# EUR-Lex - 52012PC0109 - EN

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# 52012PC0109

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a European Union energy-efficiency labelling programme for office equipment amending Regulation (EC) No 106/2008 on a Community energy-efficiency labelling programme for office equipment /* COM/2012/0109 final - 2012/0049 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Regulation (EC) No 106/2008 sets out the
rules for implementing the Energy Star programme for office equipment
(computers, displays, printers, copiers, scanners, etc.) in the European Union.
The Energy Star programme is implemented in the EU on the basis of an Agreement
between the Government of the United States of America and the European
Community on the coordination of energy efficiency labelling programmes for
office equipment[1]which
expired in December 2011. On 12 July 2011 the Council adopted a Decision
authorising the Commission to negotiate a new 5-year agreement and the
negotiations were concluded on 29 November 2011. The purpose of this
proposal for an amendment of Regulation (EC) 106/2008 is to adapt the
implementation of the Energy Star programme to a new agreement. A proposal for
a Council Decision for the signature and conclusion of the new Energy Star
Agreement is presented to the Council with this proposal for an amendment of Regulation
(EC) 106/2008.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The proposals for
the new Agreement and the amendment of Regulation (EC) 106/2008 take into
account the experience gained during the first two periods of implementation of
the Energy Star programme in the EU from 2001 to 2010, as well as the
consultations of the European Union Energy Star Board.

The detailed
rationale for continuing the Energy Star Programme for a third period of five
years is set out in the Communication on the implementation of the Energy Star Programme
in the period 2006-2010[2],
and in the Recommendation from the Commission to the Council to open
negotiations for the second Energy Star Agreement. The main points are
summarized hereinafter:

–
Energy Star has been very
effective in steering the office equipment market towards greater energy
efficiency. It has succeeded in reducing the
electricity consumption of office equipment sold in the last 3 years by around
11 TWh, i.e. by approximately 16 %. As a result more than EUR 1.8 bn have been
saved on energy bills and 3.7 Mt of CO2 emissions have been avoided.

–
It provides a flexible and dynamic policy
framework, particularly well suited to fast-evolving products such as ICT.

–
The EU and the US should continue to cooperate
on developing product specifications with the same level of requirements being
introduced at approximately the same time by both
entities.

–
Given the intention of the US to introduce
third-party certification to the programme, the agreement should continue under
two distinct product registration systems with self-certification applied in
the EU and third-party certification applied in the US. The end of the mutual recognition principle is not expected to have a
negative impact on manufacturers participating in the EU programme as they are
focused primarily on the EU market.

–
Manufacturers have indicated the requirement for
central government authorities to purchase office equipment at least as
efficient as Energy Star as the primary driver for their participation in the
programme. Moreover, as a significant proportion of
them participate in public tenders in Member States other than where they are
established, a reinforcement of the provisions on public procurement should be
considered. Additional rationale for strengthening the provisions on public
procurement is provided in the Impact Assessment[3]
accompanying the proposal for an Energy Efficiency Directive[4].

–
Although the available data shows a high degree
of compliance, the Commission and the Member States should cooperate closely on
the thorough enforcement of the programme and should review
the effectiveness of this enforcement no later than 18 months after the
conclusion of the agreement. In this connection the respective obligations of
the Commission and the Member States regarding the enforcement of the programme
should be clarified.

–
The Commission will continue to monitor the
impact of the changes proposed by the US and of the Energy Star Programme on
energy savings, manufacturers and compliance. At least two
years before the expiry of the new agreement it will analyse possible options
for addressing the energy consumption of office equipment, including replacing
Energy Star with alternative policy instruments.

3.           LEGAL ASPECTS OF THE
PROPOSAL

The primary purpose of this proposal for an
amendment of Regulation (EC) 106/2008 is to adapt the implementation of the
Energy Star Programme to the new Agreement between the Government of the United
States of America and the European Union on the coordination of energy-efficiency
labelling programmes for office equipment.

The only substantive amendment to the
proposal is the deletion of Article 4(4) of Regulation 106/2008, which states
that "Office equipment products for which use of
the Common Logo has been granted by USEPA shall be deemed to comply with this
Regulation, unless there is evidence to the contrary". Until now the programme in the EU and the US has operated on the
basis of self-certification by manufacturers. The success of the programme in
the EU is considered to be partly based on such lightweight product
registration procedures. However, the US has decided to move to third-party
certification for products placed on the US market. Such an approach is not
recommended for the EU market. It could negatively impact on the programme and
place SMEs at a disadvantage in relation to big manufacturers. Thus under the
new agreement the programme will have to function under two separate
product-registration systems. Products placed on the EU market will need to be
registered with the European Commission, while products placed on the US market
will need to register through third parties accredited under the US Energy Star
Programme. This means that the principle of mutual recognition will no longer
be applicable:

Other amendments aim at updating the
references to existing legislation (in Article 4) and to the new agreement (in
Article 11), as well as updating the name of the Energy Star Board (in Article
8). Article 12 provides a clarification of the responsibilities of the
Commission and Member States for the enforcement of the Programme. Article 4
and 7, as well as Article 13 and 14 are merged.

The Communication on the implementation of
the Energy Star programme in the period 2006-2010 concluded that consideration
should be given to strengthening the provisions on public procurement. However as a timely implementation of the Energy
Star programme under the new agreement depends on the swift adoption of the
amended regulation substantial changes in the text are not being proposed. Instead,
the reinforcement of the public procurement provisions will be covered by the
proposal for an Energy Efficiency Directive[5]
which addresses public procurement in a comprehensive way. The amended
Regulation should take into account the provisions on public procurement of
this Directive.

The Commission will continuously monitor
the impact of the changes proposed by the US and of the Energy Star Programme
on energy savings, manufacturers and compliance. At least two years before the expiry of a new Agreement it will
analyse possible future options for addressing the energy consumption of office
equipment, including replacing Energy Star with alternative policy instruments.

4.           BUDGETARY IMPLICATIONS

The proposal aims at continuing the
implementation of an existing programme and therefore has no impact on operational
and administrative appropriations and on human resources.

2012/0049 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on a European Union energy-efficiency
labelling programme for office equipment amending Regulation (EC) No 106/2008
on a Community energy-efficiency labelling programme for office equipment

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 194(1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

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

Having regard to the opinion of the
Committee of the Regions,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Regulation
(EC) No 106/2008 of the European Parliament and of the Council of 15 January
2008 on a Community energy-efficiency labelling programme for office equipment[6] implements the Energy Star
Programme in the Union on the basis of the Agreement between the Government of
the United States of America and the European Community on the coordination of
energy-efficiency labelling programs for office equipment[7]. This Agreement expired on 28
December 2011 and the Council adopted a decision authorising the Commission to
negotiate a new five-year agreement with the United States. Negotiations
regarding a new agreement were concluded on 29 November 2011. Therefore, the
reference to the new agreement should be inserted.

(2)       It
is also necessary to update the references to Union labelling or quality-certification
schemes established by Directive 2009/125/EC of the European Parliament and of
the Council of 21 October 2009 establishing a framework for the setting of
ecodesign requirements for energy-related products[8], 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[9]
and by Regulation (EC) No 66/2010 of the European Parliament and of the Council
of 25 November 2009 on the EU Ecolabel[10].

(3)       This
amending Regulation provides a useful opportunity to insert a new name of the
Energy Star Board.

(4)       Article
4(4) should be deleted to take into account Article VI of the new agreement
which provides for two separate product certification schemes (self-certification for products placed on the Union market and
third-party certification for products placed on the United States market).

(5)       The link with the relevant
provisions of Directive [..../../EU] of the European
Parliament and of the Council on energy efficiency and repealing Directive
2004/8/EC and 2006/32/EC[11]
should be clarified in Article 6.

(6)       The respective obligations
of the Commission and Member States for the enforcement of the Energy Star Programme
set out in Article 12(3) should be clarified.

(7)       The assessment of the
Programme should include a consideration of alternative policy options and
provide sufficient time for an informed decision on a possible renewal of the
agreement.

(8)       Regulation (EC) No
106/2008 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 106/2008 shall be
amended as follows:

(1)
Article 4 is replaced by the following:

"Article 4

General principles

1.
The Energy Star programme shall be coordinated,
as appropriate, with other European Union labelling or quality certification
arrangements as well as with schemes such as, in particular, the European Union
Ecolabel award scheme, established by Regulation (EC) No 66/2010, the indication
by labelling and standard product information of the consumption of energy and
other resources by energy-related products, established by Directive 2010/30/EC
and measures implementing Directive 2009/125/EC. This coordination shall
include the exchange of evidence and, if appropriate, the setting of common
levels of specifications and requirements across the different schemes.

2.
Other existing and new voluntary
energy-efficiency labelling schemes for office equipment products in the Member
States may co-exist with the Energy Star programme.

3.
The Common Logo may be used by programme
participants on their individual office equipment products and on associated
promotional material.

4.
Participation in the Energy Star programme shall
be on a voluntary basis.

5.
Without prejudice to any European Union rules on
conformity assessment and conformity marking and/or to any international
agreement concluded between the European Union and third countries as regards
access to the European Union market, products covered by this Regulation which
are placed on the European Union market may be tested by the Commission or
Member States in order to verify their compliance with the requirements of this
Regulation.

(2)
Article 6 is replaced by the following:

"Article 6

Promotion of energy-efficiency
criteria

1.
For the duration of the Agreement central
government authorities within the meaning of Directive 2004/18/EC of the
European Parliament and of the Council of 31 March 2004 on the coordination of
procedures for the award of public works contracts, public supply contracts and
public service contracts[12],
shall, without prejudice to Union and national law and economic criteria,
specify energy-efficiency requirements not less demanding than the Common
Specifications for public supply contracts having a value equal to or greater
than the thresholds laid down in Article 7 of that Directive. This Article
shall apply without prejudice to the provisions laid down in Article 5 and
Annex III(f) of the Directive [..../../EU] of the European Parliament and of the
Council on energy efficiency and repealing Directive 2004/8/EC and 2006/32/EC[13].

2.
For the duration of the Agreement the Commission
and the other Union institutions shall, without prejudice to Union and national
law and economic criteria, specify energy-efficiency requirements not less
demanding than the Common Specifications for public supply contracts having a
value equal to or greater than the thresholds laid down in Article 7 of Directive
2004/18/EC.

(3)
Article 7 is deleted.

(4)
Article 8 is replaced by the following:

"Article 8

European Union Energy Star Board

1.           The
Commission shall establish a European Union Energy Star Board (EUESB)
consisting of national representatives referred to in Article 9 and
representatives of interested parties. The EUESB shall review the
implementation of the Energy Star programme within the Union and shall provide
the Commission with advice and assistance, as appropriate, to enable it to
carry out its role as Management Entity, as referred to in Article IV of the
Agreement.

2.           The
Commission shall ensure that, to the extent possible in the conduct of its
activities, the EUESB observes, in respect of each office equipment product
group, the balanced participation of all relevant interested parties concerned
with that product group, such as manufacturers, retailers, importers,
environmental protection groups and consumer organisations.

3.           The
Commission, assisted by the EUESB, shall monitor the market penetration of
products bearing the Common Logo and developments in the energy efficiency of
office equipment, with a view to the timely revision of the Common
Specifications.

4.           The
Commission shall establish the EUESB's rules of procedure, taking account of
the views of national representatives in the EUESB."

(5)
Article 11 is replaced by the following:

"Article 11

Preparatory procedures for the
revision of technical criteria

1.           With
a view to preparing for the 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 USEPA in accordance with the
procedures laid down in the Agreement and in Council Decision [...] of [...]
concerning conclusion of the Agreement between the Government of the United
States of America and the European Union on the coordination of
energy-efficiency labelling programmes for office equipment[14], the steps set out in
paragraphs 2 to 5 shall be taken.

2.           The
Commission may request the EUESB to make a proposal for the revision of the
Agreement or of the Common Specifications for a product. The Commission may
make a proposal to the EUESB for the revision of the Common Specifications for
a product or the Agreement. The EUESB may also make a proposal to the
Commission on its own initiative.

3.           The
Commission shall consult the EUESB whenever it receives a proposal for revision
of the Agreement from USEPA.

4.           When
giving their views to the Commission, the members of the EUESB shall take into
account the results of feasibility and market studies and available technology
for reducing energy consumption.

5.           The
Commission shall take particular account of the objective of setting Common
Specifications at an ambitious level, as provided for in Article I, paragraph
3, of the Agreement, with the aim of reducing energy consumption and shall have
due regard for the technology available and the associated costs. In
particular, the EUESB shall, before giving its views on any new Common
Specifications, take into account the latest results of ecodesign studies."

(6)
Articles 12 and 13 are replaced by the
following:

"Article 12

Market surveillance and control of
abuse

1.           The
Common Logo shall be used only in connection with the products covered by the
Agreement and in accordance with the Common Logo user guidelines contained in
Annex B to the Agreement.

2.           Any
false or misleading advertising or use of any label or logo which leads to
confusion with the Common Logo shall be prohibited.

3.           The
Commission shall ensure proper use of the Common Logo by undertaking or
coordinating action described in Article IX, paragraphs 2, 3 and 4, of the
Agreement. Member States shall take action as appropriate, notably described in
Article IX, paragraph 5, of the Agreement 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 to the Commission for initial action.

"Article 13

Review and revision

Before the Parties to the Agreement discuss
its renewal in accordance with Article XIV, paragraph 2 thereof the Commission shall evaluate the effectiveness of the Energy Star
programme in improving the energy efficiency of office equipment and in
providing market opportunities for manufacturers, and asses alternative policy
options such as those provided by Union legislation, notably Directive
2009/125/EC and 2010/30/EC. The results of such an evaluation and assessment
shall be reported to the European Parliament and to the Council at least two
years before the expiry of the Agreement."

(7)
Article 14 is deleted

Article 2

Entry into force

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal of
the European 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

[1]               OJL 381, 28.12.2006, p.26.

[2]               COM(2011)337 final

[3]               SEC(2011) 779 final

[4]               COM(2011) 370 final

[5]               COM(2011) 370 final

[6]               OJ L 39, 13.2.2008, p. 1.

[7]               OJ L 381, 28.12.2006, p. 26.

[8]               OJ L 285, 31.10.2009, p. 10.

[9]               OJ L 153, 18.6.2010, p. 1.

[10]             OJ L 27, 30.1.2010, p. 1.

[11]             OJ L [...],
[...], p. [...].

[12]             OJ L 134, 30.4.2004, p. 114.
Directive as last amended by

Commission Regulation (EC) No
1422/2007 (OJ L 317, 5.12.2007,

p. 34).

[13]             OJ L [...],
[...], p. [...].

[14]             OJ L [...],
[...], p. [...].