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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Introduction

1.1. Information and communication technology (ICT) equipment accounts for a large proportion of electricity consumption in the tertiary and domestic sector in the Community. The Commission investigated with independent experts and industry the best policy instruments to reduce this consumption. The Commission concluded that the most effective and cost-effective measure to reduce the energy consumption of ICT equipment was to introduce a voluntary labelling programme, using a logo to identify the most efficient equipment on the market. Moreover the Commission decided in 1994 in agreement with Member State experts and European manufacturers, that the best way of reducing the energy consumption of ICT equipment was to use the Energy Star Programme in the Community, a voluntary labelling programme introduced in 1993 in the United States of America. A Community programme based on the Energy Star logo would have allowed to maximise industry participation, and hence energy savings, since several manufacturers were already familiar with the US Energy Star programme. Moreover this programme would have also promoted international trade and avoided barriers to trade, because it would facilitate the procedures for industry to participate in a labelling scheme common in the USA and the Community.

1.2. On 14 February 1996, the Commission requested a mandate [1] to negotiate an agreement with the USA and Japan on the co-ordination of labelling programmes for energy-efficient office equipment. In September 1996, the Council authorised [2] the Commission to negotiate an agreement with the USA and Japan, and approved a set of negotiating directives. Japan decided in February 1998 to withdraw from the negotiations. The Commission subsequently continued the negotiation with the USA for a bilateral agreement based on the same mandate, with the agreement of the Council.

[1] SEC(96) 224 final.

[2] Doc. 9485/1/96 ENER 120 ENV 280 RELEX 30 REV1.

1.3. The negotiations resulted in a draft agreement between the Community and the USA, which the Commission submitted to the Council on 2 July 1999 together with a proposal for a Council Decision to conclude the agreement [3]. In particular, the Commission indicated that the proposed Energy Star programme would contribute to the Community's objective of reducing CO2 emissions, it would result in large economic savings for ICT equipment users, while offering consumers a tool to contribute to a more sustainable use of energy resources and would facilitate international trade for this type of equipment. Moreover, the Commission proposal took into account the interest of the Community economic operators and it was strongly supported by the Community ICT industry. The need and the advantages of a Community energy-efficient labelling programmes for ICT equipment using the Energy Star Logo have been clearly stated in the Explanatory Memorandum attached to the Commission Request for the mandate to negotiate the agreement, and also in the Commission proposal for a Council Decision to conclude the agreement.

[3] COM(1999) 328.

1.4. During the negotiation of the agreement, it emerged the clear need for a Community Regulation to implement the terms of such agreement. The Commission indicated in the Explanatory Memorandum attached to the proposal for the conclusion of the agreement that it would present a proposal for a Council Regulation on a Community labelling programme for ICT equipment. Moreover, the draft agreement states that the common logo (the Energy Star Logo) would be introduced in the Community through Community legislation as a sign or marking. The present proposal for a Council Regulation is therefore foreseen in the draft agreement, because it is needed for its proper implementation.

2. The need for a Community Regulation

2.1. The need for a Community Regulation arises because a number of provisions in the draft agreement can only be fulfilled through the introduction of Community legislation. The following provisions are laid down in the draft agreement:

- the establishment of the Commission as Management Entity for the European Community. In particular the Commission would be responsible on behalf of the Community for the revisions of the draft Agreement. Moreover, the Commission would be charged with the administration of the Energy Star labelling programme in the Community; this will include the maintaining the program participants list and the compliant product list, and the data exchange between EU and US.

- The undertaking of effective measures to educate consumers about the Energy Star logo to stimulate market demand.

- The effective protection of logo and the enforcement of its correct use by industry.

- The revision of the technical specifications and the product groups covered by the agreement.

2.2. In particular, the draft agreement foresees for the Energy Star Logo a dual nature: of a certification mark, registered by the US EPA, in the US market, and of a sign or marking, introduced by Community legislation, in the Community. In fact the U.S. Environmental protection Agency (US EPA) is the owner of the Energy Star Logo; as the owner Energy Star Logo, US EPA has register the mark in the US market, and is investigating the possibility to register the logo in the Community. In the Community, the Energy Star Logo will be consider as a sign or marking, introduced by the present Regulation. The main reason for this is to enable the Commission and Member States to enforce the correct use of the logo in an effective manner, using administrative legislation and to avoid the use of trade mark law to protect the logo in the Community area. The present proposal would thus enable the introduction of the Community sign or marking for the proposed labelling programme.

2.3. The second most important reason to introduce Community legislation is to establish the process for the revision of the technical specifications and the products covered by the draft agreement. The Commission will represent the Community vis-à-vis US EPA in the procedures to change the technical specifications and the product groups covered. It is clear that the decision-making process to prepare the Community position (both in proposing changes to US EPA or in replying to changes proposed by US EPA) has to involve Member States. These "internal" procedures, which are clearly outside the scope of the draft agreement, are fully described in the proposed Regulation. This would meet Member States' request to be associated to the revision process..

3. Objectives and main features of the proposed Regulation.

3.1. The scope of the proposed Regulation is to implement the draft Agreement in the Community and establish a Community voluntary labelling energy programme (the "Energy Star Programme"). In particular, the main objectives of the proposed Regulation are to introduce in the Community the Energy Star Logo as a sign or marking, to describe the rules for its use, to prohibit its misuse, and to establish the general rules and procedures for the Community Energy Star labelling programme, including the procedures for the revisions foreseen in the draft Agreement.

3.2. Although the draft Agreement could in principle cover all types of equipment, the Commission proposal is only confined to information and communication technology (ICT) equipment as originally requested in the mandate. The list of the products covered by the present proposal will be updated following the revisions of the draft agreement and it will be published by the Commission in the Official Journal, whenever changed (Article 11).

3.3. The main characteristic of the two co-ordinated Energy Star programmes is that they are voluntary labelling schemes based on a common logo to be used only on products that meet the technical specifications. Participants enter voluntary one of the two co-ordinated programmes by registering as participants with one of the two Management Entities. Participants may use the logo on products that meet the Specifications, either by self certifying the products or by using independent test house. Each Management Entity can check labelled products on its own market. Products registered with one of the two Management Entities must be recognised by the other. These points are fully reflected in the present proposal (Article 4 & 5).

3.4. The equipment covered by the proposed Regulation is subject to fast technical change. Accordingly, the draft Agreement has been negotiated to allow for changes both to the technical specifications and to the product groups covered. There is the need to keep the "internal" procedures for revisions flexible and rapid to be implemented, in order to respond in short time to market and technological change, and to proposals made by the US EPA. Moreover, particular care has been taken to allow national independent technical experts, industry and other interested parties to advise the Commission on the technical issues. The overall responsibility for the management of the Community Energy Star labelling programme is assigned to the Commission (the Management Entity), assisted by a technical body the European Union Energy Star Board .

3.5. The proposed Regulation foresees that Member States appoint a "national" body (it is expected that the national energy agency or a similar body will be appointed by Member States for this role; more than one national organisation can perform this role) (Article 9). The main role of the national body is to give technical advise to the Commission in order to prepare the EU position to review the specifications and the product coverage. Other function performed by the national bodies would be: to act as a local information point to give to the public general information about the Energy Star programme, to receive application forms from potential programme's participants and forward them to the Commission, and to promote the Energy Star programme (Articles 5, 6 & 14).

3.6. The national bodies together with representatives of industry and other interested parties form the European Union Energy Star Board ("EUESB") (Article 8). The EUESB is the body to discuss technical matters related to: the current specifications; the EU proposals for revision of the technical specifications and the inclusion of additional product groups; and the preparation of Community position vis-à-vis any technical proposal made by the US EPA. It is the responsibility of the EUESB to review the current specifications and product group coverage, to suggest improvements to the implementation of the Energy Star programme, to comment on proposals made by US and to make recommendations to the Commission for the negotiations. Both the Commission and the EUESB can table items for discussion in the EUESB. As the revision of the technical specifications includes highly specialised technical work, it is essential that a "technical" and independent body assist the Commission. The EUESB will therefore carry out this task, thus relieving the Commission from it. The Commission will present a proposal for the rules of procedure of the EUESB. The EUESB shall be chaired by a representative of the Commission.

3.7. The procedures to be followed by the two Management Entities for the revision of technical specifications and product groups covered are fully described in the draft agreement. The proposed Regulation describes (Article 11) the internal procedures for preparing the EU proposal to be presented to the U.S. EPA. The proposed Regulation foresees that the Commission gives a mandate to the EUESB. The mandate describes the scope of the EU proposal for the revision of the technical specifications and product coverage. The mandate is prepared by the Commission on its own initiative or at request of the EUESB. Moreover the Commission gives a mandate to the EUESB any time it receives a proposal from US EPA. The EUESB prepares within the time delay fixed in the mandate the EU draft proposal, which will be used by the Commission in the negotiations with US EPA. During the negotiations the Commission is assisted by a special committee appointed by the Council as foreseen by the draft Council Decision to conclude the agreement.. Once the amendment is adopted by both Management Entities, the Commission will publish in the O.J. the new technical specifications and product groups covered.

3.8. It is very important that the technical specifications are adapted to the technological progress, which for this type of equipment is rather fast. The proposed Regulation foresees (Article 10) that the Commission will present to the Council and Parliament, within six month from the entry into force of the proposed Regulation, a working plan, after having consulted the EUESB. The working plan will describe in details the overall Commission strategy for the development of the Energy Star Programme. In particular the working plan will contain for the subsequent three years a proposal for: the targets for the energy efficiency improvements, the scheme will seek to achieve; the market coverage it will aim for each individual product group; a non-exhaustive list of product groups which will be considered as priorities for inclusion in the Energy Star programme; concrete plans for co-ordination and co-operation between the Energy Star Programme and other voluntary energy labelling schemes in Member States covering the same product groups (e.g. the GEA voluntary labelling scheme). The working plan will also provide a description of the measures proposed by the Commission for the implementation of the measures foreseen in the draft Agreement (e.g. educational campaigns), and it will include clear indication on the financing of the these activities. Given the fast changing technology and market for the products covered by the proposal, it is obvious that the working plan shall be reviewed periodically.

3.9. Other National or regional labelling programmes can continue to be used or introduced to the extent that they have been recognised or authorised by the authorities of the Member State and they apply to specific national or regional objectives, or they introduce more stringent requirements than those established by the Energy Star programme. Moreover the Commission is keen on having the maximum possible collaboration with the national and regional schemes to maximise the benefits of these programmes. This co-ordination is necessary in order to prevent the potential negative effects related to a proliferation of uncoordinated schemes. Moreover there will be a close collaboration with the other Community labelling schemes and in particular with the Community Ecolabel scheme [4] and Energy labelling scheme [5]. Full collaboration is also envisaged with international standardisation bodies (e.g. IEC) and whenever possible mandates will be issue to establish international standards related to energy efficiency of ICT equipment.

[4] OJ L 99, 11.4.1992, p. 1.

[5] OJ L 297, 13.10.1992, p. 10.

3.10. All the activities foreseen by and necessary to implement this proposal will be financed by the SAVE programme. In particular the Commission will co-finance the Member States activities related to the Energy Star programme promotion and dissemination, through the procedures and budget of the SAVE Decision. The Commission will itself bear the costs linked to the task of the Management Entity, as described in the draft agreement.

3.11. To stimulate the participation by manufacturers in the programme and to set an example, it is recommended (Article 6) that Community Institutions, when procuring information and communication equipment consider in their call for tender to ask for equipment meeting the Energy Star programme specifications. The same recommendation is also given to Member States administrations.

4. Conclusions

In view of the contribution which the Energy Star Programme can give to energy efficiency in the European Union and taking into account the obligations laid down in the draft agreement, it is now essential to adopt a Community Regulation for its implementation, to achieve the following objectives:

- to implement in the Community the Energy Star Programme as foreseen in the draft agreement, as a voluntary labelling scheme;

- to set out procedural principles for the operation of the Energy Star Programme, aimed in particular at ensuring the efficiency and transparency of the Energy Star technical specifications revision process;

- to ensure Member States participation in the process of revisions of the technical specifications and product group list;

- to attribute the task of establishing Energy Star technical requirements to an technically competent organisation, the EUESB, which would act on mandate by the Commission;

- to ensure complementarity between the Community scheme and other national energy labelling schemes in the EU;

- to enforce the proper use of the Energy Star logo and avoid and misuse;

- to stimulate the purchase of efficient equipment by public procurement requiring equipment, which meets the specifications.

The current Proposal will not have any financial implications as all the expenditures will be borne by the SAVE Programme.

2000/0033 (COD)

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

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 [6],

[6] OJ C ...

Having regard to the opinion of the Economic and Social Committee [7],

[7] OJ C ...

Having regard to the opinion of the Committee of the Regions [8],

[8] OJ C ...

Acting in accordance with the procedure laid down in Article 251 of the Treaty [9],

[9] OJ C ...

Whereas:

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

(2) Information and communication technology equipment accounts for a significant share of total electricity consumption; the most effective measures for reducing electrical consumption of this equipment 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.

(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 to trade in these products in the Community; it is desirable to harmonise these initiatives to minimise the impact on industry.

(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 action in Member States concerning health, safety, 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 the energy efficiency of this type of equipment.

(5) The adoption of such measures falls within Community competence; the requirements of this Regulation are within the limits of its objectives, thus conforming to the requirements of Article 5 of the Treaty.

(6) 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 dioxides (CO2) emissions and some 35% of primary energy consumption in the Community, these percentages are increasing.

(7) Furthermore, Council Decision 89/364/EC of 5 June 1989 on a Community action programme for improving the efficiency of electricity use [10] 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.;

[10] OJ L 157, 9.6.1989, p.32.

(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 C02 emissions within the Community.

(9) Decision 91/565/EC [11] established a programme to promote energy efficiency in the Community (the SAVE programme); and Decision 96/737/EC [12] established a new multi-annual programme (the SAVE II programme) to continue and strengthen the action of the original SAVE programme.

[11] OJ L 307, 08.11.1991, p.34.

[12] OJ L 335, 24.12.1996, p.50.

(10) Furthermore, the European Parliament and Council Decision 2179/98/EC [13] 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" indicated as key priority for the integration of environmental requirements in relation to energy to strengthen energy efficiency labelling of equipment.

[13] OJ L 275, 10.10.1998, p.1.

(11) The Council Resolution [14] of 7 December 1998 on energy efficiency in the European Community called on the increased use of labelling of appliances and equipment.

[14] OJ C 394, 17.12.1998, p.1

(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 electricity savings within a few years.

(13) In the interest of international trade, energy efficiency requirements, labels and test methods should be harmonised wherever appropriate.

(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-ordination of Energy-Efficient Labelling programmes, known as the Energy Star Programme. This agreement has been concluded by Council Decision [15] of ..., would facilitate international trade for this equipment. This Regulation is aimed at implementing the above agreement in the Community.

[15] OJ L ...

(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 communication technology equipment;

(17) Directive [16] (92/75/EEC) on the indication by labelling and standard product information of 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.

[16] OJ L 297, 13.10.1992, p.16.

(18) It is necessary to assign the task of contributing to setting and reviewing the technical specifications to an appropriate body, the European Union Energy Star Board (EUESB), in order to achieve an efficient and neutral implementation of the scheme. The EUESB should be 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 the indication by labelling and standard product information of the consumption of energy and other resources by household appliances and by Council Regulation [17] (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme;

[17] OJ L 99, 11.4.1992, p.1.

(20) Provisions should be established aimed at ensuring consistency and complementarity between 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;

(21) It is necessary to guarantee transparency in the implementation of the Scheme and to ensure consistency with relevant international standards in order to facilitate access and participation in the scheme for manufacturers and exporters of countries outside the Community;

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1. This Regulation establishes the rules for the Community voluntary energy labelling programme (hereinafter the "Energy Star Programme") as defined in the agreement (hereinafter "the Agreement") between the Community and the United States of America on the co-ordination of energy efficient labelling programmes.

2. The Agreement is intended to stimulate international trade of information and communication technology equipment, by facilitating the procedures for economic 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.

3. The Energy Star Programme shall be co-ordinated with other Community labelling or quality certification arrangements as well as schemes such as, in particular, the Community ECO-label award scheme as established by Council Regulation (EEC) No 880/92

Article 2

Scope

1. This Regulation shall apply only to the information and 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.

Article 3

Definitions

For the purpose of this Regulation, the following definitions are taken over from the Agreement :

(a) "Energy Star Logo" means the sign or marking designated in Annex A of the Agreement and reproduced in Annex I;

(b) "Programme Participants", as defined in article 2 of the Agreement, means manufacturers, importers and retailers that commit themselves to sell designated energy-efficient products that meet the specifications of and who have chosen to participate in the Energy Star Labelling Programme by having registered with the Commission;

(c) "Specifications" 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 manufacture or place on the Community market.

2. Products which meet the Specifications, and for which the use of the Energy Star Logo has been granted by the "United States Environmental Protection Agency" (U.S. EPA), are deemed to comply with this Regulation, unless there is evidence to the contrary.

3. Where the provisions of this Regulation are satisfied, Member States cannot prohibit nor restrict the placing on 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 Community and third countries as regard access to the 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..

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 to the Commission by manufacturers, importers and retailers. National Bodies will send the application 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 Logo User Guideline contained in Annex B of the Agreement.

Article 6

Promotion of the Energy Star Logo

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 development of the Energy Star Programme.

2. In order to encourage the purchase of Energy Star products the Commission and other institutions of the European Community, as well as other public authorities at national level should, without prejudice to Community law, use the Energy Star Specifications when defining their requirements for information and communication technology products.

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 regional objectives, or they introduce more stringent requirements than those established by the Energy Star programme.

2. The Commission and the Member States shall act in order to ensure the necessary co-ordination between the Energy Star Programme and national schemes in the Member States, in 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

1. The Commission shall establish a European Union Energy Star Board consisting of representatives of the National Bodies mentioned in Article 9 as well as relevant interested parties, hereinafter referred to as the "EUESB". 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.

2. The Commission shall ensure that to the extent possible 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.

3. The rules of procedure of the EUESB shall be established by the Commission.

Article 9

National bodies

Each Member State shall designate that the body or bodies (hereinafter referred to as the "National Body" or " National Bodies"), responsible for carrying out the tasks provided for in this Regulation,. Where more than one National Body is designated, the Member State shall determine those bodies' respective powers and the co-ordination requirements applicable to them.

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 from the entry into force of 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:

- 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 Energy Star Programme and other voluntary energy labelling schemes in Member States.

The Working Plan shall be reviewed periodically.

Article 11

Procedures for the revision of the Agreement

With a view to the revising the Specifications and of the product groups covered by the Agreement, and before 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:

1. The Commission may begin the procedure on its own initiative or at the request of the EUESB. If appropriate, the Commission, shall issue a request 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, take due account of the Working Plan laid down in Article 10.

2. The Commission, shall issue such a request to the EUESB whenever it receives a proposal for revision from the U.S. EPA.

3. On the basis of the request, the EUESB shall draft a proposal for the revision of the Specifications 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.

4. The Commission shall take into account the EUESB proposal for the revision of the Specifications and product coverage in the negotiations with the U.S EPA.

5. Once the negotiations are concluded in accordance with the procedures laid down in the Council Decision [18], the Commission shall publish the new set of Specifications and product groups covered by the Energy Star Programme in the Official Journal.

[18] OJ L ...

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 shall put into place a surveillance mechanism to ensure conformity with the provisions of this Regulation.

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 Regulation, Member States shall take effective, proportional and dissuasive sanctions and communicate these to the Commission.

Article 13

Information

Each Member State shall ensure that consumers and undertakings 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.

Member States may provide for the insertion of the following explanatory text next to the logo: "Awarded to products which meets the energy-efficiency requirements of the Energy Star scheme"

Article 14

Implementation

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 15

Revision

1. Within five years of the entry into force of this Regulation, and prior to any renewal of the Agreement, the Commission shall review the Energy Star Programme in the light of the experience gained during its operation.

2. If appropriate, the Commission shall thereby propose any amendments to this Regulation, in particular, in the case the Agreement will be terminated.

Article 16

Final provisions

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.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX 1

Energy Star Logo

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Black & White Version

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Colour version

IMPACT ASSESSMENT FORM THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

Title of proposal: PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL REGULATION ON A COMMUNITY ENERGY EFFICIENCY LABELLING PROGRAMME FOR OFFICE AND COMMUNICATION TECHNOLOGY EQUIPMENT

Document reference number: 99013

The proposal

1. Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims-

The proposal consists in the Community Regulation, which id needed for the implementation of the draft Agreement on the co-ordination of labelling programmes for energy efficient Office and Communication Technology Equipment (OCTE), between the European Community and the USA.

OCTE (personal computers, monitors, fax machines, scanners, copiers and printers) is responsible for a large share of electricity consumption in the tertiary sector. The present electricity consumption of OCTE is about 50 TWh per year. The proposed co-ordinated labelling programme (the Energy Star Programme) is expected to account for electricity savings of about 10 TWh (and about 5 M tonnes of CO2 emissions) per year in year 2015 in a very cost effective manner.

Member States' and independent experts indicated that the most effective and cost-effective measure to reduce energy consumption of OCTE is to introduce a voluntary labelling programme, using a logo to identify the most efficient OCTE on the market. Moreover some other important points were made by the above mentioned experts: OCTE is a fast changing product area, where technical development happens at a very fast pace. Therefore in order to follow technological development a voluntary labelling programme based on self assessment is the recommended option. Moreover OCTE is traded world-wide (e.g. industry produces monitors in one country and ships them all around the world), therefore for manufacturers it is essential to harmonise energy efficiency requirements, test methods and labels to avoid the need to comply with many conflicting technical criteria. Energy efficient OCTE has the capability to reduce the power consumption while in stand-by, however it required the involvement of the users or the companies' IT managers to enable this features; as consequence there is the need to accompany any label with a strong information action to educate users to enable the energy saving features. In the United States of America, US EPA has introduced in 1993 a voluntary labelling programme for office equipment, the Energy Star Programme. This programme has been very successful since the beginning, resulting in large manufacturers' participation, in driving the vast majority of manufacturers to introduce the energy savings features, and in raising consumer awareness for stand-by losses of office equipment. The Commission therefore proposed to introduce the Energy Star Programme in the Community and to this end requested a Negotiating Mandate to the Council in 1996. The Commission negotiated with the USA an agreement on the co-ordination of labelling programme, based on the Energy Star logo, and in July 1999 submitted to the Council a proposal for a Decision to conclude the agreement.

In accordance with the subsidiarity principle, the action proposed would achieve the largest results in terms of environmental impact if carried out at least at Community level. In addition potential barriers to trade, which would follow the introduction of national labels, could be avoided. Moreover in line with the requirements of Article 5 of the Treaty, which states that Community actions should not be unduly onerous or intrusive a voluntary system is proposed, and, as suggested by manufactures, is co-ordinated with other initiative in third countries, namely the USA.

The impact on business

2. Who will be affected by the proposal-

- which sectors of business

Manufacturers of personal computers, monitors, printers, fax machines, multimedia terminals, scanners, and copiers; also the manufacturers of information technology components, such as microprocessors, power supplies, etc., and software.

- which sizes of business (what is the concentration of small and medium-sized firms)

The market for the OCTE covered by the proposed programme is dominated by large multinational companies. These large multinational companies tend to manufacture the products in several countries world-wide, including several Member States. Mainly for personal computers, there are several medium and small sized businesses; the very small one are selling their products only in their local markets or for very specifics tasks. It is important to distinguish between small/medium size companies, which tend to develop products of their own design, and small ones for which the main activity consist in assembly components designed and made elsewhere. The proposed labelling scheme is aimed mainly to medium and large sized companies, although there will be not any problem for small sized companies to participate, if they wish. For the other products covered by the proposal there are mainly medium sized manufactures, with some exception for printers.

- are there particular geographical areas of the Community where these businesses are found

The producers of personal computers are located in almost all Member State (although less present in Portugal and Greece); the large multinational companies have relocated their production plants in countries with low labour cost, while very small companies are evenly distributed in the territory given the fact that they tend to serve the local market; monitors, copiers and printers tend to be produced outside the Community.

3. What will business have to do to comply with the proposal-

The proposed co-ordination of labelling scheme aims to reduce the energy losses of office equipment when not in use, but it is left on. OCTE, which has a low stand-by energy consumption, and meets the programme specifications, will be labelled : in such a way consumers awareness will be increased and a market for these products would be created. In the USA the Energy Star label was introduced by the US Environmental Protection Agency. Because it was supported by the US government and large US companies, it has become de facto the "world-wide" label. Because some Member States have indicated their desire to introduce energy labels for this type of equipment. The Commission, when discussing with manufacturers on the possible measures to reduce energy consumption, was warned on the difficulties for them to cope with different labels, standards and measurement methods; manufactures requested whenever possible to harmonise world-wide standards and labels. Therefore the proposal aims to co-ordinate energy labelling programmes amongst the two largest markets areas : the European Community and the USA.

Different technical solution (both hardware and software based) are available to power down equipment when not in use; for personal computers these solution were first introduced in battery powered lap-top models. Today several models of personal computers, printers, monitors, fax and copiers are available with energy saving features for the stand-by mode at no extra cost. The components are available from different sources, often already available in the microprocessors: in most of the cases the manufactures have only to turn on these features or tell their customers how to do it (for example in the user manual).

When manufacturers satisfies the criteria for one of their products, they can take part in the voluntary scheme and use the label on that product, if they wish so.

4. What economic effects is the proposal likely to have-

- on employment

Because there will be not any significant production cost increase for equipment which would satisfy the criteria for the label, it is not expected that sales will be affected at all, on the contrary manufacturers using the label could add an additional selling point to their products. Therefore there will be not any negative effect on employment.

- on investment and the creation of new businesses

The participation to the voluntary labelling scheme by companies will not require any additional investment nor the creation of new business.

- on the competitiveness of businesses

By participating to the labelling scheme, manufactures could add an additional selling point to their products. There are already some Member States and large companies, such as banks, insurance companies etc., which require energy efficient labelled equipment for their procurement; therefore by introducing the scheme to European firms their competitiveness could be increased. Moreover the European firms' interests can be better taken care since the Community will become the official party in the running of the Energy Star Programme.

5. Does the proposal contain measures to take account of the specific situation of small and medium-sized firms (reduced or different requirements etc)-

By participating in the co-ordination of labelling programmes, the Community could make sure that the Energy Star labelling scheme would not at all disadvantage small and medium sized European manufacturers.

Consultation

6. List the organisations which have been consulted about the proposal and outline their main views.

Several meeting have been organised with expert form national energy agencies, representatives of Member States and manufacturers. A comprehensive study has been carried out by a study group led by University of Bordeaux and discussed with all interested parties. European Computer manufacturers were consulted during the study. They showed interest in participating in a voluntary energy label, their only recommendation was to consider a world-wide labelling scheme, if possible because their goods were produced for a world-wide market; they were opposed to the creation of a new European label and warned the Commission of the negative consequences of a proliferation of national labels. In addition with consultations with individual manufactures, Eurobit (the European Association of Manufacturers of Business Machines and Information Technology Information Industry) and EPMI (European Printers Manufacturers Association) were consulted, both expressed very favourable opinion toward the Commission initiative.

Contact point

To receive a copy of the above study and for any inquiries, comments and to receive further information please contact:

Mr Paolo BERTOLDI

European Commission, DG ENER/C1

Rue de la Loi, 200

B-1049 Brussels

Tel: +32-2-2952204

Fax: +32-2-2964254

E-mail: Paolo.Bertoldi@cec.eu.int