy Energy Star Programme labelling schemes in Member States. The Working Plan shall be reviewed periodically. Article 11 Procedures for the revision of the Agreement the With a view to the revising the Specifications and of covered by the Agreement, and before product groups submitting a draft proposal or replying to the U. S. EPA according to the procedures laid down in the Agreement, the following steps have to be taken: issue a request 1. The Commission may begin the procedure on its own If appropriate, initiative or at the request of the EUESB. the Commission, shall to the EUESB to make suggestions for the revision of the Specifications as well as the products group covered by the Energy Star Programme. A deadline for completion of work shall be provided in the request. The Commission shall, when drafting the request, the Working Plan laid down in Article 10. take due account of for revision of the request, 3. On the basis of the the EUESB shall draft a proposal and products groups covered by the Energy Star Programme by taking into account the results of feasibility and market studies, and the available technology for reducing energy consumption as laid down in Article X of the Agreement. the Specifications 4. The Commission shall the EUESB proposal for the revision of the Specifications and product coverage in the negotiations with the U. S. EPA. take into account laid down in the Council Decision, 5. Once the negotiations are concluded in accordance with the procedures the Commission shall publish the new set of Specifications and Star covered Programme in the Official Journal. product groups Energy the by Article 12 Market surveillance and control of abuses 1. The Energy Star Logo shall be used only on the products covered by the Agreement and in accordance with the Logo User Guidelines, contained in Annex B of the Agreement. 2. Member States into place a surveillance mechanism to ensure conformity with the provisions of this Regulation. shall put 3. Any false or misleading advertising or the use of any label or logo which leads to confusion with the Energy Star Logo introduced by this Regulation is hereby prohibited. 4. In case of non-compliance with the provisions of this take effective, proportional Regulation, Member States shall and dissuasive sanctions and communicate these to the Commission. Article 13 Information Each Member State shall ensure that consumers and under- takings are informed by appropriate means of the following: (a) the objectives of the Energy Star Programme; (b) the product groups, which are covered; (c) the Specifications for each product group; (d) the registration procedures to be followed for participating in the Energy Star Programme; (e) the National body or bodies in the Member State. 30. 5. 2000 EN Official Journal of the European Communities C 150 E/77 Member States may provide for the insertion of the following explanatory text next to the logo: Awarded to products which meet the Energy Star schemeí. the energy-efficiency requirements of Commission shall review the Energy Star Programme in the light of the experience gained during its operation. Article 14 Implementation 2. If appropriate, the Commission shall thereby propose any amendments to this Regulation, in particular, in the case the Agreement will be terminated. Member States shall within six months of the entry into force of this Regulation inform the Commission of the measures taken to ensure compliance with this Regulation. Article 16 Final provisions Article 15 Revision 1. Within five years of the entry into force of this Regu- the lation, and prior to any renewal of the Agreement, This Regulation shall enter into force thirty days following the date of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. C 150 E/78 EN Official Journal of the European Communities 30. 5. 2000 ANNEX 1 ENERGY STAR LOGO Black & White Version Colour version