A4-0221/95

Proposal for a European Parliament and Council Directive on energy efficiency requirements for household electric refrigerators, freezers and their combinations (COM(94)0521 - C4-0020/95 - 94/0272(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 5

>Original text>

Whereas several Member States are on the point of adopting provisions relating to the efficiency performance of domestic refrigerators and freezers, which will create barriers to trade of these products in the Community;

>Text following EP vote>

Deleted

(Amendment 2)

Recital 10

>Original text>

Whereas on 29 October 1990 the Council set an objective of stabilising carbon dioxide (CO2) emissions in the Community at 1990 levels by the year 2000;

>Text following EP vote>

Whereas the EU has set the objective of stabilising carbon dioxide (CO2) emissions in the Union at 1990 levels by the year 2000; whereas this objective is likely to be unattainable, thus requiring stronger measures to stabilise CO2 emissions within the EU;

(Amendment 3)

Recital 12a (new)

>Text following EP vote>

Whereas the 'natural¨ gain in energy efficiency due to market pressures and improvement of production processes, estimated at around 2% a year, will contribute to the effort to reach stricter energy consumption norms;

(Amendment 4)

Recital 13a (new)

>Text following EP vote>

Whereas an efficient enforcement system is necessary to ensure the correct implementation of this Directive, guarantee fair competition among manufacturers and protect the rights of consumers;

(Amendment 5)

Article 3(3)

>Original text>

3. At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the showing of a refrigeration appliance which does not conform with the provisions of this Directive, provided that a visible sign clearly indicates that such an appliance does not so conform and that it is not for sale until it has been brought into conformity by the manufacturer or his authorized representative established in the Community.

>Text following EP vote>

Deleted

(Amendment 6)

Article 6(-1) (new)

>Text following EP vote>

-1. The implementation of this Directive by the Member States shall be based on the provisions defined in Annex II.

(Amendment 7)

Article (6)1

>Original text>

1. Where a Member State establishes that the CE marking has been affixed unduly, the manufacturer or his authorized representative established within the Community shall be obliged to make the product comply and to end the infringement under the conditions imposed by the Member State.

>Text following EP vote>

1. Where a Member State establishes that the CE marking has been affixed unduly, the manufacturer or his authorized representative established within the Community shall be obliged to make the product comply and to end the infringement under the conditions defined in Annex II.

(Amendment 8)

Article 6(2)

>Original text>

2. Where non-conformity continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market.

>Text following EP vote>

Deleted

(Amendment 9)

Article 8

>Original text>

Before the expiry of a period of four years from the adoption of this Directive, the Commission in consultation with interested parties shall make an assessment of the results obtained and expected. Following this assessment, the Commission shall consider the need for a new proposal for Community legislation to establish a second set of energy efficiency standards for household refrigeration appliances. If such a proposal is made, its energy efficiency standards and their timing for entry into force will be based on energy efficiency levels which can be economically and technically justified in the light of the circumstances at the time of the proposal. The proposal may also contain any other provisions judged necessary to improve the effectiveness of this Directive.

>Text following EP vote>

1. The second set of energy efficiency standards, as defined in Annex Ia, will enter into force five years after the adoption of this Directive.

2. Three years after the adoption of this Directive, and two years before the entry into force of the second set of energy efficiency standards for household refrigeration appliances, as defined in Annex Ia, the Commission, in consultation with interested parties, shall make an assessment of the results obtained and expected and the possibility of implementing stricter norms than those defined in Annex Ia. It shall inform the European Parliament of these results and conclusions. Following this assessment, the Commission shall consider the need for a new proposal for an amending Directive introducing a third set of energy efficiency standards. Such an assessment shall be carried out after the entry into force of each new set of standards. The norms shall be based on optimal technical and economic conditions and on the necessary efforts to reduce EU energy consumption. The proposal may also contain any other provisions judged necessary to improve the effectiveness of this Directive.

(Amendment 10)

Article 9

>Original text>

1. Before 1 January 1996, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

>Text following EP vote>

1. Within a year after the adoption of this Directive, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with it. They shall immediately inform the Commission thereof.

>Original text>

Member States shall apply such provisions as from 1 January 2000.

>Text following EP vote>

Member States shall apply such provisions two years after the adoption of this Directive.

>Original text>

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

>Text following EP vote>

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

>Original text>

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

>Text following EP vote>

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

>Original text>

3. Member States shall, during the period up to 1 January 2000, permit the placing on the market and/or the putting into service of refrigeration appliances which comply with the regulations in force in the Member States at the date of adoption of this Directive.

>Text following EP vote>

3. Member States shall, during the two-year period following the adoption of this Directive, permit the placing on the market and/or the putting into service of refrigeration appliances which comply with the regulations in force in the Member States at the date of adoption of this Directive.

(Amendment 11)

Annex I, Paragraph 5, table

>Original text>

Category Description Emax (kWh/24 hours)

1 Refrigerator w/o FFC(3) (0.225 x Vadj + 237) / 365

2 Refrigerator with 1 Star FFC (0.599 x Vadj + 178) / 365

3 Refrigerator with 2 Star FFC (0.437 x Vadj + 238) / 365

4 Refrigerator with 3 Star FFC (0.616 x Vadj + 221) / 365

5 Refrigerator with 4 Star FFC (0.778 x Vadj + 303) / 365

6 Refrigerator-Cellar (0.225 x Vadj + 237) / 365

7 Chest Freezer (0.480 x Vadj + 195) / 365

8 Upright Freezer (0.478 x Vadj + 289) / 365

>Text following EP vote>

Category Description Emax (kWh/24 hours)

1 Refrigerator w/o FFC(3) (0.199 x Vadj + 209) / 365 2 Refrigerator with 1 Star FFC (0.519 x Vadj + 155) / 365 3 Refrigerator with 2 Star FFC (0.372 x Vadj + 203) / 365 4 Refrigerator with 3 Star FFC (0.537 x Vadj + 192) / 365 5 Refrigerator with 4 Star FFC (0.638 x Vadj + 249) / 365 6 Refrigerator-Cellar (0.199 x Vadj + 209) / 365 7 Chest Freezer (0.423 x Vadj + 172) / 365 8 Upright Freezer (0.401 x Vadj + 242) / 365

(Amendment 12)

Annex Ia (new)

>Text following EP vote>

Set of figures for maximum allowable electricity consumption, for the second phase of the Directive.

The maximum allowable electricity consumption Emax (in kWh per 24 hours expressed to two decimal places), for an appliance type with adjusted volume Vadj, for each appliance category is defined by the following equations:

>Text following EP vote>

Category Description Emax (kWh/24 hours)

1 Refrigerator w/o FFC(1) (0.105 x Vadj + 110) / 365 2 Refrigerator with 1 Star FFC (0.331 x Vadj + 98) / 365 3 Refrigerator with 2 Star FFC (0.223 x Vadj + 122) / 365 4 Refrigerator with 3 Star FFC (0.406 x Vadj + 146) / 365 5 Refrigerator with 4 Star FFC (0.423 x Vadj + 165) / 365 6 Refrigerator-Cellar (0.118 x Vadj + 124) / 365 7 Chest Freezer (0.250 x Vadj + 102) / 365 8 Upright Freezer (0.265 x Vadj + 160) / 365

1 Frozen food compartment

(Amendment 13)

Annex II (7), sole paragraph a (new)

>Text following EP vote>

National authorities shall carry out the necessary inspections of appliances on the market place to ensure compliance with this Directive. If a product is found not to comply, the national authority shall make the necessary investigation to check the data produced by the manufacturer.

(Amendment 14)

Annex II (7), sole paragraph b (new)

>Text following EP vote>

If a manufacturer has put on the market a product which does not comply with this Directive, it shall forthwith make the product comply, or take the product from the market and notify this withdrawal to all persons to whom this type of appliance has been sold.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on energy efficiency requirements for household electric refrigerators, freezers and their combinations (COM(94)0521 - C4-0020/95 - 94/0272(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(94)0521 - 94/0272(COD) ((OJ C 390, 31.12.1994, p. 30. )),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0020/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Research, Technological Development and Energy and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on the Environment, Public Health and Consumer Protection (A4-0221/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.