Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment
Date: 2001-11-06
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, eco-label, energy consumption, labelling, office supplies, trade mark

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(Acts whose publication is obligatory)

REGULATION (EC) No 2422/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 November 2001

on a Community energy efficiency labelling programme for office equipment

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

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

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
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.

(1) OJ C 150 E, 30.5.2000, p. 73 and OJ C 180 E, 26.6.2001, p. 262.
(2) OJ C 204, 18.7.2000, p. 18.
(3) Opinion of the European Parliament of 1 February 2001 (OJ
C 267, 21.9.2001, p. 49), Council Common Position of 31 May
2001 (not yet published in the Official Journal) and Decision of
the European Parliament of 3 October 2001.

(4)

(5)

(6)

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.

(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)

(10)

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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.

(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.

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.

(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.

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 equip-
ment will facilitate international trade and environmen-
tal protection for this equipment. This Regulation is
aimed at implementing the abovementioned Agreement
in the Community.

(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 (4) 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)

(20)

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),
neutral
the scheme. The ECESB
should be composed of national representatives.

implementation of

It is necessary to ensure that the energy-efficient labelling
programme for office equipment
is consistent and
coordinated with the priorities of the Community policy
and with other Community labelling or quality-certifi-
cation schemes such as those established by Directive
92/75/EEC and by Regulation (EC) No 1980/2000 of
the European Parliament and of the Council of 17 July
2000 on a revised Community eco-label award
scheme (5).

(21)

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

(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 297, 13.10.1992, p. 16.
(5) OJ L 237, 21.9.2000, p. 1.

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(22)

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 to, and participation in, the scheme for manufac-
turers and exporters from countries outside the Com-
munity,

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.

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 of the Agreement, subject to any
amendments thereof in accordance with Article X of the
Agreement.

Article 3

Definitions

For the purposes of this Regulation:

(a)

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

(b)

‘programme participants’ means manufacturers, as-
semblers, exporters, importers, retailers and other bodies
who commit themselves to promote designated energy-
efficient office equipment products that meet the specifi-
cations 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-

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.

3.
Office equipment products for which the use of the
common logo has been granted by the ‘United States Environ-
mental Protection Agency’ (USEPA) 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
third 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

Registration of programme participants

Applications to become a programme participant may

1.
be submitted to the Commission.

The decision to authorise an applicant to become a
2.
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.

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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.

3.
In order to encourage the purchase of office equipment
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 co-exist
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,

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 the Council, following consul-
tation 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:

— 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 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.

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 the Council, and
subsequently at 12-monthly intervals.

Article 11

Preparatory procedures for the revision of technical
criteria

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

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 USEPA according to the procedures laid down

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in the Agreement and in Council Decision 2001/469/EC of
14 May 2001 concerning the conclusion on behalf of the
European Community of the Agreement between the Govern-
ment of the United States of America and the European
Community on the coordination of energy-efficient labelling
programmes for office equipment (1), the following steps have
to be taken.

3.
The Commission shall ensure proper use of the common
logo by undertaking or coordinating actions described in
Article VIII, paragraphs 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.

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.

Article 13

Implementation

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

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.

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
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).

Article 12

Market surveillance and control of abuses

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

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.

in the Community, giving an evaluation of

The Commission shall produce and submit to the European
Parliament and the Council by 15 January 2005 a report
monitoring the energy efficiency of the office equipment
market
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 USA and in particular whether Energy Star specifi-
cations are effective enough.

Article 15

Final provisions

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.

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 Brussels, 6 November 2001.

For the European Parliament

The President

N. FONTAINE

For the Council

The President

D. REYNDERS

(1) OJ L 172, 26.6.2001, p. 1.

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ANNEX

ENERGY STAR LOGO

Black and white version

Colour version