Amended 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
Date: 2001-03-20
Institutions: European Commission
Subjects: EU Member State, EU programme, United States, agreement (EU), computer equipment, energy consumption, labelling

C 180 E/262

EN

Official Journal of the European Communities

26.6.2001

the Council on a
Amended proposal
Community Energy Efficiency Labelling Programme For Office and Communication Technology
Equipment (1)

the European Parliament and of

for a regulation of

(2001/C 180 E/25)

(Text with EEA relevance)

COM(2001) 142 final (cid:151) 2000/0033(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 20 March 2001)

(1) OJ C 150 E, 30.5.2000, p. 73.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

total

share of

this equipment

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. There are, however, other
measures for reducing electricity consumption from such
equipment, such as switching it off when not needed. The
Commission should ascertain which measures are appro-
priate in order also to exploit this energy-saving potential.

(3) Some Member 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

Unchanged

26.6.2001

EN

Official Journal of the European Communities

C 180 E/263

INITIAL PROPOSAL

AMENDED PROPOSAL

(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
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
this type of
improvement of
equipment.

the energy efficiency of

concerning health,

(5) The adoption of such measures falls within Community
this Regulation are
its objectives, thus conforming to

competence;
within the limits of
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
rational utilisation of natural
two
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

resources,

(6) Moreover, Article 174 of the Treaty calls for the protection
and improvement of the environment and prudent and
rational utilisation of natural
two
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, stand-by losses
from electrical equipment account for about 10 % of elec-
tricity consumption, these percentages are increasing.

environment;

generation

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

Unchanged

(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.

___________
(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.

C 180 E/264

EN

Official Journal of the European Communities

26.6.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(10) Furthermore,

and Council
the European Parliament
Decision 2179/98/EC (1) of 24 September 1998 on the
the European Community programme of
review of
policy and action in relation to the environment and
sustainable development (cid:145)Towards sustainability(cid:146) indicated
as key priority for
the integration of environmental
requirements in relation to energy to strengthen energy
efficiency labelling of equipment.

(11) The Council Resolution (2) of 7 December 1998 on energy
efficiency in the European Community called on the
increased use of labelling of appliances and equipment.

(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
traded worldwide. 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
. . ., would facilitate
concluded by Council Decision of
international trade for this equipment. This Regulation is
aimed at
in the
Community.

implementing the above agreement

___________
(1) OJ L 275, 10.10.1998, p. 1.
(2) OJ C 394, 17.12.1998, p. 1.

information and communication
(12) Most energy-efficient
little or no-extra
is available at
technology equipment
cost and can pay for its initial cost through electricity
savings within a
and
few months.
CO2-reduction objectives can therefore be achieved in a
cost-effective manner in this area, without disadvantages
for consumers or industry.

Energy-saving

Unchanged

(14a) In order to influence the requirements of

this label,
which is used worldwide, the European Union should
participate in the labelling scheme and in drawing up
the necessary standards. However, regular reviews must
be carried out to ascertain whether the standards set are
ambitious enough and take sufficient account of
the
concerns of the European Union.

be

should

inefficient

(14b) In addition to labelling especially efficient equipment, the
most
gradually
equipment
withdrawn from the market. The Commission should
therefore examine whether it is possible to conclude a
the
agreement with manufacturers
voluntary
equipment concerned to ensure that particularly inef-
ficient equipment
the market altogether.
The Commission should consider presenting a proposal
for relevant
legislation, should it not be possible to
conclude such a voluntary agreement.

is taken off

of

26.6.2001

EN

Official Journal of the European Communities

C 180 E/265

INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

Unchanged

(16) This Regulation is confined to information and communi-

cation technology equipment.

(17) Directive (1)

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-
priate body,
the European Union Energy Star Board
in order to achieve an efficient and neutral
(EUESB),
implementation of
the scheme. The EUESB should be
composed of the national bodies.

(19) It is necessary to ensure that the Energy Star Programme
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
standard product
information of
the consumption of energy and other
resources by household appliances and by Council Regu-
lation (2)
(EEC) No 880/92 of 23 March 1992 on a
Community eco-label award scheme.

indication by

labelling

and

complementarity

established aimed at

should be
and

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

___________
(1) OJ L 297, 13.10.1992, p. 16.
(2) OJ L 99, 11.4.1992, p. 1.

C 180 E/266

EN

Official Journal of the European Communities

26.6.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1.
This Regulation establishes the rules for the Community
voluntary energy labelling programme (hereinafter the (cid:145)Energy
Star Programme(cid:146)) as defined in the agreement (hereinafter (cid:145)the
Agreement(cid:146)) 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
equipment, by facilitating the procedures
economic
operators to participate in the Energy Star Programme. The
intended to maximise energy
Energy Star Programme is
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

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) (cid:145)Energy Star Logo(cid:146) means the sign or marking designated in
Annex A of the Agreement and reproduced in Annex I;

26.6.2001

EN

Official Journal of the European Communities

C 180 E/267

INITIAL PROPOSAL

AMENDED PROPOSAL

(b) (cid:145)Programme Participants(cid:146), 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;

(c) (cid:145)Specifications(cid:146) are the energy-efficiency and performance
requirements,
to
determine qualification of energy-efficient products for the
Energy Star Logo, as defined in Article 2 and Annex C of
the Agreement.

testing methods,

including

used

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
(cid:145)United States Environmental Protection Agency(cid:146)
(US 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
Community and third countries as
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.

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,

The decision to authorise an applicant

2.
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.

C 180 E/268

EN

Official Journal of the European Communities

26.6.2001

INITIAL PROPOSAL

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 devel-
opment of the Energy Star Programme.

AMENDED PROPOSAL

In order

the Commission and other

to encourage the purchase of Energy Star
2.
the
products
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

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 (cid:145)the EUESB(cid:146). 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.

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 national energy policy
experts and representatives of relevant interested parties, here-
inafter referred to as (cid:145)the EUESB(cid:146). 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
education
Commission
campaigns, and where appropriate co-ordinate them.

information

common

and

on

(2a)
One year following the entry into force of this Regu-
lation, and every year thereafter, the EUESB shall draw up a
report on the market penetration of products bearing the
Energy Star
for
reducing energy consumption.

technology available

logo and on the

26.6.2001

EN

Official Journal of the European Communities

C 180 E/269

INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

(2b)
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.

The rules of procedure of the EUESB shall be established

3.
by the Commission.

Unchanged

The Commission shall keep the Council and the European

4.
Parliament informed of the activities of the EUESB.

Article 9

National bodies

Unchanged

Each Member State shall designate that the body or bodies
(hereinafter referred to as the (cid:145)National Body(cid:146) or (cid:145)National
Bodies(cid:146)), 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

(cid:151) 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;

(cid:151) a non-exhaustive list of product groups which should be
considered as priorities for inclusion in the Energy Star
Programme;

(cid:151) plans for educational and promotional campaigns and other
necessary actions, to be co-financed, mainly, by the SAVE
Programme;

(cid:151) 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.

The Working Plan shall be reviewed periodically. It shall be
reviewed for the first time at the latest twelve months after
it is submitted to the Council and the European Parliament, and
subsequently at twelve-monthly intervals.

C 180 E/270

EN

Official Journal of the European Communities

26.6.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 11

Unchanged

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
replying to the US EPA
submitting a draft proposal or
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

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

4. The Commission shall

take into account

the EUESB
proposal for the revision of the Specifications and product
coverage in the negotiations with the US EPA. In doing so,
it shall take particular account of the objective of setting
qualitative specifications at a high level, with due regard for
the technology available for reducing energy consumption
analysed in the EUESB report referred to in Article 8(2a).

Unchanged

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 US 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

26.6.2001

EN

Official Journal of the European Communities

C 180 E/271

INITIAL PROPOSAL

AMENDED PROPOSAL

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.

In case of non-compliance with the provisions of this
4.
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 under-
takings are informed by appropriate means of the following:

Each Member State shall ensure that consumers and under-
takings are informed by appropriate means, preferably a
short pamphlet to be included with the appliance at the time
it is sold, of the following:

(a) the objectives of the Energy Star Programme;

Unchanged

(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: (cid:145)Awarded to products which
meets the energy-efficiency requirements of the Energy Star
scheme(cid:146)

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.

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. Appropriate
action shall be taken to ensure that all Member States make the
maximum effort
the Energy Star
to encourage take up of
labelling scheme.

Article 15

Revision

Unchanged

. and p to any renewal of

1. Within five years of the entry into force of this Regu-
lation,
the
Commission shall review the Energy Star Programme in the
light of the experience gained during its operation.

the Agreement,

1. Within three years of the entry into force of this Regu-
lation,
to the
the Commission shall produce and submit
Council and the European Parliament a report monitoring
the energy efficiency of the office and communication tech-
nology equipment market in the EU, giving an evaluation of
the effectiveness of the Energy Star programme and proposing,
if necessary, complementary measures to the Energy Star
programme. Prior
the
to any renewal of
Commission shall review the Energy Star Programme in the
the experience gained during its operation. The
light of
in particular, examine whether Energy Star
review must,
requirements
the
are
European Union has been able to assert its position adequately
in the dialogue with the USA.

the Agreement,

and whether

ambitious

enough

C 180 E/272

EN

Official Journal of the European Communities

26.6.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

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

Unchanged

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.

ANNEX I

(cid:145)ENERGY-STAR(cid:146) LOGO

Black & White Version

Colour version