Common Position (EC) No 22/2001 of 30 May 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council on a Community energy-efficiency labelling programme for office equipment
Date: 2001-05-30
Institutions: Council of the European Union
Subjects: EU programme, electrical energy, energy consumption, labelling, office equipment

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(Information)

COUNCIL

COMMON POSITION (EC) No 22/2001

adopted by the Council

on 30 May 2001 with a view to adopting Regulation (EC) No .../2001 of the European Parliament
and of the Council of ... on a Community energy-efficiency labelling programme for office
equipment

(2001/C 297/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1) Office equipment accounts for a significant share of total
electricity consumption. The most effective measure for
reducing electrical consumption of office equipment is
to reduce the standby consumption in accordance with
the Council conclusions of May 1999 on standby losses
of consumer electronic equipment. The various models
available on the Community market have very different
levels of consumption in standby mode.

(2)

There are, however, other measures for reducing elec-
tricity consumption from such equipment, such as

(6)

(1) OJ C 150 E, 30.5.2000, p. 73.
(2) OJ C 204, 18.7.2000, p. 18.
(3) Opinion of the European Parliament of 1 February 2001 (not yet
published in the Official Journal), Council Common Position of
30 May 2001 and Decision of the European Parliament of ... (not
yet published in the Official Journal).

switching it off when not needed, without compromising
functionality. The Commission should ascertain which
measures are appropriate in order also to exploit this
energy-saving potential.

(3)

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

(4)

(5)

It is desirable to coordinate the national energy labelling
initiatives to minimise the adverse impact on industry
and trade.

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 contributes to 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.

Since the objectives of the proposed action cannot be
sufficiently achieved by the Member States and can
therefore be better achieved at Community level, the
Community may adopt measures, in accordance with
the principle of subsidiarity as set out in Article 5 of the
Treaty.
In accordance with the principle of pro-
portionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
those objectives.

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(7) 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 Com-
munity policy on the environment. Electricity generation
and consumption account for 30 % of man-made carbon
dioxide (CO2) emissions and some 35 % of primary
energy consumption in the Community. These percent-
ages are increasing, and standby losses from electrical
equipment account for about 10 % of its consumption.

(8)

(9)

Furthermore, Council Decision 89/364/EEC of 5 June
1989 on a Community action programme for improving
the efficiency of electricity use (1) has as its twin objec-
tives to encourage consumers to favour appliances and
equipment with high electrical efficiency and to improve
the efficiency of appliances and equipment. Further steps
are needed to improve consumer information.

The UNFCCC Protocol agreed in Kyoto on 10 December
1997 calls for a greenhouse gases emission reduction
for the Community of 8 % at the latest during the period
2008 to 2012.
In order to achieve this objective,
stronger measures are required to reduce CO2 emissions
within the Community.

(10)

Furthermore, Decision No 2179/98/EC of the European
Parliament and of the Council 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’(2)
indicated as a key priority for the integration of environ-
mental requirements in relation to energy, the provision
of energy efficiency labelling of appliances.

(11) The Council Resolution of 7 December 1998 on energy
efficiency in the European Community (3) called for the
increased use of labelling of appliances and equipment.

(12)

It is desirable to coordinate energy efficiency require-
ments, labels and test methods wherever appropriate.

(13) Most energy-efficient office equipment is available at
little or no extra cost and may therefore in many cases
pay for any additional cost through electricity savings
within a reasonably short time. Energy-saving and CO2
reduction objectives can therefore be achieved in a cost-
effective manner in this area, without disadvantages for
consumers or industry.

(14) Office equipment is traded worldwide. The Agreement
between the Government of the United States of America
and the European Community on the Coordination
of Energy-efficient Labelling Programmes for Office
Equipment (4) will
trade and
environmental protection for this equipment. This Regu-
lation is aimed at implementing the abovementioned
agreement in the Community.

facilitate international

(15)

In order to influence the requirements of the Energy Star
label, which is used worldwide, the Community should
participate in this labelling scheme and in drawing up
the necessary technical specifications. However, regular
reviews must be carried out by the Commission to
ascertain whether the technical criteria set are ambitious
enough and take sufficient account of the Community’s
concerns.

(16) An effective enforcement system is necessary to ensure
that the energy-efficient labelling programme for office
equipment
is implemented properly, guarantees fair
conditions of competition for producers and protects
consumer rights.

(17) This Regulation is confined to office equipment prod-

ucts.

(18) 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 (5) is not the most
appropriate instrument for office equipment. The most
cost-effective measure for promoting energy efficiency
of office equipment is a voluntary labelling programme.

(19)

It is necessary to assign the task of contributing to
setting and reviewing the technical specifications to an
appropriate body, the European Community Energy Star
in order to achieve an efficient and
Board (ECESB),
the scheme. The ECESB
neutral
should be composed of national representatives.

implementation of

(1) OJ L 157, 9.6.1989, p. 32.
(2) OJ L 275, 10.10.1998, p. 1.
(3) OJ C 394, 17.12.1998, p. 1.

(4) OJ L 172, 26.6.2001, p. 3.
(5) OJ L 297, 13.10.1992, p. 16.

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(20)

(21)

(22)

It is necessary to ensure that the energy-efficient labelling
programme for office equipment
is consistent and
coordinated with the priorities of Community policy and
with other Community labelling or quality-certification
schemes
by Direc-
tive 92/75/EEC and by Council Regulation (EEC)
No 880/92 of 23 March 1992 on a Community eco-
label award scheme (1).

established

those

such

as

It is desirable to coordinate the Community Energy
Star programme and other voluntary energy labelling
in
schemes for office equipment in the Community,
order to prevent confusion for consumers and potential
market distortions.

is necessary to guarantee transparency in the
It
implementation of the scheme and to ensure consistency
with relevant international standards in order to facilitate
access to, and participation in, the scheme for manufac-
turers and exporters from countries outside the Com-
munity,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

This Regulation establishes the rules for the Community
energy-efficiency labelling programme for office equipment
(hereinafter the ‘Energy Star programme’) as defined in the
Agreement between the Government of the United States of
America and the European Community on the Coordination
of Energy-efficient Labelling Programmes for Office Equipment
(hereinafter referred to as ‘the Agreement’). Participation in the
Energy Star programme is on a voluntary basis.

Article 2

Scope

This Regulation shall apply to the office equipment product
groups defined in Annex C to the Agreement, subject to any
amendments thereof in accordance with Article X of the
Agreement.

Article 3

Definitions

(b)

‘programme
participants’ means manufacturers,
assemblers, exporters, importers, retailers and other bodi-
es who commit themselves to promoting designated
energy-efficient office equipment products that meet the
specifications of the Energy Star programme and who
have chosen to participate in the Energy Star programme
by having registered with the Commission;

(c)

‘specifications’ means the energy-efficiency and perform-
ance requirements, including testing methods, used to
determine qualification of energy-efficient office equip-
ment products for the common logo.

Article 4

General principles

1.
The Energy Star programme shall be coordinated, as
appropriate, with other Community labelling or quality certifi-
cation arrangements as well as with schemes such as,
in
particular, the Community eco-label award scheme as estab-
lished by Regulation (EEC) No 880/92 and the indication by
labelling and standard product information of the consump-
tion of energy and other resources by household appliances as
established by Directive 92/75/EEC.

2.
The common logo may be used by programme partici-
pants and other bodies on their individual office equipment
products and on the associated promotion.

Office equipment products for which the use of the
3.
common logo has been granted by the ‘United States Environ-
mental Protection Agency’ (US EPA) are deemed to comply
with this Regulation, unless there is evidence to the contrary.

4. Without prejudice to any Community rules on conform-
ity assessment and conformity marking and/or to any inter-
national agreement concluded between the Community and
non-member countries as regards access to the Community
market, products covered by this Regulation which are placed
on the Community market may be tested by the Commission
or Member States in order to verify their compliance with the
requirements of this Regulation.

Article 5

For the purposes of this Regulation:

Registration of Programme Participants

(a)

‘common logo’ means the mark referred to in the Annex;

(1) OJ L 99, 11.4.1992, p. 1.

Applications to become a programme participant may

1.
be submitted to the Commission.

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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 to the Agreement.
The Commission shall publish an updated list of programme
participants and communicate it to Member States on a regular
basis.

Article 6

Promotion and information

1.
The Commission shall make the maximum effort to
encourage, in cooperation with the Member States and the
members of the ECESB, the use of the common logo by
appropriate awareness-raising actions and information cam-
paigns for consumers, suppliers, dealers and the general public.

2.
Each Member State shall seek to ensure that consumers
and other interested bodies are made aware of, and have access
to, detailed information on the Energy Star programme, using
all possible Community tools.

In order to encourage the purchase of office equipment
3.
products with the common logo, the Commission and other
Community institutions, as well as other public authorities at
level, shall, without prejudice to Community and
national
national
law and economic criteria, encourage the use of
energy-efficient requirements not less demanding than the
Energy Star specifications when defining their requirements
for office equipment products.

Article 7

Other voluntary energy labelling schemes

1.
Existing and new voluntary energy labelling schemes for
office equipment products in the Member States may coexist
with the Energy Star programme.

2.
The Commission and the Member States shall act in
order to ensure the necessary coordination between the Energy
Star programme and national schemes and other labelling
schemes in the Community or in the Member States.

Article 8

european community energy star board

1.
The Commission shall establish a European Community
Energy Star Board (ECESB) consisting of national representa-
tives as referred to in Article 9 as well as relevant interested
parties. The ECESB shall review the implementation within the
Community of the Energy Star programme and shall provide
advice and assistance to the Commission, as appropriate, to
enable it to carry out its role as management entity.

2.
One year following the entry into force of this Regu-
lation, and every year thereafter, the ECESB shall draw up a
report on the market penetration of products bearing the
common logo and on the technology available for reducing
energy consumption.

its activities,

The Commission shall ensure that, to the extent possible
3.
in the conduct of
in
respect of each office equipment product group, a balanced
participation of all relevant interested parties concerned with
that product group such as manufacturers, retailers, importers,
environmental protection groups and consumer organisations.

the ECESB observes,

4.
The Commission shall establish the ECESB’s Rules of
Procedure, taking account of the views of Member States’
representatives in the ECESB.

The Commission shall keep the European Parliament

5.
and the Council informed of the ECESB’s activities.

Article 9

National representatives

Each Member State shall designate, as appropriate, national
energy policy experts, authorities or persons (hereinafter
referred to as ‘national representatives’) responsible for carrying
out the tasks provided for in this Regulation. Where more than
one national representative is designated, the Member State
shall determine those representatives’ respective powers and
the coordination requirements applicable to them.

Article 10

Working plan

In accordance with the objectives set out in Article 1, the
Commission shall establish a working plan within six months
from the entry into force of this Regulation and propose it
to the European Parliament and to the Council, following
consultation of the ECESB. The working plan shall include a
strategy for the development of the Energy Star programme,
which shall set out for the subsequent three years:

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— 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,

account of the objective of setting technical specifications
at a high level, with due regard for the technology
available and the associated costs, for reducing energy
consumption analysed in the ECESB report referred to in
Article 8(2).

— a non-exhaustive list of office equipment products which
should be considered as priorities for inclusion in the
Energy Star programme,

— outline proposals for educational and promotional cam-

paigns and other necessary actions,

— proposals for coordination and cooperation between the
Energy Star programme and other voluntary energy
labelling schemes in Member States.

Article 12

Market surveillance and control of abuses

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

The working plan shall be reviewed periodically. It shall be
reviewed for the first time at the latest 12 months after it is
submitted to the European Parliament and to the Council, and
subsequently at 12-monthly intervals.

2.
Any false or misleading advertising, or the use of any
label or logo which leads to confusion with the common logo
introduced by this Regulation, shall be prohibited.

Article 11

Preparatory procedures for the revision of technical
criteria

With a view to preparing the revision of the specifications and
of the office equipment product groups covered by Annex C
to the Agreement, and before submitting a draft proposal or
replying to the US EPA according to the procedures laid down
in the Agreement and in Council Decision ... of ... concerning
the conclusion on behalf of the European Community of the
Agreement between the Government of the United States of
America and the European Community on the Coordination
of Energy-efficient Labelling Programmes for Office Equip-
ment (1), the following steps have to be taken.

1.

2.

The Commission may request the ECESB to make sugges-
tions for the revision of the Agreement. The ECESB may
also make suggestions to the Commission on its own
initiative.

The Commission shall consult the ECESB whenever it
receives a proposal for revision of the Agreement from
the US EPA.

3. When the ECESB gives its opinion to the Commission, it
shall take into account the results of feasibility and market
studies, and the available technology for reducing energy
take particular
consumption. The Commission shall

The Commission shall ensure proper use of the common
3.
logo by undertaking or coordinating actions described in
Article VIII (2), (3) and (4) of the Agreement. Member States
shall take actions as appropriate to ensure conformity with the
provisions of this Regulation in their own territory and inform
the Commission. Member States may refer evidence of non-
compliance by programme participants and other bodies to
the Commission for initial action.

Article 13

Implementation

Within 12 months of the entry into force of this Regulation,
Member States shall inform the Commission of the measures
taken to ensure compliance with it.

Article 14

Revision

Before the Parties to the Agreement are to discuss the renewal
of the Agreement in accordance with Article XII thereto, the
Commission shall assess the Energy Star programme in the
light of the experience gained during its operation.

The Commission shall produce and submit to the European
Parliament and to the Council by ... (*) a report monitoring the

(1) OJ L ...

(*) Three years following the date of entry into force of

this

Regulation.

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the office equipment market

energy efficiency of
in the
Community, giving an evaluation of the effectiveness of the
Energy Star programme and proposing, if necessary, measures
complementary to the programme. The report shall examine
the result of the dialogue between the EU and the US and in
particular whether Energy Star specifications are effective
enough.

Article 15

Final provisions

This Regulation shall enter into force on the 30th day
following that 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 ...

For the European Parliament

The President

For the Council

The President

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ANNEX

ENERGY STAR LOGO

Black and white version

Colour version

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 3 February 2000, the Commission forwarded to the Council a proposal for a regulation of
the European Parliament and of the Council on a Community energy-efficiency labelling
programme for office equipment (1). This proposal was based on Article 95 of the Treaty.

2.

The European Parliament and the Economic and Social Committee have delivered their
opinions (2).

The Committee of the Regions decided on 3 March 2000 not to issue an opinion due to the
technical nature of the proposal.

3. On 21 March 2001, the Commission forwarded an amended proposal to the Council (3).

4. On 30 May 2001, the Council adopted its Common Position pursuant to Article 251 of the

Treaty.

II.

AIM OF THE PROPOSAL AND THE BACKGROUND

5.

This proposal aims at implementing the Agreement between the United States of America and
the European Community on the Coordination of Energy-efficient labelling Programmes for
Office Equipment and establishing a Community voluntary energy labelling programme (the
‘Energy Star programme’), which was signed on 19 December 2000. The main objectives of
this proposal are to introduce in the Community the Energy Star logo, to describe the rules for
its use, and to establish the general Rules and Procedures for the Community Energy Star
labelling programme, including the procedures for the revisions foreseen in the Agreement.

III. ANALYSIS OF THE COMMON POSITION

A. Main changes introduced

6. At the end of its examination the Council concluded that the focus of the regulation for the
establishment of the rules for the Community-energy efficient labelling programme for office
equipment on a voluntary basis should be limited to office equipment, whereas the scope of
the Commission proposal comprises all communication technology equipment.

7.

The Council further concluded that the regulation’s main objective is the protection of the
environment through an increased use of energy-efficient equipment and that, given the
voluntary nature of the programme, the proposed regulation is unlikely to have a significant
harmonising effect. Therefore, the Council considered that the correct legal basis should not be
Article 95, as proposed by the Commission, but rather Article 175(1) of the Treaty.

(1) OJ C 150 E, 30.5.2000, p. 73.
(2) Opinion of European Parliament of 31 January 2001 (not yet published in the Official Journal); see Doc. 8798/01
CODEC 86 ENER 6 RELEX 15. Opinion of the Economic and Social Committee (OJ C 204, 18.7.2000, p. 18).

(3) Not yet published in the Official Journal; see Doc. 7445/01 ENER 39 RELEX 40 CODEC 278.

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8. Moreover, the Council endeavoured to clarify the role and procedures of the European
Community Energy Star Board and the role of Member States’ representatives (Articles 8 and
9), as well as the procedures for the revision of technical criteria (Article 11), where the high
level at which technical specifications shall be set is underlined.

B.

European Parliament amendments

9. On the basis of the above remarks, the Council has adopted, in full or in part, sometimes in

spirit, the 14 amendments tabled by Parliament.

10.

In particular, Amendment 1 is integrated as new recital 2, Amendment 2 in recital 7,
Amendment 3 in recital 13, Amendment 4 in recital 15, Amendment 6 in Article 9,
Amendments 7 and 8 in Article 8, Amendment 10 in Article 10, Amendments 11 and 15 in
Article 14, Amendment 12 in Article 11 and Amendment 14 in Article 6. Regarding
Amendment 13, the new sentence added to recital 8 already acknowledges the need to improve
consumer information and Article 6 comprises provisions to that effect.

As to amendment 5, the Council considered that the new wording of Article 14 is broad
enough to cover the type of complementary measure envisaged by Parliament.