Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a European Union energy-efficiency labelling programme for office equipment amending Regulation (EC) No 106/2008 on a Community energy-efficiency labelling programme for office equipment
Date: 2012-03-15
Institutions: European Commission
Subjects: EU programme, United States, association agreement (EU), computer equipment, eco-label, office automation, technical specification

EUROPEAN COMMISSION 

Brussels, 15.3.2012  
COM(2012) 109 final 

2012/0049 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a European Union energy-efficiency labelling programme for office equipment 
amending Regulation (EC) No 106/2008 on a Community energy-efficiency labelling 
programme for office equipment 

(Text with EEA relevance) 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Regulation (EC) No 106/2008 sets out the rules for implementing the Energy Star programme 
for  office  equipment  (computers,  displays,  printers,  copiers,  scanners,  etc.)  in  the  European 
Union. The Energy Star programme is implemented in the EU on the basis of an Agreement 
between the Government  of  the  United  States of America and the  European Community  on 
the  coordination  of  energy  efficiency  labelling  programmes  for  office  equipment1which 
expired in December 2011. On 12 July 2011 the Council adopted a Decision authorising the 
Commission to negotiate a new 5-year agreement and the negotiations were concluded on 29 
November  2011.  The  purpose  of  this  proposal  for  an  amendment  of  Regulation  (EC) 
106/2008 is to adapt the implementation of the Energy Star programme to a new agreement. 
A proposal for a Council Decision for the signature and conclusion of the new Energy Star 
Agreement  is  presented  to  the  Council  with  this  proposal  for  an  amendment  of  Regulation 
(EC) 106/2008. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The proposals for the new Agreement and the amendment of Regulation (EC) 106/2008 take 
into  account  the  experience  gained  during  the  first  two  periods  of  implementation  of  the 
Energy  Star  programme  in  the  EU  from  2001  to  2010,  as  well  as  the  consultations  of  the 
European Union Energy Star Board.  

The  detailed  rationale  for  continuing  the  Energy  Star  Programme  for  a  third  period  of  five 
years is set out in the Communication on the implementation of the Energy Star Programme 
in the period 2006-20102, and in the Recommendation from the Commission to the Council to 
open  negotiations  for  the  second  Energy  Star  Agreement.  The  main  points  are  summarized 
hereinafter: 

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1 
2 

Energy Star has been very effective in steering the office equipment market towards 
greater energy efficiency. It has succeeded in reducing the electricity consumption of 
office equipment sold in the last 3 years by around 11 TWh, i.e. by approximately 16 
%. As a result more than EUR 1.8 bn have been saved on energy bills and 3.7 Mt of 
CO2 emissions have been avoided. 

It provides a flexible and dynamic policy framework, particularly well suited to fast-
evolving products such as ICT.  

The  EU  and  the  US  should  continue  to  cooperate  on  developing  product 
specifications with the same level of requirements being introduced at approximately 
the same time by both entities. 

Given the intention of the US to introduce third-party certification to the programme, 
the agreement should continue  under two  distinct product registration systems with 

OJL 381, 28.12.2006, p.26. 
COM(2011)337 final 

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– 

– 

– 

self-certification  applied  in  the  EU  and  third-party  certification  applied  in  the  US. 
The end of the mutual recognition principle is not expected to have a negative impact 
on  manufacturers  participating  in  the  EU  programme  as  they  are  focused  primarily 
on the EU market.  

Manufacturers have indicated the requirement for central government authorities to 
purchase office equipment at least as efficient as Energy Star as the primary driver 
for  their  participation  in  the  programme.  Moreover,  as  a  significant  proportion  of 
them  participate  in  public  tenders  in  Member  States  other  than  where  they  are 
established,  a  reinforcement  of  the  provisions  on  public  procurement  should  be 
considered.  Additional  rationale  for  strengthening  the  provisions  on  public 
procurement is provided  in  the  Impact Assessment3 accompanying the  proposal for 
an Energy Efficiency Directive4.  

Although the available data shows a high degree of compliance, the Commission and 
the  Member  States  should  cooperate  closely  on  the  thorough  enforcement  of  the 
programme and should review the effectiveness of this enforcement no later than 18 
months  after  the  conclusion  of  the  agreement.  In  this  connection  the  respective 
obligations of the Commission and the Member States regarding the enforcement of 
the programme should be clarified. 

The Commission will continue to monitor the impact of the changes proposed by the 
US  and  of  the  Energy  Star  Programme  on  energy  savings,  manufacturers  and 
compliance. At least two years before the expiry of the new agreement it will analyse 
possible  options  for  addressing  the  energy  consumption  of  office  equipment, 
including replacing Energy Star with alternative policy instruments. 

3. 

LEGAL ASPECTS OF THE PROPOSAL 

The  primary  purpose  of  this  proposal  for  an  amendment  of  Regulation  (EC)  106/2008  is  to 
adapt the implementation of the Energy Star Programme to the new Agreement between the 
Government of the United States of America and the European Union on the coordination of 
energy-efficiency labelling programmes for office equipment.  

The only substantive amendment to the proposal is the deletion of Article 4(4) of Regulation 
106/2008, which states that "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". Until now the programme in the EU and the US has operated on the 
basis  of  self-certification  by  manufacturers.  The  success  of  the  programme  in  the  EU  is 
considered to be partly based on such lightweight product registration procedures. However, 
the US has decided to move to third-party certification for products placed on the US market. 
Such an approach is not recommended for the EU market. It could negatively impact on the 
programme  and  place  SMEs  at  a  disadvantage  in  relation  to  big  manufacturers.  Thus  under 
the  new  agreement  the  programme  will  have  to  function  under  two  separate  product-
registration  systems.  Products  placed  on  the  EU  market  will  need  to  be  registered  with  the 
European Commission, while products placed on the US market will need to register through 

3 
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SEC(2011) 779 final 
COM(2011) 370 final 

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third parties accredited under the US Energy Star Programme. This means that the principle of 
mutual recognition will no longer be applicable:  

Other amendments aim at updating the references to existing legislation (in Article 4) and to 
the new agreement (in Article 11), as well as updating the name of the Energy Star Board (in 
Article  8).  Article  12  provides  a  clarification  of  the  responsibilities  of  the  Commission  and 
Member States for the enforcement of the Programme. Article 4 and 7, as well as Article 13 
and 14 are merged.  

The Communication on the implementation of the Energy Star programme in the period 2006-
2010 concluded that consideration should be given to strengthening the provisions on public 
procurement. However as a timely implementation of the Energy Star programme under the 
new agreement depends on the swift adoption of the amended regulation substantial changes 
in  the  text  are  not  being  proposed.  Instead,  the  reinforcement  of  the  public  procurement 
provisions  will  be  covered  by  the  proposal  for  an  Energy  Efficiency  Directive5  which 
addresses public procurement in a comprehensive way. The amended Regulation should take 
into account the provisions on public procurement of this Directive. 

The  Commission  will  continuously  monitor  the  impact  of  the  changes  proposed  by  the  US 
and of the Energy Star Programme on energy savings, manufacturers and compliance. At least 
two  years  before  the  expiry  of  a  new  Agreement  it  will  analyse  possible  future  options  for 
addressing the energy consumption of office equipment, including replacing Energy Star with 
alternative policy instruments. 

4. 

BUDGETARY IMPLICATIONS 

The proposal aims at continuing the implementation of an existing programme and therefore 
has  no  impact  on  operational  and  administrative  appropriations  and  on  human  resources. 

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COM(2011) 370 final 

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2012/0049 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a European Union energy-efficiency labelling programme for office equipment 
amending Regulation (EC) No 106/2008 on a Community energy-efficiency labelling 
programme for office equipment 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 194(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

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

Having regard to the opinion of the Committee of the Regions,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

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 
equipment6 implements the Energy Star Programme in the Union on the basis of the 
Agreement  between  the  Government  of  the  United  States  of  America  and  the 
European Community on the coordination of energy-efficiency labelling programs for 
office  equipment7.  This  Agreement  expired  on  28  December  2011  and  the  Council 
adopted a decision authorising the Commission to negotiate a new five-year agreement 
with the United States. Negotiations regarding a new agreement were concluded on 29 
November 2011. Therefore, the reference to the new agreement should be inserted. 

(2) 

It is also necessary to update the references to Union labelling or quality-certification 
schemes established by Directive 2009/125/EC of the European Parliament and of the 
Council  of  21  October  2009  establishing  a  framework  for  the  setting  of  ecodesign 

6 
7 

OJ L 39, 13.2.2008, p. 1. 
OJ L 381, 28.12.2006, p. 26. 

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requirements  for  energy-related  products8,  Directive  2010/30/EU  of  the  European 
Parliament  and  of  the  Council  of  19  May  2010  on  the  indication  by  labelling  and 
standard  product  information  of  the  consumption  of  energy  and  other  resources  by 
energy-related  products9  and  by  Regulation  (EC)  No  66/2010  of  the  European 
Parliament and of the Council of 25 November 2009 on the EU Ecolabel10. 

This amending Regulation provides a useful opportunity to insert a new name of the 
Energy Star Board. 

Article  4(4)  should  be  deleted  to  take  into  account  Article  VI  of  the  new  agreement 
which  provides  for  two  separate  product  certification  schemes  (self-certification  for 
products placed on the Union market and third-party certification for products placed 
on the United States market). 

The  link  with  the  relevant  provisions  of  Directive  […./../EU]  of  the  European 
Parliament and of the Council on energy efficiency and repealing Directive 2004/8/EC 
and 2006/32/EC11 should be clarified in Article 6.  

The respective obligations of the Commission and Member States for the enforcement 
of the Energy Star Programme set out in Article 12(3) should be clarified. 

The assessment of the Programme should include a consideration of alternative policy 
options and provide sufficient time for an informed decision on a possible renewal of 
the agreement. 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Regulation (EC) No 106/2008 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 106/2008 shall be amended as follows: 

(1) 

Article 4 is replaced by the following: 

"Article 4 

General principles 

1.  The  Energy  Star  programme  shall  be  coordinated,  as  appropriate,  with  other  European 
Union labelling or quality certification arrangements as well as with schemes such as, in 
particular, the European Union Ecolabel award scheme, established by Regulation (EC) 
No  66/2010,  the  indication  by  labelling  and  standard  product  information  of  the 
consumption  of  energy  and  other  resources  by  energy-related  products,  established  by 

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11 

OJ L 285, 31.10.2009, p. 10. 
OJ L 153, 18.6.2010, p. 1. 
OJ L 27, 30.1.2010, p. 1.  
OJ L […], […], p. […]. 

EN 

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Directive  2010/30/EC  and  measures  implementing  Directive  2009/125/EC.  This 
coordination  shall  include  the  exchange  of  evidence  and,  if  appropriate,  the  setting  of 
common levels of specifications and requirements across the different schemes. 

2.  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. 

3.  The  Common  Logo  may  be  used  by  programme  participants  on  their  individual  office 

equipment products and on associated promotional material. 

4.  Participation in the Energy Star programme shall be on a voluntary basis. 

5.  Without  prejudice  to  any  European  Union  rules  on  conformity  assessment  and 
conformity  marking  and/or  to  any  international  agreement  concluded  between  the 
European  Union  and  third  countries  as  regards  access  to  the  European  Union  market, 
products  covered  by  this  Regulation  which  are  placed  on  the  European  Union  market 
may be tested by the Commission or Member States in order to verify their compliance 
with the requirements of this Regulation. 

(2) 

Article 6 is replaced by the following: 

"Article 6 

Promotion of energy-efficiency criteria 

1.  For the duration of the Agreement 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  contracts12,  shall,  without  prejudice  to  Union  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.  This  Article  shall 
apply without prejudice to the provisions laid down in Article 5 and Annex III(f) of the 
Directive […./../EU] of the European Parliament and of the Council on energy efficiency 
and repealing Directive 2004/8/EC and 2006/32/EC13. 

2.  For the duration of the Agreement the Commission and the other Union institutions shall, 
without  prejudice  to  Union  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 Directive 2004/18/EC. 

(3) 

(4) 

Article 7 is deleted. 

Article 8 is replaced by the following: 

12 
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). 
13 

OJ L […], […], p. […]. 

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"Article 8 

European Union Energy Star Board 

1. 

2. 

3. 

4. 

The  Commission  shall  establish  a  European  Union  Energy  Star  Board  (EUESB) 
consisting  of  national  representatives  referred  to  in  Article  9  and  representatives  of 
interested  parties.  The  EUESB  shall  review  the  implementation  of  the  Energy  Star 
programme  within  the  Union  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. 

The  Commission  shall  ensure  that,  to  the  extent  possible  in  the  conduct  of  its 
activities, the EUESB 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. 

The  Commission,  assisted  by  the  EUESB,  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. 

The Commission shall establish the EUESB's  rules of procedure, taking account of 
the views of national representatives in the EUESB." 

(5) 

Article 11 is replaced by the following: 

"Article 11 

Preparatory procedures for the revision of technical criteria 

1. 

2. 

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  […]  of  […]  concerning 
conclusion  of  the  Agreement  between  the  Government  of  the  United  States  of 
America and the European Union on the coordination of energy-efficiency labelling 
programmes  for  office  equipment14,  the  steps  set  out  in  paragraphs  2  to  5  shall  be 
taken. 

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

14 

OJ L […], […], p. […]. 

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3. 

4. 

5. 

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

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

The  Commission  shall  take  particular  account  of  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 EUESB shall, 
before  giving  its  views  on  any  new  Common  Specifications,  take  into  account  the 
latest results of ecodesign studies." 

(6) 

Articles 12 and 13 are replaced by the following: 

"Article 12 

Market surveillance and control of abuse 

1. 

2. 

3. 

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. 

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  ensure  proper  use  of  the  Common  Logo  by  undertaking  or 
coordinating action described in Article IX, paragraphs 2, 3 and 4, of the Agreement. 
Member  States  shall  take  action  as  appropriate,  notably  described  in  Article  IX, 
paragraph  5,  of  the  Agreement  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 
the 
Commission for initial action. 

to 

"Article 13 

Review and revision 

Before  the  Parties  to  the  Agreement  discuss  its  renewal  in  accordance  with  Article  XIV, 
paragraph  2  thereof  the  Commission  shall  evaluate  the  effectiveness  of  the  Energy  Star 
programme in improving the energy efficiency of office equipment and in providing market 
opportunities  for  manufacturers,  and  asses  alternative  policy  options  such  as  those  provided 
by Union legislation, notably Directive 2009/125/EC and 2010/30/EC. The results of such an 
evaluation and assessment shall be reported to the European Parliament and to the Council at 
least two years before the expiry of the Agreement." 

(7) 

Article 14 is deleted 

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Article 2 

Entry into force 

This Regulation shall enter into force on the twentieth day following that of 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 Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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