2003/269/EC: Council Decision of 8 April 2003 concerning the conclusion on behalf of the 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 equipment
Date: 2003-04-08
Institutions: Council of the European Union
Subjects: United States, agreement (EU), energy consumption, energy saving, labelling, office equipment

17.4.2003

EN

Official Journal of the European Union

L 99/47

COUNCIL DECISION

of 8 April 2003

concerning the conclusion on behalf of the 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

(2003/269/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133, in conjunction with Article
300(3) thereof,

Article 1

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

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

(4)

The appropriate internal Community procedures should
be established to ensure the proper functioning of the
the United
Agreement between the Government of
States of America and the European Community on the
coordination of energy-efficient
labelling programmes
for office equipment, signed in Washington on 19
December 2000 (2).
is necessary to empower the
Commission, assisted by the special committee desig-
nated by the Council, to make certain technical amend-
ments to the Agreement and to take certain decisions for
its implementation. In all other cases the decision is to
be taken in accordance with the normal procedures.

It

The review of the implementation has been attributed to
the technical commission established by the Agreement.

Each party has designated a management entity. The
Community has designated the Commission as
its
management entity. Parties may amend the Agreement
and the Annexes and add new Annexes by mutual agree-
ment.

The European Court of Justice (3) has annulled Council
Decision 2001/469/EC of 14 May 2001 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
labelling programmes
coordination of energy-efficient
for office equipment (4) which has
therefore to be
replaced.

(5)

The Agreement should be approved,

(1) OJ C 274 E, 28.9.1999, p. 16.
(2) OJ L 172, 26.6.2001, p. 3.
(3) Judgment of 12 December 2002 in Case C-281/01, Commission of
the European Communities v. Council of the European Union (OJ C
31, 8.2.2003, p. 3).

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

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,
including its Annexes,
is hereby approved on behalf of the
Community.

The text of
attached to this Decision (5).

the Agreement, and the Annexes thereto,

is

Article 2

The President of the Council shall, on behalf of the Commu-
nity, give the notification in writing provided for in Article
XII(1) of the Agreement.

Article 3

1.
The Commission shall represent the Community in the
technical commission provided for in Article VI of the Agree-
ment, assisted by the special committee designated by the
Council. The Commission shall proceed, after consultation with
this special committee, to the communications, cooperation,
review of the implementation and notifications referred to in
Articles V(5), VI(1) and (2), and VIII(4), of the Agreement.

2. With a view to preparing the Community position as
regards amendments to the specifications and list of office
equipment in Annex C of the Agreement, the Commission shall
take into account any opinion given by the European Commu-
nity Energy Star Board referred to in Articles 8 and 11 of Regu-
lation (EC) No 2422/2001/EC of the European Parliament and
of the Council of 6 November 2001 on a Community energy-
efficiency labelling programme for office equipment (6).

3.
The position of the Community with regard to decisions
to be taken by the management entities shall be determined,
with regard to amendments of technical specifications of office
equipment
the Agreement, by the
Commission, after consultation with the special committee,
referred to in paragraph 1.

listed in Annex C of

(5) OJ L 172, 26.6.2001, p. 3.
(6) OJ L 332, 15.12.2001, p. 1.

L 99/48

EN

Official Journal of the European Union

17.4.2003

In all other cases, the position of the Community with regard to decisions to be taken by the manage-
4.
ment entities or the Parties shall be determined by the Council, acting on a proposal from the Commission
in accordance with Article 300 of the Treaty.

Done at Luxembourg, 8 April 2003.

For the Council

The President

G. DRYS