Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment (recast version)
Date: 2008-01-15
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, United States, eco-label, energy consumption, labelling, office supplies, technical specification

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 106/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a Community energy-efficiency labelling programme for office equipment

of 15 January 2008

(recast version)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

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

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1) A number of substantial amendments are to be made to
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 equip-
ment (3). For reasons of clarity, that Regulation should be
recast.

(2) Office equipment accounts for a significant share of total
electricity consumption. The various models available on
the Community market have very different levels of energy
consumption for
functionalities and there is
significant potential for optimising their energy efficiency.

similar

(3)

Improving the energy efficiency of office equipment should
contribute to improving the competitiveness of
the
Community and the security of its energy supply and to
protecting the environment and consumers.

(1) OJ C 161, 13.7.2007, p. 97.
(2) Opinion of the European Parliament of 10 July 2007 (not yet
Journal) and Council Decision of

published in the Official
17 December 2007.

(5)

(6)

(7)

(8)

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

Since the objective of the proposed action, namely to
establish the rules for the Community energy-efficiency
labelling programme for office equipment, 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 this objective.

The Protocol to the United Nations Framework Convention
on Climate Change agreed in Kyoto on 11 December 1997
calls for a reduction in the greenhouse gas emissions of 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 carbon dioxide emissions within the
Community.

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’ (4)
indi-
cated as a key priority for the integration of environmental
requirements in relation to energy the provision of energy
efficiency labelling of appliances.

(3) OJ L 332, 15.12.2001, p. 1.

(4) OJ L 275, 10.10.1998, p. 1.

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(9)

The Council Resolution of 7 December 1998 on energy
efficiency in the European Community (1) called for the
increased use of labelling of appliances and equipment.

(10)

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

(17) The task of contributing to setting and reviewing the
common technical specifications should be assigned to an
appropriate body, the European Community Energy Star
Board, in order to achieve efficient, neutral implementation
of the energy-efficiency labelling programme. That Board
representatives and
should be composed of national
representatives of interested parties.

(18)

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

for office

equipment

It is necessary to ensure that the energy-efficiency labelling
programme
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 Council Regulation (EEC) No 880/92 of 23 March
1992 on a Community eco-label award scheme (4).

consistent

is

(12) Office equipment is traded worldwide. The Agreement of
20 December 2006 between the Government of the United
States of America and the European Community on the
coordination of energy-efficiency labelling programmes for
office equipment (2)
(hereinafter the Agreement) should
facilitate international trade and environmental protection
for this equipment. The Agreement should be implemented
in the Community.

(13) The Energy Star energy-efficiency label is used worldwide.
In order to influence the requirements of the Energy Star
labelling programme, the Community should participate in
the programme and in drawing up the necessary technical
specifications. When setting those technical specifications
together with the United States Environmental Protection
Agency (USEPA), the Commission should aim at ambitious
levels of energy efficiency,
in view of the Community's
policy of energy efficiency and its energy-efficiency targets.

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

(19) The energy-efficiency labelling programme should also
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 (5). It is
the Energy Star
therefore necessary to ensure
programme and the ecodesign scheme are consistent and
coordinated.

that

(20)

It is desirable to coordinate the Community Energy Star
programme based on the Agreement and other voluntary
energy-efficiency labelling schemes for office equipment in
the Community in order
to prevent confusion for
consumers and potential market distortion.

(21)

It is necessary to guarantee transparency in implementation
of the Energy Star programme and to ensure its 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 Commu-
nity.

(22) This Regulation takes into account the experience gained
during the initial period of implementation of the Energy
Star programme in the Community,

(15) This Regulation should apply only to office equipment.

HAVE ADOPTED THIS REGULATION:

(16) Council Directive 92/75/EEC of 22 September 1992 on the
indication by labelling and standard product information of
resources by
the consumption of energy and other
household appliances (3)
the most appropriate
is not
instrument for office equipment. The most cost-effective
measure for promoting the energy efficiency of office
equipment is a voluntary labelling programme.

(1) OJ C 394, 17.12.1998, p. 1.
(2) OJ L 381, 28.12.2006, p. 26.
(3) OJ L 297, 13.10.1992, p. 16. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

Article 1

Objective

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.

(4) OJ L 99, 11.4.1992, p. 1. Regulation repealed by Regulation (EC)
the

the European Parliament

and of

No 1980/2000 of
Council (OJ L 237, 21.9.2000, p. 1).

(5) OJ L 191, 22.7.2005, p. 29.

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Article 2

Scope

Article 5

Registration of programme participants

This Regulation shall apply to the office equipment product
groups defined in Annex C to the Agreement, subject to any
amendment
the
Agreement.

in accordance with Article XII of

thereof

Article 3

Definitions

For the purposes of this Regulation the following definitions
shall apply:

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

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 guidelines contained in Annex B to the
Agreement. The Commission shall publish on the Energy Star
web site and shall regularly send to the Member States an
updated list of programme participants.

‘Common Logo’ shall mean the mark depicted in Annex A
to the Agreement;

Article 6

(a)

(b)

‘programme participants’ shall mean manufacturers, assem-
blers, exporters, importers, retailers and other persons or
bodies that commit themselves to promoting designated
energy-efficient office equipment products that meet the
Common Specifications defined in point (c) and that have
chosen to participate in the Energy Star programme by
having registered with the Commission;

(c)

‘Common Specifications’ shall mean the energy-efficiency
and performance requirements, including testing methods,
used to determine qualification of energy-efficient office
equipment 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
certification arrangements as well as with schemes such as, in
particular, the Community eco-label award scheme, established
by Regulation (EEC) No 880/92, the indication by labelling and
standard product information of the consumption of energy and
other resources by household appliances, established by Directive
92/75/EEC and measures implementing Directive 2005/32/EC.

2. The Common Logo may be used by programme participants
on their individual office equipment products and on associated
promotional material.

Participation in the Energy Star programme shall be on a

3.
voluntary basis.

4. Office equipment products for which use of the Common
Logo has been granted by USEPA shall be deemed to comply
with this Regulation, unless there is evidence to the contrary.

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
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.

Promotion of energy-efficiency criteria

For the duration of the Agreement, the Commission and the
other Community institutions, as well as central government
authorities within the meaning of Directive 2004/18/EC of the
European Parliament and of the Council of 31 March 2004 on
the coordination of procedures for the award of public works
contracts, public supply contracts and public service con-
tracts (1), shall, without prejudice to Community and national
law and economic criteria, specify energy-efficiency requirements
not less demanding than the Common Specifications for public
supply contracts having a value equal to or greater than the
thresholds laid down in Article 7 of that Directive.

Article 7

Other voluntary energy-efficiency labelling schemes

1. Other existing and new voluntary energy-efficiency 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 labelling 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 representatives
interested
as referred to in Article 9 and representatives of
parties. The ECESB shall review the implementation of
the
Energy Star programme within the Community and shall provide
the Commission with advice and assistance, as appropriate, to
enable it to carry out its role as Management Entity, as referred to
in Article IV of the Agreement.

(1) OJ L 134, 30.4.2004, p. 114. Directive as last amended by
Commission Regulation (EC) No 1422/2007 (OJ L 317, 5.12.2007,
p. 34).

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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, the balanced participation
of all relevant interested parties concerned with that product
group, such as manufacturers, retailers, importers, environmental
protection groups and consumer organisations.

3. The Commission, assisted by the ECESB, shall monitor the
market penetration of products bearing the Common Logo and
developments in the energy efficiency of office equipment, with a
view to the timely revision of the Common Specifications.

rules of
4. The Commission shall establish the ECESB's
procedure, taking account of the views of national representa-
tives in the ECESB.

Article 11

Preparatory procedures for the revision of technical criteria

1. With a view to preparing for the 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 USEPA in accordance with the
procedures laid down in the Agreement and in Council Decision
2006/1005/EC of 18 December 2006 concerning conclusion of
the 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 (1),
the steps set out in paragraphs 2 to 5 shall be taken.

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

Work plan

In accordance with the objective set out
the
Commission shall establish a work plan. The work plan shall
include a strategy for the development of
the Energy Star
programme, which shall set out for the subsequent three years:

in Article 1,

(a)

the objectives for energy-efficiency improvement, 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;

(c)

educational and promotional initiatives;

(d)

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

the revision of

the Agreement or of

2. The Commission may request the ECESB to make a proposal
for
the Common
Specifications for a product. The Commission may make a
proposal
the Common
Specifications for a product or the Agreement. The ECESB may
also make a proposal to the Commission on its own initiative.

to the ECESB for

the revision of

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

4. When giving their views to the Commission, the members
of the ECESB shall take into account the results of feasibility and
market studies and available technology for reducing energy
consumption.

take particular account of

5. The Commission shall
the
objective of setting Common Specifications at an ambitious
level, as provided for in Article I, paragraph 3, of the Agreement,
with the aim of reducing energy consumption and shall have due
regard for the technology available and the associated costs. In
particular, the ECESB shall, before giving its views on any new
Common Specifications, take into account the latest results of
eco-design studies.

Article 12

Market surveillance and control of abuse

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

2. Any false or misleading advertising or use of any label or
logo which leads to confusion with the Common Logo shall be
prohibited.

The Commission shall review its work plan at least once a year
and make it publicly available.

(1) OJ L 381, 28.12.2006, p. 24.

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3. The Commission shall ensure proper use of the Common
Logo by undertaking or coordinating action described in Arti-
cle IX, paragraphs 2, 3 and 4, of the Agreement. Member States
shall take action 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 to the Commis-
sion for initial action.

Article 13

Review

One year before the expiry of the Agreement, the Commission
shall produce and submit to the European Parliament and the
Council a report monitoring the energy efficiency of the office
in the Community and evaluating the
equipment market
effectiveness of the Energy Star programme. The report shall
include qualitative as well as quantitative data and also data on
the benefits derived from the Energy Star programme, namely
energy savings and environmental benefits in terms of carbon
dioxide emission reductions.

Article 14

Revision

Before the Parties to the Agreement discuss its renewal
in
accordance with Article XIV, paragraph 2 thereof, the Commis-
sion shall assess the Energy Star programme in the light of the
experience gained during its operation.

Article 15

Repeal

Regulation (EC) No 2422/2001 is hereby repealed.

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

Article 16

Final provisions

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Strasbourg, 15 January 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J. LENARČIČ

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ANNEX

Regulation (EC) No 2422/2001

This Regulation

Article 1

Article 1, last sentence

Article 2

Article 3

Article 4(1)

Article 4(2)

—

Article 4(3)

Article 4(4)

Article 5

Article 6(1)

Article 6(2)

Article 6(3)

Article 7

Article 8(1)

Article 8(2)

Article 8(3)

—

Article 8(4)

Article 8(5)

Article 9

Article 1

—

Article 2

Article 3

Article 4(1)

Article 4(2)

Article 4(3)

Article 4(4)

Article 4(5)

Article 5

—

—

Article 6

Article 7

Article 8(1)

—

Article 8(2)

Article 8(3)

Article 8(4)

—

Article 9

Article 10, first paragraph, introductory part

Article 10, first paragraph, introductory part

Article 10, first paragraph, first indent

Article 10, first paragraph, point (a)

Article 10, first paragraph, second indent

Article 10, first paragraph, point (b)

Article 10, first paragraph, third indent

—

—

Article 10, first paragraph, point (c)

Article 10, first paragraph, fourth indent

Article 10, first paragraph, point (d)

Article 10, second paragraph, first sentence

Article 10, second paragraph

Article 11, first paragraph

Article 11, point 1

Article 11, point 2

Article 11, point 3, first sentence

Article 11(1)

Article 11(2)

Article 11(3)

Article 11(4)

Article 11, point 3, second sentence

Article 11(5), first sentence

—

Article 11(5), last sentence

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Regulation (EC) No 2422/2001

This Regulation

Article 12

Article 13

—

Article 14, first paragraph

Article 14, second paragraph

—

Article 15

Annex

Article 12

—

Article 13

Article 14

—

Article 15

Article 16

—