Proposal for a Regulation of the European Parliament and of the Council on a Community energy-efficiency labelling programme for office equipment (Recast)
Date: 2006-10-10
Institutions: European Commission
Subjects: EU programme, United States, eco-label, energy consumption, labelling, office supplies, technical specification

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.10.2006 
COM(2006) 576 final 

2006/0187 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community energy-efficiency labelling programme for office equipment (Recast) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

PURPOSE OF THE PROPOSAL 

Based  on  an  Agreement  with  the  Government  of  the  United  States  of  America  on  the 
coordination  of  energy-efficiency  labelling  programmes  for  office  equipment,  Regulation 
(EC) 2422/2001 lays down the rules for implementing the Energy Star programme for office 
equipment  (computers,  computer  monitors,  printers,  copiers,  scanners,  fax  machines)  in  the 
Community.  The  purpose  of  this  proposal  to  recast  Regulation  (EC)  2422/2001  is  to  adapt 
implementation  of  the  Energy  Star  programme  to  the  new  Agreement  between  the 
Government  of  the  United  States  of  America  and  the  European  Community  on  the 
coordination  of  energy-efficiency  labelling  programmes  for  office  equipment.  The  new 
Agreement provides the basis to continue the Energy Star programme in the Community for a 
second period of five years. A proposal for a Council Decision on signature and conclusion of 
the new Energy Star Agreement is being submitted to the Council in parallel to this proposal 
to recast Regulation (EC) 2422/2001. 

The  proposals  on  the  new  Agreement  and  to  recast  Regulation  (EC)  2422/2001  take  into 
account  the  experience  gained  during  the  first  period  of  implementation  of  the  Energy  Star 
programme in the Community, from 2001 to 2006, and of the consultations of the European 
Community  Energy  Star  Board.  The  objective  is  further  to  improve  implementation  of  the 
Energy  Star  programme  in  order  to  make  the  programme  more  effective  and  to  reap  the 
potential energy savings. 

REASONS FOR CONTINUING THE ENERGY STAR PROGRAMME 

The  detailed  reasons  for  continuing  the  Energy Star  programme  for  a  second  period  of  five 
years are set out in the Communication on the implementation of the Energy Star programme 
in the period 2001-20051 and in the Recommendation from the Commission to the Council to 
open  negotiations  on  the  second  Energy  Star  Agreement2.  The  main  points  are  summarised 
below: 

•  Efficient use of energy is one of the main pillars for a sustainable energy policy in 
the  EC.  The  Commission’s  Green  Paper  on  energy  efficiency3  identifies  the 
following  major  benefits 
the 
competitiveness  of  the  European  economy  due  to  lower  spending  on  energy, 
environmental  protection  due  to  a  reduction  of  carbon  dioxide  emissions  caused 
by energy use, security of energy supply due to a reduction of energy demand and, 
hence, reduction of dependence on energy imports. 

from  efficient  use  of  energy:  securing 

•  Office equipment takes a significant share of electricity consumption in the EC. If 
no  measures  are  taken,  consumption  could  increase  as  functionality  is  enhanced 
and stock in offices and households increases. In order to meet the targets set in 

1 
2 
3 

COM(2006) 140 final. 
SEC(2006) 381 final. 
COM(2005) 265 final. 

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the Green Paper on energy efficiency, the energy performance of office equipment 
must be further optimised. 

•  The  EC  Energy  Star  programme  provides  a  framework  for  coordinating  the 
national  efforts  of  the  EC  Member  States  to  improve  the  energy  efficiency  of 
office  equipment.  A  coordinated  approach  is  necessary  in  order  to  minimise  the 
adverse impact on industry and trade, since uncoordinated national requirements 
would  impose  additional  costs  on  manufacturers,  traders  and,  consequently, 
purchasers and users of office equipment. 

•  Since  office  equipment  is  traded  worldwide,  measures  to  optimise  its  energy 
efficiency  should  be  implemented  together  with  global  partners  and  decision-
makers.  A  harmonised  approach  reduces  programme  implementation  costs  and 
avoids  confusion  for  consumers.  The  Energy  Star  programme  provides  a 
framework  for  coordinating  action  to  improve  the  energy  efficiency  of  office 
equipment  with  the  USA,  Japan  and  other  key  market  players.  The  Energy  Star 
programme  owned  by  the  US  Environmental  Protection  Agency  (USEPA)  and 
managed  by  the  European  Commission  for  the  EC  and  for  the  EEA  is  therefore 
the  natural  platform  for  measures  aiming  at  improving  the  energy  efficiency  of 
office equipment through labelling. 

•  The  voluntary  Energy  Star  programme  is  widely  accepted  by  manufacturers. 
Furthermore, in the USA it is important for public procurement since the technical 
specifications  have  to  be  observed  in  public  procurement  procedures.  This 
provides an incentive for manufacturers to put on the market products complying 
with  the  programme’s  requirements.  As  a  consequence,  the  market  is  driven 
towards  energy-efficient  products  and  significant  energy  savings  could  be 
achieved, provided the technical specifications are demanding (e.g. cover 25% of 
the models) at the time the criteria are set. The Commission believes that the input 
of  EC  experts  is  an  important  contribution  to  developing  consistent  and 
demanding technical specifications. 

•  Although it is not possible to quantify the energy savings, the Commission and the 
stakeholders  consider  that  the  Energy  Star  programme  for  office  equipment  has 
contributed to improving the energy efficiency of office equipment sold in the EU. 
On  the  other  hand,  significant  potential  to  improve  the  energy  performance  of 
office equipment in a cost-effective manner still exists. However, the fast pace of 
innovation  and  product  development  cycles  require  highly  flexible  instruments, 
such  as  voluntary  labelling  schemes,  which  can  be  adapted  more  swiftly  to 
technological progress and developments on the market. 

•  The  programme  enhances  transparency  on  the  office  equipment  market, 
particularly  regarding  the  energy  performance  of  office  equipment.  This  is  a 
prerequisite for motivating consumers, the tertiary sector and public procurement 
authorities to include energy efficiency and the total cost of ownership, including 
the  electricity  bill,  in  their  purchasing  decisions.  In  particular,  the  Energy  Star 
database managed by the Commission may be used by national, regional and local 
authorities as a basis for activities to promote particularly energy-efficient office 
equipment. 

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THE NEW ENERGY STAR AGREEMENT 

The first Agreement with the United States expired in June 2006. The Commission proposed 
to renew the Agreement for a second period of five years. On 5 May 2006 it was authorised to 
negotiate  a  new  Agreement.  The  European  Parliament  was  informed  of  the  negotiations  on 
the  new  Energy  Star  Agreement  at  the  meeting  of  the  Industry,  Research  and  Energy 
Committee on 30 May 2006. 

The  proposal  on  the  new  Agreement  contains  the  explicit  requirement  that  the  common 
technical specifications must be demanding at the time the energy-efficiency criteria are set. 
This  is  a  prerequisite  to  foster  the  energy  efficiency  of  office  equipment  effectively. 
Furthermore,  the  energy-efficiency  criteria  have  to  address  energy  consumption  not  only  in 
standby but also in other relevant modes, in particular on-mode. 

Consequently, Annex C to the proposed new Agreement contains demanding and innovative 
common  technical  specifications  for  monitors  and  imaging  equipment  (copiers,  printers, 
scanners, faxes) covering both standby and on-mode energy consumption. Estimates suggest 
that the new common technical specifications for imaging equipment which were endorsed by 
the EC Energy Star Board (a consultative forum made up of the Member States, industry and 
environmental and consumer NGOs) on 24 May 2006 will save 17 TWh in EU-25 during the 
next  three  years.  Details  of  the  calculation  are  available  at  www.eu-energystar.org.  New 
common technical specifications for computers are being developed and are foreseen to come 
into force in 2007. 

PROPOSED CHANGES TO REGULATION (EC) 2422/2001 

During  the  consultations  on  the  rationale  for  renewing  the  Energy  Star  Agreement,  the  EC 
Energy  Star  Board  (ECESB)  requested  that  the  Energy  Star  programme  should  be 
implemented  more  efficiently  in  the  EC  if  the  Agreement  were  renewed.  Several 
simplifications are therefore proposed, both in this recast of Regulation (EC) 2422/2001 and 
in the draft Council Decision on conclusion of the new Agreement – in particular streamlining 
of  the  process  for  updating  the  energy-efficiency  criteria  to  make  the  programme  more 
flexible and easier to adapt to rapid technological progress and developments on the market. 

As far as the recast of Regulation (EC) 2422/2001 is concerned, the proposed changes aim at 
reducing the implementation costs for the Community institutions and for the Member States, 
in accordance with the voluntary nature of the programme. The proposed changes reflect the 
results of exploratory discussions in the ECESB. 

Article 6: Promotion of the logo 

The  proposal  is  to  abolish  the  obligations  for  the  Member  States  and  the  Commission  to 
promote  the  logo  because  the  Energy  Star  programme  is  a  voluntary  labelling  scheme  for 
manufacturers.  Product  registration  and  promotion  are  therefore  the  responsibility  of  the 
manufacturers.  However,  the  Commission  will  continue  to  provide  lists  of  participating 
manufacturers  and  registered  products  plus  an  internet  portal  including  a  database  of 
registered products, information for purchasers/users of office equipment, etc. 

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Article 8: European Community Energy Star Board (ECESB) 

The  proposal  is  to  abolish  the  obligation  for  the  ECESB  to  produce  a  report  on  the  market 
penetration of Energy Star products and on the technology available. Experience has shown 
that  the  ECESB  is  not  in  a  position  to  perform  these  tasks  (e.g.  due  to  lack  of  resources). 
Instead, the Commission plans to launch a tender for a market survey on office equipment to 
support future upgrades of the energy-efficiency criteria. 

The  proposal  is  to  abolish  the  requirement  that  the  Commission  should  keep  the  European 
Parliament and the Council informed of the Board’s activities. This is considered redundant 
because  the  Commission’s  Energy  Star  internet  portal  contains  all  information  relevant  to 
implementation  of  the  programme  including  information  on  the  ECESB’s  activities,  i.e. 
minutes of meetings, working documents, working plan, etc. 

Article 10: Working plan 

This Article has been reworded to bring it into line with the current stage of implementation 
of the programme (a working plan for 2006 has been issued) and make it consistent with the 
proposed amendments to Articles 6 and 8. 

A  further  proposal  is  to  provide  for  the  Commission  to  issue  an  annual  working  plan  in 
consultation with the ECESB and to publish it. This arrangement has been used over the last 
few years and is considered appropriate as it ensures full transparency. 

Article 11: Preparatory procedures for the revision of technical criteria 

This amendment makes it clear that the ECESB and the Commission may take the initiative to 
amend the Agreement and, in particular, the common technical specifications.  

Furthermore,  the  obligations  for  the  ECESB  regarding  revision  of  technical  specifications 
have  been  reduced  because  practice  has  shown  that  the  ECESB  has  limited  resources  and 
cannot comply with these provisions. 

Article 13 of Regulation (EC) 2422/2001: Implementation 

This  Article  is  repealed  because  no  duties  that  should  be  reported  upon  are  placed  on  the 
Member States. 

Article 14 of Regulation (EC) 2422/2001 - Article 13 of the recast version: Revision 

This  Article  has  been  reworded  to  lighten  the  burden  of  programme  implementation  on  the 
Commission and to make it consistent with the voluntary nature of the Energy Star scheme.  

Annex 

The  Annex  depicting  the  logo  has  been  deleted  because  the  Energy  Star  marks  are  already 
contained in the Agreement and there is no need to repeat them. In addition, changes to the 
design  of  the  logo  belonging  to  the  US  Environmental  Protection  Agency  should  not  be 
subject to a Community co-decision procedure. 

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RECAST 

This proposal recasts Regulation (EC) 2422/2001 in line with the Interinstitutional Agreement 
on the recasting technique for legal acts4. This means that it incorporates in a single text both 
the  substantive  amendments  to  Regulation  (EC)  2422/2001  and  the  unchanged  provisions 
thereof. This proposal will replace and repeal Regulation (EC) 2422/2001. This should help to 
make the Community legislation more accessible and transparent. 

4 

Interinstitutional Agreement of 28 March 2001 on a more structured use of the recasting technique for 
legal acts, OJ C 77, 28.3.2002. 

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(cid:208) 2422/2001 (adapted) 

2006/0187 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a Community energy-efficiency labelling programme for office equipment (Recast) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Economic and Social Committee6, 

After consulting ⌦ Having regard ⌫ to the opinion of the Committee of the Regions7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(1) 

A number of substantial changes are to be made to Regulation (EC) No 2422/2001 of 
the European Parliament and of the Council of 6 November 20019. In the interests of 
clarity, that Regulation should be recast. 

(cid:216) new 

5 
6 
7 
8 

9 

OJ C 150 E, 30.5.2000, p. 73 and OJ C 180 E, 26.6.2001, p. 262 […]. 
OJ C 204, 18.7.2000, p. 18[…]. 
OJ C […]. 
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 OJ C […]. 
OJ L 332, 15.12.2001, p. 1. 

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(cid:208) 2422/2001 recital (1) (adapted) 
(cid:214) new 

(2) 

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  ⌦ energy ⌫ 
consumption  in  standby  mode  (cid:214) for  similar  functionalities  and  there  is  significant 
potential for optimising their energy efficiency  . 

(cid:208) 2422/2001 recital (2) 
(cid:214) new 

(3) 

There  are,  however,  other  measures  for  reducing  electricity  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 (cid:214) Improving the energy efficiency of 
office equipment contributes to improving the competitiveness of the Community and 
the security of its energy supply and to protecting the environment  . 

(4) 

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

(cid:208) 2422/2001 recital (3) 

(5) 

It  is  desirable  to  coordinate  the  national  energy  labelling  initiatives  to  minimise  the 
adverse impact ⌦ of the measures taken to implement them ⌫ on industry and trade. 

(cid:208) 2422/2001 recital (4) (adapted) 

(cid:208) 2422/2001 recital (5) 

(5) 

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. 

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(cid:208) 2422/2001 recital (6) 

(6) 

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 proportionality, as 
set out in that Article, this Regulation does not go beyond what is necessary in order to 
achieve those objectives. 

(cid:208) 2422/2001 recital (7) (adapted) 

(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  Community  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  percentages  are  increasing,  and  standby  losses  from  electrical  equipment 
account for about 10 % of its consumption. 

(8) 

(7) 

(cid:208) 2422/2001 recital (8) (adapted) 

Furthermore,  Council  Decision  89/364/EEC  of  5  June  1989  on  a  Community  action 
programme for improving the efficiency of electricity use10 has as its twin objectives 
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. 

(cid:208) 2422/2001 recital (9) 

The  UNFCCC  United  Nations  Framework  Convention  on  Climate  Change  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 carbon dioxide 
emissions within the Community. 

(8) 

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 

(cid:208) 2422/2001 recital (10) 

10 

OJ L 157, 9.6.1989, p. 32. 

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"Towards  sustainability"11  indicated  as  a  key  priority  for  the  integration  of 
environmental  requirements  in  relation  to  energy  the  provision  of  energy  efficiency 
labelling of appliances. 

(9) 

The  Council  Resolution  of  7  December  1998  on  energy  efficiency  in  the  European 
Community12 called for the increased use of labelling of appliances and equipment. 

(cid:208) 2422/2001 recital (11) 

(10) 

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

(cid:208) 2422/2001 recital (12) 

(cid:208) 2422/2001 recital (13) 

(11)  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  carbon  dioxide  reduction  objectives 
can  therefore  be  achieved  in  a  cost-effective  manner  in  this  area,  without 
disadvantages for consumers or industry. 

(cid:208) 2422/2001 recital (14) 
(adapted) 
(cid:214) new 

(12)  Office  equipment  is  traded  worldwide.  The  Agreement ⌦ of  […]  2006 ⌫  between 
the Government of the United States of America and the European Community on the 
coordination  of  energy-efficient  ⌦ energy-efficiency ⌫  labelling  programmes  for 
office equipment13 will facilitate international trade and environmental protection for 
this  equipment.  This  Regulation  is  aimed  at  implementing  the  abovementioned 
⌦ That ⌫ Agreement ⌦ should be implemented ⌫ in the Community. 

11 
12 
13 

OJ L 275, 10.10.1998, p. 1. 
OJ C 394, 17.12.1998, p. 1. 
OJ […]. 

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(cid:208) 2422/2001 recital (15) 
(adapted) 
(cid:214) new 

(13) 

In  order  to  influence  the  requirements  of  tThe  Energy  Star  label,  which  is  used 
worldwide,.  ⌦ In  order  to  influence  the  requirements  of  the  Energy  Star  labelling 
scheme ⌫, 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 (cid:214) When setting the 
technical  criteria  together  with  the  US  Environmental  Protection  Agency  the 
Commission should aim at ambitious levels of energy efficiency  . 

(cid:208) 2422/2001 
(adapted) 

recital 

(16) 

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

(15)  This Regulation is confined ⌦ will apply only ⌫ to office equipment products. 

(cid:208) 2422/2001 recital (17) 
(adapted) 

(cid:208) 2422/2001 recital (18) 

(16)  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  appliances14  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. 

(17) 

It  is  necessary  to  assign  the  task  of  contributing  to  setting  and  reviewing  the 
⌦ common ⌫  technical  specifications  to  an  appropriate  body,  the  European 

(cid:208) 2422/2001 recital (19) 
(adapted) 
(cid:214) new 

14 

OJ L 297, 13.10.1992, p. 16. 

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Community Energy Star Board (ECESB), in order to achieve an efficient and neutral 
implementation  of  the  scheme.  The  ECESB  should  be  made  up ⌦ composed ⌫  of 
national representatives (cid:214) and representatives of interested parties  . 

(cid:208) 2422/2001 recital (20) 
(adapted) 

(18) 

It  is  necessary  to  ensure  that  the  energy-efficient  ⌦ energy-efficiency ⌫  labelling 
programme for office equipment is consistent and coordinated with the priorities of the 
Community  policy  and  with  other  Community  labelling  or  quality-certification 
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 scheme15. 

(cid:216) new 

(19)  The energy-efficiency labelling programme should complement measures taken in the 
context  of  Directive  2005/32/EC  of  the  European  Parliament  and  of  the  Council  of 
6 July  2005  establishing  a  framework  for  the  setting  of  ecodesign  requirements  for 
energy-using  products  and  amending  Council  Directive  92/42/EEC  and  Directives 
96/57/EC  and  2000/55/EC  of  the  European  Parliament  and  of  the  Council16.  It  is 
necessary  to  ensure  that  the  Energy  Star  and  ecodesign  schemes  are  consistent  and 
coordinated. 

(cid:208) 2422/2001 
(adapted) 

recital 

(21) 

(20) 

It is desirable to coordinate the Community Energy Star programme ⌦ based on the 
Agreement  of  […]  2006 ⌫  and  other  voluntary  labelling  energy  ⌦ labelling ⌫ 
schemes  for  office  equipment  in  the  Community  in  order  to  prevent  confusion  for 
consumers and potential market distortions. 

(cid:208) 2422/2001 
(adapted) 

recital 

(22) 

(21) 

It  is  necessary  to  guarantee  transparency  in  the  implementation  of  the  ⌦ Energy 
Star ⌫  scheme  and  to  ensure  consistency  with  relevant  international  standards  in 
order  to  facilitate  access  to,  and  participation  in,  the  scheme  for  manufacturers  and 
exporters from countries outside the Community,. 

15 
16 

OJ L 237, 21.9.2000, p. 1. 
OJ L 191, 22.7.2005, p. 29. 

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(22)  This Regulation takes into account the experience  gained during  the initial  period of 

implementation of the Energy Star programme in the Community, 

(cid:216) new 

HAVE ADOPTED THIS REGULATION: 

(cid:208) 2422/2001 

Article 1 
Objectives 

(cid:208) 2422/2001 (adapted) 

This  Regulation  establishes  the  rules  for  the  Community  energy-efficiency  labelling 
programme for office equipment (hereinafter referred to as “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  ⌦ energy-efficiency ⌫ 
labelling  programmes  for  office  equipment  (hereinafter  referred  to  as  “the  Agreement”). 
Participation in the Energy Star programme is on a voluntary basis. 

(cid:208) 2422/2001 

Article 2 
Scope 

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

For the purposes of this Regulation: 

Article 3 
Definitions 

(a) “Common Logo” means the mark referred to in the Annex ⌦ I to the Agreement ⌫; 

(cid:208) 2422/2001 (adapted) 

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(cid:208) 2422/2001 

(b) “programme participants” means manufacturers, assemblers, exporters, importers, retailers 
and  other  bodies  who  commit  themselves  to  promote  designated  energy-efficient  office 
equipment products that meet the Common Specifications of the Energy Star programme and 
who have chosen to participate in the Energy Star programme by having registered with the 
Commission; 

(c)  “⌦ Common ⌫  Specifications”  means 
the  energy-efficiency  and  performance 
requirements,  including  testing  methods,  used  to  determine  qualification  of  energy-efficient 
office equipment products for the cCommon Logo. 

(cid:208) 2422/2001 (adapted) 
(cid:214) new 

Article 4 
General principles 

1.  The  Energy  Star  programme  shall  be  coordinated,  as  appropriate,  with  other  Community 
labelling or quality certification arrangements as well as with schemes such as, in particular, 
the Community eco-label award scheme as established by Regulation (EEC) No 880/92, and 
the indication by labelling and standard product information of the consumption of energy and 
other  resources  by  household  appliances  as  established  by  Directive  92/75/EEC  (cid:214) and 
measures implementing Directive 2005/32/EC. 

2.  The  cCommon  lLogo  may  be  used  by  programme  participants  and  other  bodies  on  their 
individual office equipment products and on the associated promotion. 

(cid:208) 2422/2001 

(cid:208) 2422/2001 (adapted) 

⌦ 3. Participation in the Energy Star programme shall be on a voluntary basis. ⌫ 

3. 4. Office equipment products for which the use of the cCommon lLogo has been granted by 
the United States Environmental Protection Agency (USEPA) are ⌦ shall be ⌫ deemed to 
comply with this Regulation, unless there is evidence to the contrary. 

4.  5.  Without  prejudice  to  any  Community  rules  on  conformity  assessment  and  conformity 
marking and/or to any international agreement concluded between the Community and third 

(cid:208) 2422/2001 

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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 

1. Applications to become a programme participant may be submitted to the Commission. 

(cid:208) 2422/2001 (adapted) 
(cid:214) new 

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 
⌦ Common ⌫  Logo  user  guideline  contained  in  Annex  B  to  the  Agreement.  The 
Commission shall publish (cid:214) on the internet  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  campaigns  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. 

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

(cid:208) 2422/2001 

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. 

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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. 

(cid:208) 2422/2001 (adapted) (new) 

Article 8 
European Community Energy Star Board 

1.  The  Commission  shall  establish  a  European  Community  Energy  Star  Board  (ECESB) 
consisting of national representatives 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 ⌦ within the Community ⌫ 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  Regulation,  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. 

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

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

(cid:208) 2422/2001 

5.The  Commission  shall  keep  the  European  Parliament  and  the  Council  informed  of  the 
ECESB’s activities. 

(cid:208) 2422/2001 (new) 

(cid:208) 2422/2001 (adapted) 

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 

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designated,  the  Member  State  shall  determine  those  representatives’  respective  powers  and 
the coordination requirements applicable to them. 

(cid:208) 2422/2001 (adapted) 

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 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: 

(cid:208) 2422/2001 

(a) 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,; 

(b)  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 campaigns and other necessary actions, 

(cid:208) 2422/2001 (new) 

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

(cid:208) 2422/2001 

(cid:208) 2422/2001 (adapted) 
(cid:214) new 

The  working  plan  shall  be  reviewed  periodically  (cid:214) at  least  once  a  year.  It  shall  be  made 
publicly available.  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. 

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Article 11 
Preparatory procedures for the revision of technical criteria 

1. With a view to preparing the ⌦ for ⌫ revision of the ⌦ Common ⌫ 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 
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 Government 
of the United States of America and the European Community on the coordination of energy-
efficient  labelling  programmes  for  office  equipment17,  the  following  steps  set  out  in 
paragraphs 2, 3 and 4 shall have to be taken. 

1.  2.  The  Commission  requests  (cid:214) may  request   the  ECESB  to  make  suggestions  (cid:214) a 
proposal  for the revision of the Agreement (cid:214) or for revision of Common Specifications for 
a  product.  The  Commission  may  make  a  proposal  to  the  ECESB  for  revision  of  Common 
Specifications  for  a  product  and  for  revision  of  the  Agreement   .  The  ECESB  may  also 
make suggestions (cid:214) a proposal  to the Commission on its own initiative. 

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

(cid:208) 2422/2001 

(cid:208) 2422/2001 (adapted) 
(cid:214) new 

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 
consumption.4.  The  Commission  shall  take  particular  account  of  the  objective  of  setting 
technical ⌦ Common ⌫ sSpecifications at a high ⌦ an ambitious ⌫ level, (cid:214) as provided 
for in Article I, paragraph 4 of the Agreement  with due regard for the technology available 
and the associated costs, ⌦ with the aim of ⌫ for reducing energy consumption analysed in 
the ECESB report referred to in Article 8(2) ⌦ with due regard for the technology available 
and the associated costs ⌫ . 

17 

OJ 172, 26.6.2001, p. 1[…]. 

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Article 12 
Market surveillance and control of abuses 

1.  The  cCommon  lLogo  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. 

(cid:208) 2422/2001 

(cid:208) 2422/2001 (adapted) 

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

3.  The  Commission  shall  ensure  proper  use  of  the  cCommon  lLogo  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 shall 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 13 
Revision 

Before  the  Parties  to  the  Agreement  are  to  discuss  the  renewal  of  the  Agreement  in 
accordance  with  Article  XII  thereto  thereof,  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 the Council by 15 
January 2005 a report monitoring the energy efficiency of the office equipment market 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 USA and in particular whether Energy Star 
specifications are effective enough. 

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(cid:208) (adapted) (adapted) 

Article 14 
Repeal 

Regulation (EC) No 2422/2001 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in the Annex. 

(cid:208) 2422/2001 (adapted) 

Article 15 
Final provisions 

This  Regulation  shall  enter  into  force  on  the  30th ⌦ twentieth ⌫  day  following  that  of  its 
publication in the Official Journal of the European Communities Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

(cid:208) 2422/2001 (adapted) 

Annex 

ENERGY STAR LOGO

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(cid:207) 

ANNEX [to fill] 

Regulation 2422/2001 

This Regulation 

Article 6(1) 

Article 6(2) 

Article 6(3) 

Article 8(2) 

Article 8(3) 

Article 8(4) 

Article 8(5) 

Article 10, third indent 

- 

- 

Article 6 

- 

Article 8(2) 

Article 8(3) 

- 

- 

Article 10, fourth indent 

Article 10, indent (c) 

Article 10, second subparagraph, last 
sentence 

- 

- 

Article 11, point 3 

- 

Article 13 

Article 10, second subparagraph, last 
sentence 

- 

Article 11(3) 

- 

Article 14, first subparagraph 

Article 13 

Article 14, second subparagraph 

- 

- 

Annex 

Article 14 

- 

________________ 

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