COMMISSION STAFF WORKING DOCUMENT Guidance note on Directive 2012/27/EU on energy efficiency, amending Directives 2009/125/EC and 2010/30/EC, and repealing Directives 2004/8/EC and 2006/32/EC Article 6: Purchasing by public bodies Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Implementing the Energy Efficiency Directive – Commission Guidance
Date: 2013-11-06
Institutions: European Commission
Subjects: application of EU law, award of contract, energy consumption, energy efficiency, energy saving, energy use, public building, services contract, supplies contract













EUR-Lex - 52013SC0446 - EN











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52013SC0446

COMMISSION STAFF WORKING DOCUMENT Guidance note on Directive 2012/27/EU on energy efficiency, amending Directives 2009/125/EC and 2010/30/EC, and repealing Directives 2004/8/EC and 2006/32/EC Article 6: Purchasing by public bodies Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Implementing the Energy Efficiency Directive – Commission Guidance /* SWD/2013/0446 final */









TABLE OF CONTENTS
A.    Introduction. 3
B.    Legal and policy
context 3
C.    Scope of the
obligation. 5
C1.
    Central
government 5
C2.
    Procurement
items covered. 6
C3.
    Thresholds. 9
D.    The Procurement
Process. 10
D1.
    The
conditionalities. 10
D2.
    Conclusion. 12

Article 6: Purchasing by Public Bodies

A.                    
Introduction

1.                 
Article 6
of Directive 2012/27/EU of 25 October 2012 on energy efficiency[1] (the Energy Efficiency Directive – hereafter
also 'the EED' or 'the Directive') requires Member States to ensure that
central governments purchase only products, services and buildings with high
energy-efficiency performance. The Directive indicates what these items are and
what level of performance they must meet by referring to criteria established
under a number of EU legislative measures such as the Energy Labelling
Directive 2010/30/EU[2] and the Energy Performance of
Buildings Directive (2010/31/EU) (hereafter 'the EPBD')[3]. This obligation is subject to a number
of conditions listed in Article 6(1) and applies only to contracts with a value
equal to, or greater than, the thresholds laid down in Article 7 of the Public
Procurement Directive (2004/18/EC, hereafter also 'the PPD') [4]. 
Article
6 also includes specific provisions on contracts of the armed forces;
assistance to regional and local administrative levels; promoting energy
performance contracting; and purchasing product packages. The aim of this paper
is to assist Member States in the implementation of Article 6 by discussing the
following issues:
·     
the
relationship between Article 6 and the Public Procurement Directive and its comparison
with other EU legislation in the field of energy efficiency procurement;
·      the scope of
Article 6 in terms of obligated parties, procurement items and contracts to
which it applies;
·      the inclusion
of the provisions of Article 6 in the procurement process.
This
note aims to provide guidance to Member States on how to apply Article 6 of the
EED. The note states the views of the Commission services, does
not alter the legal effects of the Directive and is without prejudice to the
binding interpretation of Article 6 as provided by the Court of Justice. 

B.                    
Legal and policy context

2.                 
The
general rules applicable to procurement in sectors other than defence, water,
energy, transport and post are set out in the Public Procurement Directive. 
3.                 
The Public
Procurement Directive sets the framework for how procurement should be
undertaken with the aim of ensuring principles such as fair competition and
getting best value for taxpayers’ money. It leaves to specific legislation,
such as the EED, any definition of what has to be purchased. The rules
included in such specific legislation need, however, to be in line with the rules
of the general procurement framework. 
4.                 
In the
case of the EED the principles of 'acting fairly' and 'getting value for money' are
ensured by the fact that the minimum requirements the procured items must meet
are openly-available/non-proprietary and common and they aim at minimising the
life-cycle cost of these items. This is discussed in greater detail in section D
of this paper.
5.                 
The body
of mandatory EU rules in the field of energy-efficiency procurement is well
established. Energy efficiency is factored into the procurement process in
different ways: 
·       
Under
the Clean Vehicles Directive (2009/33/EC)[5] the contracting parties
have to take into account the operational lifetime cost of purchased vehicles
in a number of ways, including energy consumption and carbon emissions. This
has to be done either by setting appropriate technical specifications, or by
including these aspects in the award criteria. If the impacts are monetized for
inclusion in the purchasing process Member States have to use a defined methodology
and standard data as defined in the Directive. In order to assist procurers,
the Clean Vehicle Portal[6] provides a
tool to calculate the life-time operational cost. 
·       
The
Energy Services Directive (2006/32/EC)[7] requires the
public sector to apply – as some of several options – the use of energy
performance contracting or the purchasing of energy-efficient products,
buildings and vehicles based on minimized life-cycle cost analysis. It is left
to Member States to define what efficiency levels and methodologies are
applied. This Directive was repealed by the entry into force of the EED on 4
December 2012.
·       
The
Energy Labelling Directive (2010/30/EU)[8] requires
contracting authorities to endeavour to procure only products belonging to the
highest efficiency class, where such products are covered by delegated acts
under this Directive. This provision will be repealed by the EED on 5 June
2014. 
·       
The
Energy Star Regulation (106/2008/EC)[9] applies the
same approach as Article 6 of the EED, namely that central governments must
specify energy-efficiency requirements for public supply contracts of office
equipment that are not less efficient than those set out under the Energy Star
Programme. 
Article 6 of the EED, therefore, does not
introduce a new approach to EU rules on energy-efficiency procurement, but
merely extends the scope of the obligation to additional items. 

C.                    
Scope of the obligation
C1.      Central government

6.                 
In line
with the definition provided by Article 2(9) of the EED, 'central government'
means 'all administrative departments whose competence extends over the
whole territory of a Member State'.  
7.                 
In putting
this definition into practice Member States can draw on;  
• Annex IV of the Public Procurement Directive (2004/18/EC),
which includes a list of central government bodies in all Member States;
• The data on public accounts which Eurostat collects on the
basis of Council Regulation 479/2009/EC on the application of the Protocol on
the excessive deficit procedure annexed to the Treaty establishing the European
Community[10]. 
The Guidance to Council Regulation 479/2009/EC, ESA95[11]  (European system of national and
regional accounts), defines central government in point S.1311 as: '[…] All
administrative departments of the State and other central agencies whose
competence extends normally over the whole economic territory, except for the
administration of social security funds. Included in sub-sector S.1311 are
those non-profit institutions which are controlled and mainly financed by
central government and whose competence extends over the whole economic
territory'.
8.                 
This
definition differs from that used in the EED in that the latter does not refer
explicitly to 'central agencies' and does not exclude 'administrative
departments for the administration of social security funds'. Member States could therefore, in
principle, use the lists of central government bodies specified for the
purposes of Council Regulation 479/2009/EC[12] as a possible reference for establishing
which institutions fall under the scope of Article 6 of the EED, while taking
into account the differences mentioned above. 
9.                 
The
Commission guidance on Council Regulation 479/2009/EC clarifies that central
government is those non-profit institutions which are controlled and mainly
financed by central government and whose competence extends over the whole
economic territory. Thus central government is not limited to ministries, but
includes the entities which are directly dependent on them in terms of
authority (i.e. are not fully autonomous) and financing. Council Regulation
479/2009/EC and the accompanying guidance provide possible criteria for Member
States to establish the scope of central government within the context of the
EED, but are in no way binding as the EED does not include references to that
Regulation nor to Annex IV of the Public Procurement Directive in the context
of defining ‘central government’.
10.             
When
establishing the scope of the obligation, Member States should take into
account Recital 17 of the EED which provides that '[…] The obligation to
renovate floor area of central government buildings should apply to the
administrative departments whose competence extends over the whole territory of
a Member State. When in a given Member State and for a given competence no such
relevant administrative department exists that covers the whole territory, the
obligation should apply to those administrative departments whose competences
cover collectively the whole territory'. This recital takes into account
the federal structure of some Member States and is relevant to those Member
States where for certain competences (such as health or education) there are no
central/national government authorities which would exert control or would be
the main provider of financing. 

C2.      Procurement items covered

11.             
The
procurement items covered by laws listed in Annex III of the EED are set out
below. The list, with the exception of tyres and buildings, is not fixed and
exhaustive as implementing measures covering additional items will be proposed in
the future. 
Energy
labelling implementing regulations under Directive 2010/30/EU
12.             
Implementing
measures of the Energy Labelling Directive are delegated acts within the
meaning of Article 290 TFEU and are adopted by the Commission if the European
Parliament and the Council do not raise objections.
13.             
In the
case of the products mentioned below, Member States will have to purchase only
those products that belong to the highest energy efficiency class possible in
the light of the need to ensure sufficient competition:
-       
Household dishwashers (Regulation1059/2010/EU);
-       
Household refrigerating appliances (Regulation 1060/2010/EU);
-       
Household washing machines (Regulation 1061/2010/EU);
-       
Televisions (Regulation 1062/2010/EU);
-       
Air conditioners (Regulation 626/2011/EU);
-       
Household
tumble driers (Regulation 392/2012/EU);
-       
Electrical
lamps and luminaires (Regulation 874/2012/EU).        
14.             
In line
with Article 6(4) of the EED, when purchasing a product package covered as a
whole by a delegated act adopted under Directive 2010/30/ EU, Member States
will be allowed to require that the aggregate energy efficiency takes priority
over the energy efficiency of individual products within that package, by
purchasing the product package that belongs to the highest energy efficiency
class. 
15.             
Currently
there are no labelling rules for product packages. Energy labelling implementing
measures for product packages are expected in the near future for heaters and
lighting systems. As an hypothetical example, procurers purchasing a lighting
system package including lamps, controls, ballasts and luminaires might be able
to request that the lamps need to have only a category 'B', provided that the
whole package reaches the highest category (A+ and above).
Ecodesign
implementing measures under Directive 2009/125/EC
16.        
Implementing
measures under the Ecodesign Directive[13] are currently dealt with
under the 'Comitology' procedure and are adopted by the Commission after a vote
of a regulatory committee composed of Member State representatives and further
to the scrutiny of the European Parliament and the Council.
17.             
For
products covered by an Ecodesign implementing measure central governments may
only purchase products that comply with energy efficiency benchmarks specified
in that implementing measure. This requirement is applicable only to
products that are not covered by implementing measures of the Energy Labelling
Directive. In addition this requirement is applicable only to Ecodesign
implementing regulations adopted after the entry into force of the EED. Thus
far this list includes Commission
Regulation (EU) No 1194/2012 setting ecodesign requirements for directional
lamps, for light emitting diode lamps and related equipment and Commission
Regulation (EU) No 617/2013 –setting ecodesign requirements for computers and
computer servers.
Energy
Star
18.             
Energy
Star specifications are included in Annex C of the EU-US Energy Star Agreement[14]. It should be noted that,
since Energy Star is a voluntary label, the EED does not require that the
procured office equipment be Energy Star-labelled, but merely that it is not
less efficient than the levels indicated under the relevant Energy Star
specifications. New product specifications are to be added in the course of
2013. 
19.             
The
adoption of Ecodesign implementing measures for products that fall under the
Energy Star Agreement is planned for 2013. The question then arises as to which
of the two rules should be used by Member States as the basis for public
procurement. Since the EED does not address it specifically, this issue will
need to be tackled in product-specific Ecodesign implementing measures or
through a horizontal Ecodesign implementing measure r
addressing this specific issue.
Tyres
20.             
Central governments
will only be able to purchase tyres that achieve the highest fuel energy
efficiency class, as defined by Regulation 1222/2009/EC[15] on the labelling of tyres
with respect to fuel efficiency and other essential parameters. Annex III of
the EED indicates that this requirement should not prevent public bodies from
purchasing tyres with the highest wet grip class or external rolling noise
class where justified by safety or public health reasons. Article 6 of the EED
does not apply to tyre types excluded from the scope of Regulation 1222/2009/EC
by virtue of Article 2 of that Regulation (e.g. re-treaded tyres).
Services
21.             
Given that
the EED does not define ‘Service contracts’, the relevant definitions of the
PPD should be used as a reference point. ‘Public service contracts’ are defined
in Article 1(2)(d) of the PPD and listed in Annex II of that Directive. This is
necessary in order to differentiate ‘public service contracts’ from ‘public
works contracts’, which are not included in the scope of Article 6 of the EED. 
22.             
Central
governments will have to require in their tenders for service contracts that
service providers only use products that comply with the requirements referred
to in points (a) to (d) of Annex III of the EED, when providing the services in
question. This requirement will apply only to new products purchased by service
providers partially or wholly for the purpose of providing the service in
question. As an example, a procurement entity purchasing IT services will not
have to request that the service providers upgrade all of their equipment to
Energy Star levels, but only that the new equipment they will purchase for the
purposes of the service in question meets those levels. 
23.             
The
contract documents (such as contract notices, contract documents or additional
documents) need to specify how bidders are to provide evidence of meeting this
requirement. They will need to take account of the fact that this will work
differently under different contracting routes – for instance, whilst it may be
possible to identify purchases made specifically for the provision of a particular
defined service, it may be more difficult initially to do so for outcome-based
specifications, especially those that are established by negotiation. In the
latter case, a possible option could be a binding statement of intent at an
early stage from bidders, followed by the expected greater detail as part of
any final bid. The contract documents would need to specify the means by which
this obligation will be verified. These means will need to be proportionate to
the nature of the service in question. The evidence requested from contractors
could include samples, descriptions and photographs of the products purchased
for the service in question or certificates drawn up by official quality
control institutes or agencies of recognised competence attesting the
conformity of products purchased and used by the service provider.
Buildings
24.             
In
purchasing or making new rental agreements for buildings, central governments
will in general have to choose only buildings which comply with the minimum
efficiency requirements that the Member State in question has set under the EPBD.

25.             
Article 6
and Annex III of the EED indicate that the purchased or rented buildings have
to meet the minimum energy performance requirements set under with Article 4 of
the EPBD. This EPBD provision requires Member States to set inter alia
minimum requirements for buildings and building elements. 
26.             
Where a Member State has chosen to transpose the EPBD by applying minimum requirements only to the
elements of the renovated building as permitted under Article 7 of the EPBD, it
will need to be verified whether the whole building meets the minimum
requirements. Annex III of the EED indicates that compliance with Article 6 and
Annex III (f) of the EED should be verified by means of the energy performance
certificates referred to in Article 11 of the EPBD. This provides that the
energy performance certificates should include the energy performance of a
building and reference values such as minimum energy performance requirements
in order to be able to compare and assess the energy performance. Therefore,
irrespective of how Articles 4 and 7 of the EPBD have been transposed, energy
performance certificates that comply with the requirements of Article 11 of the
EPBD ought to provide Member States with the means of meeting the requirements
of Article 6 and Annex III (f) of the EED.
27.             
There is
no contradiction between minimum efficiency requirements applied to building
elements under Article 7 of the EPBD and the establishment of the energy
performance of the building as a whole. Article 4 of the EPBD requires Member
States to set minimum energy performance requirements for buildings or building
units as well as for building elements. Article 7 of the EPBD indicates that
Member States should take the necessary measures to ensure that, when buildings
undergo major renovation, the energy performance of the building or the
renovated part thereof is upgraded in order to meet minimum energy performance
requirements set in accordance with Article 4 in so far as this is technically,
functionally and economically feasible. It specifies that those requirements
should be applied to the renovated building or building unit as a whole and,
additionally or alternatively, those requirements may be applied to the renovated
building elements. 
28.             
Annex III
point (f) of the EED lists certain exemptions. One is when central governments
purchase or rent a building in order to undertake deep renovation or
demolition. Although 'deep renovations' are not defined in the
Directive, Recital 16 refers to them as renovations 'which lead to a
refurbishment that reduces both the delivered and the final energy consumption
of a building by a significant percentage compared with the pre-renovation
levels leading to a very high energy performance'. This implies that such
renovations must at least to go beyond the minimum efficiency requirements set
under the EPBD.

C3.         Thresholds

29.             
The
obligations laid down in Article 6 of the EED are applicable to contracts above
the thresholds listed in Article 7 of the Public Procurement Directive. The
thresholds now in force were established by Regulation 1251/2011/EU[16]. For all supplies contracts contracted
by central government not operating in the field of defence and for all
contracts and design contests concerning services listed in Annex II, part A of
the PPD the threshold is 130 000 euros. For all contracts concerning services
listed in Annex II B of the PPD the threshold is 200 000 euros. Services are
covered by Annex III of the EED, and in that context, the relevant categories in
Annex II, part A of the PPD include, among other, maintenance and repair
services, computer and related services, building-cleaning services and
property management services. 
30.             
Since the
purchasing of existing buildings is not covered by the PPD, no contract
thresholds apply in this case. Central government bodies can only purchase, or
make new rental agreements for buildings that comply at least with the minimum
efficiency requirements referred to in Article 4(1) of the EPBD, irrespective
of the value of the building purchased or of the rental contract.

D.                    
The Procurement Process

31.             
The
principle of Article 6 of the EED is simple – when central governments purchase
products, buildings and services, they must ensure high energy efficiency and
they must comply with the standards listed in Annex III. These are mandatory
minimum requirements and, in line with Article 1(2) of the EED, Member States
can go further as long as this is compatible with EU law and more stringent
national measures are notified to the Commission. Therefore, in the procurement
process, these requirements should in principle be part of technical
specifications or any other document defining the subject matter of the
contract. 
32.             
The
obligations imposed under Article 6 of the EED are to a certain extent
conditional. They must be consistent with cost‑effectiveness, economical
feasibility, wider sustainability, technical suitability and sufficient
competition. These terms aim to anchor the specific legislation in the core
principles of the PPD, namely 'getting value for money' and ensuring
fair competition. Therefore, as long as the 'conditionalities' are met, Member
States must purchase the most energy efficient products, services and buildings
available. In order to determine whether the conditionalites are met, Member
States should establish a transparent and evidence-based methodology, rather
than deciding on a case-by-case basis, so as to ensure that the principles of 'acting fairly' and 'getting value for money' laid out
on the general procurement legislation are respected. .In general these
five 'conditionalities' are factored into the legal acts listed in Annex III of
the EED. There could be however cases where purchasing
products/services/buildings as specified in Annex III will not satisfy all of
the ‘conditionalities’. The sections below provide guidance in which instances
this may be the case and how it could be verified.

D1.      The conditionalities

Cost-effectiveness
and economical feasibility
33.             
In the
context of energy efficiency, cost-effectiveness in principle means
cost-effectiveness over the life-cycle of the product, service or building in
question, and relates the costs of a measure to the impact that has been
achieved in terms of energy efficiency (i.e. Euro purchase cost per
amount of energy saved) and performance of the product/service/building..
Cost-effectiveness in the context of public procurement can, however, also be
understood in a wider way so as to include considerations which are not linked
with direct benefits to the procuring entity, e.g. societal costs associated
with greenhouse gas emissions or air pollutants. An example of the
consideration of such societal costs is the EPBD, which allows Member States to
use the macroeconomic approach when setting the cost optimal level of energy
efficiency of buildings and includes the cost of CO2 emissions in
calculations. Another example is the Clean Vehicles Directive, where external
costs related to CO2, NOx, non-methane hydrocarbons and particulate
matter are considered in calculating the life-cycle cost of vehicles purchased
by public authorities. 
34.        
Economical
feasibility relates to the upfront price and the running costs of the
product/service/building and the ability of the procurement entity to bear this
cost. As energy efficiency measures always lead to a decrease of running costs
as regards energy cost, in this context the principle of economical feasibility
relates only to the ability of the procurement entity to bear the upfront price
and other running cost like maintenance or spare parts.. It needs to be
underlined that Article 6 and the EED more broadly aim at minimising the
life-cycle cost irrespective of the upfront price.
35.             
Life-cycle
cost-effectiveness underpins the items listed in Annex III of the EED, be it
minimum requirements under the EPBD or Energy Star specifications for office equipment.
Under the EPBD, minimum requirements for buildings have to be set with a view
to achieving cost-optimal levels, whereas minimising life-cycle cost compared
to market average is one of the criteria for setting Energy Star
specifications. 
36.             
However
there could be a situation where it is not cost-effective or economically
feasible to buy the most energy-efficient product, for example in relation to
benchmarks for certain products under the Ecodesign Directive and the highest
efficiency classes for certain products under the Energy Labelling Directive. Ecodesign
benchmarks aim to identify best-performing products on the market, and the
Energy Labelling Directive allows for the setting of empty top energy classes
corresponding to not-yet available or not sufficiently available technology. This
may limit the number of products available on the market which can meet the top
requirements, until new more efficient models appear corresponding to this top
tier. In these two cases manufacturers may charge premiums which exceed the
savings resulting from lower operational cost or make the purchase of the
product economically not feasible. 
37.             
In the
context of Article 6 of the EED, cost-effectiveness does not mean the cheapest
product on the market from a life-cycle cost standpoint. For example, in the
case of products the least-life cycle cost level corresponds to minimum
requirements set under the Ecodesign Directive. In this case purchasing a
product with a least life-cycle cost would mean purchasing the least efficient
product on the market. Central governments have an obligation to ‘pull’ the
market through procurement towards greater efficiency even if this does not result
in purchasing the products with the least life-cycle cost. This leading role is
emphasised by Recital 15 of the EED. 
38.        
However if
public procurers
discover that the life-cycle cost of all products belonging to an efficiency
category required to be purchased under Article 6 of the EED is significantly
higher than the life-cycle cost of less efficient products, they should have
the possibility to purchase these less efficient products, provided this is
done on the basis of a structured (i.e. not ad hoc),
evidence-based and transparent approach. 
Wider
sustainability
39.             
Wider
sustainability is not contradictory with greater energy-efficiency. On the
contrary, in most cases there are synergies between the two elements. In
addition in the case of items covered by Annex III of the EED, energy
consumption in the use phase usually has  the greatest environmental impacts.
40.             
In those
rare instances where there is a conflict between greater energy efficiency and
reduced environmental impact, public procurers will need to weigh those impacts
on the basis of a transparent and evidence-based approach in order to be able
to purchase products/buildings/services which are less efficient than those
whose efficiency corresponds to the levels indicated in Annex III of the EED.
This would have to be established on the basis of appropriate data and tools
such as Ecoindicators[17].
It is, however, difficult to put on the same scale energy, materials, air
emissions and other environmental impacts. One possible option is to normalise by
dividing each impact category by the whole amount of this category (e.g. air
emissions) in a given year in the EU or the individual Member State, and then compare in which environmental category the impact of the product is greater.
Such assessments are imperfect but they can help identify those cases where
higher energy efficiency could lead to an overall negative environmental
impact. 
41.             
In those
cases where it is found on the basis of well-established tools and data that
the global environmental impact of all products belonging to an energy
efficiency category required to be purchased under Article 6 of the EED is
significantly worse than the global environmental impact of less energy
efficient products, public procurers should have the possibility to purchase
these less energy efficient products.
Sufficient competition
42.             
Under the
EED an issue could arise where for a given product there is a limited offer on
the market. This may again apply in particular to benchmarks under the
Ecodesign Directive and top energy classes under the Energy Labelling
Directive. Available databases such as 'Top ten' (www.topten.eu) can assist procurers in
estimating the number of products on offer for a given category. It should be
noted however that in the ‘Concordia Bus Finland’ case (C-513/99) the European
Court of Justice found that '[...] the fact that one of the criteria adopted
by the contracting authority to identify the economically most advantageous
tender could be satisfied only by a small number of undertakings, one of which
was an undertaking belonging to the contracting authority, is not in itself
such as to constitute a breach of the principle of equal treatment'
(paragraph 85).

D2.      Conclusion

43.             
In an
instance where a procuring entity would have reasonable doubts that the most
efficient products/services/buildings available on the market and meeting the
criteria listed in Annex III of the EED do not meet one or more of the
conditionalities included in Article 6, the obligation to purchase those items does
not apply. The entity will have to demonstrate in a transparent and evidence
based way that the conditionality is not met. The manner in which this has to
be shown should be set out in the national legislation transposing Article 6 of
the EED, or in other publicly available official documentation.
[1] Directive 2012/27/EU of the European Parliament and of the Council of
25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU
and repealing Directives 2004/8/EC and 2006/32/EC, OJ L 315/1 of 14 November
2012.
[2] 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 products, OJ
L 153, 18.6.2010, p. 1
[3] Directive
2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the
energy    performance
of buildings (recast), OJ L 153, 18.6.2010, p. 13
[4] OJ L 134, 30.4.2004, p. 114–240
[5] Directive 2009/33/EC of the European Parliament and of
the Council of 23 April 2009 on the promotion of 
clean and energy-efficient
road transport vehicles, OJ L 120, 15.5.2009, p. 5–12
[6] http://www.cleanvehicle.eu/
[7] Directive 2006/32/EC of the European Parliament
and of the Council of 5 April 2006 on energy end-use  
efficiency and energy
services and repealing Council Directive 93/76/EEC, OJ
L 114, 27.4.2006, p. 64–85
[8] 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
products, OJ L 153, 18.6.2010, p. 1
[9] 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), OJ L 39, 13.2.2008, p. 1–7
[10]   OJ L
145,10.6.2009,.p.1
[11] http://circa.europa.eu/irc/dsis/nfaccount/info/data/esa95/en/een00081.htm.
[12] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:145:0001:0009:en:PDF.
[13] Directive
2009/125/EC of the European Parliament and of the Council of 21 October 2009
establishing a 
 framework for the setting of
ecodesign requirements for energy-related products (recast), OJ L 285, 
 31.10.2009, p. 10
[14] 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, OJ L 63/7 of 6.3.2013.
[15] Regulation (EC) No 1222/2009 of the
European Parliament and of the Council of 25 November 2009 on the 
 labelling of tyres with
respect to fuel efficiency and other essential parameters , OJ L 342, 22.12.2009, p. 46–
 58
[16] Commission
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2004/17/EC,
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the European Parliament and of the Council in respect of their application 
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2.12.2011, p. 
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[17] ILCD handbook. Analysis of existing Environmental
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