Amendments adopted by the European Parliament on 6 July 2016 on the proposal for a regulation of the European Parliament and of the Council setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU (COM(2015)0341 — C8-0189/2015 — 2015/0149(COD))
Date: 2016-07-06
Institutions: Committee on Budgets, Committee on Economic and Monetary Affairs, Committee on Industry, Research and Energy, Committee on Legal Affairs, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: European standard, consumer information, energy consumption, energy efficiency, energy saving, environmental protection, labelling, market approval




C_2018101EN.01018201.xml










16.3.2018   


EN


Official Journal of the European Union


C 101/182





P8_TA(2016)0304
Energy efficiency labelling ***I
Amendments adopted by the European Parliament on 6 July 2016 on the proposal for a regulation of the European Parliament and of the Council setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU (COM(2015)0341 — C8-0189/2015 — 2015/0149(COD)) (1)

(Ordinary legislative procedure: first reading)
(2018/C 101/21)

Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The European Union is committed to building an Energy Union with a forward looking climate policy. Energy efficiency is a crucial element of the European Union's 2030 Climate and Energy Policy Framework and is key to moderate energy demand.












(1)


The European Union is committed to building an Energy Union with a forward looking 
energy and
 climate policy. Energy efficiency is a crucial element of the European Union's 2030 Climate and Energy Policy Framework and is key to moderate energy demand 
and to limiting greenhouse gas emissions
.









Amendment 2


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


Energy efficiency labelling allows consumers to make informed choices with regard to 
energy consumption of
 products and thereby 
promotes
 innovation.












(2)


Energy efficiency labelling allows consumers to make informed choices with regard to 
efficient and sustainable energy-related
 products and thereby 
makes a significant contribution to energy savings and to reducing energy bills, while at the same time promoting
 innovation 
and investments into the production of more energy efficient products
.









Amendment 3


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market.












(4)


It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content 
taking into account the rapid technological progress for energy efficiency in products achieved over recent years
. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers 
over the entire value chain
 and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market.









Amendment 4


Proposal for a regulation


Recital 4 a (new)








Text proposed by the Commission




Amendment





 










(4a)






It is appropriate to exempt second-hand products from this Regulation, which includes all those products that have been put into service before being made available on the market for a second or additional time.











Amendment 5


Proposal for a regulation


Recital 4 b (new)








Text proposed by the Commission




Amendment





 










(4b)






Since the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other Union law and policies, it is appropriate to continue to exclude them from the scope of this Regulation. That exclusion includes means of transport the motor of which remains in the same location during operation, such as elevators, escalators and conveyor belts.











Amendment 6


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


Improving the efficiency of energy-related products through informed consumer choice benefits the Union economy overall, 
drives
 innovation and 
will
 contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets
. It will also allow consumers to save money
.












(7)


Improving the efficiency of energy-related products through informed consumer choice 
and enhanced societal awareness
 benefits the Union economy overall, 
reduces energy demand and saves money on energy bills. It also contributes to energy security, provides an incentive for research,
 innovation and 
investments into energy efficiency, and allows industries which develop and produce the most energy efficient products to gain a competitive advantage. It will also
 contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets
, as well as to the Union's environmental and climate goals
.









Amendment 7


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment













(8)






The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27 % for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30 %. They also set a binding EU target of at least 40 % domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30 % reduction of emissions in non-ETS sectors.










deleted







Amendment 8


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy-related products. It should be supplemented with a product information sheet. The label should be 
easily recognisable, simple and concise
. To this end the 
existing dark green to red colour scale of the label
 should be retained as the basis to inform customers about the energy efficiency of products. 
A
 classification using letters from A to G has shown to be most effective for customers. In situations where because of ecodesign measures under Directive 2009/125/EC products can no longer fall into classes ‘F’ or ‘G’, those classes should 
not
 be shown on the label
. For exceptional cases this should also be extended to the ‘D’ and ‘E’ classes, although this situation is unlikely to occur given that
 the label 
would be rescaled once a majority of
 product 
models falls into the top two classes
.












(9)


The provision of accurate, relevant
, verifiable
 and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use 
in order to achieve a certain performance, therefore having reduced life-cycle costs
. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy 
efficiency and absolute energy
 consumption of energy-related products. It should be supplemented with a product information sheet
, referred to as a ‘product fiche’ in the delegated acts adopted pursuant to Directive 2010/30/EU, which may be made available electronically
. The label should be 
concise, based on proper measurement and calculation methodology, and easily recognisable and understandable
. To this end the 
established set of colours of the label, dark green to red,
 should be retained as the basis to inform customers about the energy efficiency of products. 
The known
 classification using letters from A to G has shown to be most effective for customers. 
Its uniform application across products groups should raise transparency and understanding among customers
. In situations where because of ecodesign measures under Directive 2009/125/EC (1a) products can no longer fall into classes ‘F’ or ‘G’, those classes should 
nonetheless
 be shown on the label 
in dark grey, in order to maintain a unified scale from A to G for all product groups. In that context, the dark green to red colour scale of
 the label 
should be retained for the remaining upper classes and should only apply to new
 product 
units placed on the market
.









Amendment 9


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels 
as replacement of or
 complementary to the 
physical
 energy label. In cases where it is not feasible to display the energy label, 
such as certain forms of distance selling and in advertisements and technical promotional material
, potential customers should be provided at least with the energy class of the product.












(10)


Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels complementary to the 
printed
 energy label. 
This does not affect the duty of the supplier to accompany each unit of a product with a printed label for the dealer.
 In cases where it is not feasible to display the energy label, potential customers should be provided at least with the energy class of the product 
model. The delegated acts for specific product groups could also establish alternative provisions for displaying the label for small-sized products, and when identical products are displayed together in large quantity
.









Amendment 10


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


Manufacturers respond to the energy label by 
creating
 ever more efficient products. This technological development leads to 
products
 populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be 
appropriate
, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should have empty 
top classes
 to encourage technological progress and enable ever more efficient 
products
 to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe.












(11)


Manufacturers respond to the energy label by 
developing and placing on the market
 ever more efficient products. 
In parallel, they discontinue the production of less efficient products, stimulated to do so by Union law relating to ecodesign.
 This technological development leads to 
product models
 populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be 
desirable
, taking into account the need to avoid over burdening manufacturers 
and dealers, with a special consideration for small businesses. Such an approach should avoid unnecessary or inefficient rescaling that would damage both manufacturers and consumers
. This Regulation should therefore lay down detailed arrangements for rescaling, in order to maximise legal certainty for suppliers and dealers. 
Before any rescaling, the Commission should carry out a thorough preparatory study. Depending on the product group and based on a detailed assessment of its potential,
 a newly rescaled label should have empty 
space at the top of the scale
 to encourage technological progress and enable ever more efficient 
product models
 to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short 
and feasible
 timeframe
, and by making the visual appearance of the rescaled label easily distinguishable from the old label, together with adequate consumer information campaigns clearly indicating that a new version has been introduced resulting in an improved appliance classification
.









Amendment 11


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






The current evolution of labels established by delegated acts adopted pursuant to Directive 2010/30/EU gives rise to the need for an initial rescaling of existing labels, in order to ensure a homogeneous A to G scale, adapting them to the requirements of this Regulation.











Amendment 12


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


In order for customers to retain trust in the energy label, other labels that mimic the energy label should not be allowed to be used for energy-related products. Additional labels, marks, symbols or inscriptions that are 
likely to
 mislead or confuse customers with respect to the consumption of energy should not be allowed either.












(14)


In order for customers to retain trust in the energy label, 
the use of
 other labels that mimic the energy label should not be allowed to be used for energy-related products. Additional labels, marks, symbols or inscriptions that are 
not clearly differentiated from the energy efficiency label and could
 mislead or confuse customers with respect to the consumption of energy 
or any other characteristics covered by the relevant delegated act,
 should not be allowed either.









Amendment 13


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council (21) apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively
. Such cooperation on
 energy labelling should be reinforced 
through support
 by the Commission.












(15)


In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council (21) apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively
, through ongoing exchanges of information, particularly regarding the outcome of product conformity assessments and their consequences. Furthermore, custom authorities of the Member States should be involved in the exchange of information on energy-related imported products from third countries into the Union. The Administrative Co-operation (‘ADCO’) Working Groups on Ecodesign and
 Energy Labelling should be reinforced 
and enhanced
 by the Commission 
as framework for the cooperation of market surveillance authorities
.









Amendment 14


Proposal for a regulation


Recital 15 a (new)








Text proposed by the Commission




Amendment





 










(15a)






In order to ensure more effective surveillance and fair competition in the Union market, and to use scarce resources in the most efficient way, national market surveillance authorities should perform compliance monitoring also through physical product testing, and the Information and Communication System on Market Surveillance (ICSMS) to exchange information about planned and completed product testing, to make available testing protocols and to share the outcome of their tests, thus avoiding double testing and paving the way for regional centres of excellence for physical testing. Results should also be shared when a test does not show that there has been a breach.











Amendment 15


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide 
their
 product compliance information electronically in a database established by the Commission. The information should be made publicly available 
to provide
 information 
for customers and to allow for alternative ways for dealers to receive labels.
 Market surveillance authorities should 
have access to the
 information 
in the database
.












(16)




Without prejudice to the Member States' market surveillance obligations,
 in order to 
set up a useful tool for consumers, to
 facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide 
the required
 product compliance information electronically in a database established 
and maintained
 by the Commission. The 
part of the
 information 
addressed to consumers
 should be made publicly available 
on the public interface of the product database. That
 information 
should be made available as open data so as to give ‘app’ developers and other comparison tools the opportunity to use it. Easy direct access to the public interface of the product database should be facilitated by a dynamic quick response code (QR) or other user-oriented tools included on the printed label. Additional information should be made available by suppliers on the compliance interface of the product database both to
 market surveillance authorities 
and to the Commission. The database
 should 
be subject to strict data protection rules. Where the technical information is sensitive, market surveillance authorities should retain the power to access the
 information 
when necessary in accordance with the suppliers’ duty of cooperation
.









Amendment 16


Proposal for a regulation


Recital 16 a (new)








Text proposed by the Commission




Amendment





 










(16a)






The Commission should set up and maintain an online portal that provides market surveillance authorities access to detailed product information on the servers of suppliers.











Amendment 17


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)


Energy consumption and other information concerning the products covered by product-specific requirements under this Regulation should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements and calculation methods. 
It is in the interests of the functioning of the internal market to have standards which have been harmonised at Union level
. In the absence of published standards at the time of application of product-specific requirements the Commission should publish in the Official Journal of the European Union transitional measurement and calculation methods in relation to those product-specific requirements. Once a reference to such a standard has been published in the Official Journal of the European Union compliance with it should provide a presumption of conformity with measurement methods for those product-specific requirements adopted on the basis of this Regulation.












(19)




The absolute
 energy consumption and other 
environmental and performance
 information concerning the products covered by product-specific requirements under this Regulation should be measured 
in accordance with harmonised standards and methods and
 by using reliable, accurate and reproducible methods that take into account the generally recognised state-of-the-art measurements and calculation methods. 
Those methods and testing environment, both for suppliers and market surveillance authorities, should be as close as possible to the real-life usage of a given product by the average consumer and robust in order to deter intentional and unintentional circumvention. The energy efficiency class should not be exclusively based on the most energy efficient setting or eco-mode, where this is not likely to reflect average consumer behaviour. Tolerance values and optional testing parameters should be established in such a way that they do not lead to significant variations of efficiency gains that might possibly alter the energy efficiency class of a product. Permitted deviations between tested and declared results should be limited to the statistical measurement uncertainty
. In the absence of published standards at the time of application of product-specific requirements the Commission should publish in the Official Journal of the European Union transitional measurement and calculation methods in relation to those product-specific requirements. Once a reference to such a standard has been published in the Official Journal of the European Union compliance with it should provide a presumption of conformity with measurement methods for those product-specific requirements adopted on the basis of this Regulation.









Amendment 18


Proposal for a regulation


Recital 20








Text proposed by the Commission




Amendment











(20)


The Commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy-related products for which an energy label could be established
. The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. This analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy-related product, such as its absolute energy consumption, durability or environmental performance, in coherence with the objective to promote a circular economy. Such supplementary information should improve the intelligibility and effectiveness
 of the 
label towards consumers and should not lead to any negative impact on consumers
.












(20)




Based on the scope of this Regulation,
 the Commission should provide a 
long-term
 working plan for the revision of labels of particular products including an indicative list of further energy-related products for which an energy label could be established 
and should update that working plan periodically. The Commission should inform the European Parliament and the Council annually about the progress
 of the 
working plan
.









Amendment 19


Proposal for a regulation


Recital 20 a (new)








Text proposed by the Commission




Amendment





 










(20a)






The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. That analysis should also consider supplementary information including the possibility and cost to provide consumers with accurate information on the performance of an energy-related product model, such as life-cycle cost, reparability, connectivity, recycled material content, durability, and environmental performance or combined energy efficiency performance index, in coherence with the objective to promote a circular economy. Such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers.











Amendment 20


Proposal for a regulation


Article 1 — paragraphs 1 and 2








Text proposed by the Commission




Amendment





1.   This Regulation lays down a framework 
on the indication by labelling and standard product information of the
 consumption of energy and other 
resources by energy-related products during use and supplementary information concerning energy-related
 products in order to 
allow customers to choose more efficient products
.


1.   This Regulation lays down a framework 
that applies to energy-related products and provides them with a label regarding energy efficiency, absolute
 consumption of energy and other 
environmental and performance characteristics. It allows customers to choose more energy-efficient
 products in order to 
reduce their energy consumption
.




2.   This Regulation 
shall
 not apply to:


2.   This Regulation 
does
 not apply to:










(a)


Second hand products;












(a)


Second hand products;














(b)


Means of transport for persons or goods 
other than those operated by a stationary motor
.












(b)


Means of transport for persons or goods.









Amendment 21


Proposal for a regulation


Article 2 — paragraph 1 — point 6








Text proposed by the Commission




Amendment











(6)


‘Manufacturer’ means any natural or legal person who manufactures an energy-related product or has a product designed or manufactured, and markets that energy-related product under his name or trademark;












(6)


‘Manufacturer’ means any natural or legal person who manufactures an energy-related product or has 
such
 a product designed or manufactured, and markets that energy-related product under his name or trademark;









Amendment 22


Proposal for a regulation


Article 2 — paragraph 1 — point 9








Text proposed by the Commission




Amendment











(9)


‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or displays products to customers;












(9)


‘Dealer’ means a retailer or other 
natural or legal
 person who sells, hires, offers for hire purchase or displays products to customers;









Amendment 23


Proposal for a regulation


Article 2 — paragraph 1 — point 10 a (new)








Text proposed by the Commission




Amendment





 










(10a)





‘Energy efficiency’ means the ratio of output of performance, service, goods or energy, to input of energy;










Amendment 24


Proposal for a regulation


Article 2 — paragraph 1 — point 11








Text proposed by the Commission




Amendment











(11)


‘Energy-related product’ means any good or system 
or service
 with an impact on energy consumption during use, which is placed on the market and put into service in the Union, including parts to be incorporated into energy-related products which are placed on the market and put into service;












(11)


‘Energy-related product’
hereinafter ‘product’
 means any good or system with an impact on energy consumption during use, which is placed on the market and put into service in the Union, including parts 
intended
 to be incorporated into energy-related products which are placed on the market and put into service 
as individual parts for customers and of which the energy and environmental performance can be assessed independently
;









Amendment 25


Proposal for a regulation


Article 2 — paragraph 1 — point 13








Text proposed by the Commission




Amendment











(13)


‘Label’ means a graphic diagram including a 
classification
 using letters from A to G in seven different colours from dark green to red in order to 
show consumption of
 energy;












(13)


‘Label’ means a graphic diagram
, in printed or electronic form,
 including a 
closed scale
 using 
only
 letters from A to G
, each class corresponding to significant energy savings,
 in seven different colours from dark green to red, in order to 
inform customers about energy efficiency and
 energy 
consumption
;









Amendment 26


Proposal for a regulation


Article 2 — paragraph 1 — point 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)





‘Product group’ means a group of energy-related products which have the same main functionality;










Amendment 27


Proposal for a regulation


Article 2 — paragraph 1 — point 17








Text proposed by the Commission




Amendment











(17)


‘Product information sheet’ means a standard table of information relating to a product;












(17)


‘Product information sheet’ means a standard table of information relating to a product
, in printed or electronic form
;









Amendment 28


Proposal for a regulation


Article 2 — paragraph 1 — point 18








Text proposed by the Commission




Amendment











(18)


‘
Rescale
’ means 
a periodic
 exercise to make more stringent the requirements for achieving the energy class on a label for a particular product
, which, for existing labels may imply the deletion of certain energy classes
;












(18)


‘
Rescaling
’ means 
an
 exercise to make more stringent the requirements for achieving the energy class on a label for a particular product 
group
;









Amendment 29


Proposal for a regulation


Article 2 — paragraph 1 — point 19








Text proposed by the Commission




Amendment











(19)


‘Rescaled label’ means a label for a particular product that has undergone a rescaling exercise.












(19)


‘Rescaled label’ means a label for a particular product 
group
 that has undergone a rescaling exercise
, which is clearly distinguishable from the labels applicable before rescaling;











Amendment 97


Proposal for a regulation


Article 2 –paragraph 1 — point 19 a (new)








Text proposed by the Commission




Amendment





 










(19a)





‘Smart appliance’ means an appliance that, using advanced information and communications technologies and a standardised reference ontology, can be activated to respond to external stimuli such as price information, direct control signals sent through wireless or apps, and/or local measurements, and to automatically change its energy consumption pattern for a more efficient use;










Amendment 30


Proposal for a regulation


Article 2 — paragraph 1 — point 20








Text proposed by the Commission




Amendment











(20)


‘Supplementary information’ means information on the functional 
and environmental
 performance of an energy-related product, 
such as its absolute energy consumption or durability,
 which is based on data that are measurable by market surveillance authorities, is 
unambiguous
 and has no significant negative impact on the 
clear intelligibility and
 effectiveness of the label as a whole towards customers.












(20)


‘Supplementary information’ means 
any
 information 
specified by the relevant delegated act
 on the functional
, environmental and resource-efficiency
 performance of an energy-related product, which is based on data that are measurable 
and verifiable
 by market surveillance authorities, is 
easily understandable
 and has no significant negative impact on the effectiveness of the label as a whole towards customers;









Amendment 31


Proposal for a regulation


Article 2 — paragraph 1 — point 20 a (new)








Text proposed by the Commission




Amendment





 










(20a)





‘Product database’ means a collection of data concerning the energy-related products covered by this Regulation and the delegated acts adopted pursuant thereto, arranged in a systematic manner and consisting of a public interface, organised as a consumer-oriented website, where information is individually accessible by electronic means, and a compliance interface, structured as a electronic platform supporting the activities of national market surveillance authorities, with clearly specified accessibility and security requirements.










Amendment 32


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment





1.   Suppliers shall 
comply with the following
:


1.   Suppliers shall:










(a)




they shall
 ensure that products placed on the market are provided, free of charge, with accurate labels and product information sheets 
in accordance with this Regulation and the relevant delegated acts
;












(a)


ensure that products placed on the market are provided, free of charge, with accurate 
printed
 labels and 
with
 product information sheets 
for each individual unit
;














(b)




they shall
 deliver labels 
promptly
 and free of charge 
on
 request from dealers;












(b)


deliver labels and 
product information sheets,
 free of charge
, within five working days upon
 request from dealers;








 










(ba)






provide both the current and the rescaled labels and product information sheets to dealers for a period of three months before the date specified in the relevant delegated act;
















(c)




they shall
 ensure the accuracy of the labels and product information sheets 
that they provide
 and produce technical documentation sufficient to enable the accuracy to be assessed;












(c)


ensure the accuracy of the labels and product information sheets, and produce technical documentation sufficient to enable the accuracy to be assessed;














(d)




they shall, prior to
 placing a 
product
 model on the market, 
enter into the product database established in accordance with Article 8 the information detailed in Annex I.














(d)




enter the information set out in Annex I into the public and compliance interfaces of the product database established pursuant to Article 8:










 








 










(i)






for all new models, before
 placing a 
unit of the
 model on the market,












 








 










(ii)






for all models placed on the market after 1 January 2014 that are still being supplied, no later than 18 months after the database is fully operational in accordance with Article 16;














 










(da)






keep on the database pursuant to Article 8 the product information sheets and the technical documentation for a period of at least 10 years after the last product unit has been placed on the market;










 










(db)






provide labels for product groups where the product consists of several subassemblies or components, the energy efficiency of which depends on the specific combination of those components;











Amendment 33


Proposal for a regulation


Article 3 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Suppliers shall not:






 










(a)






place on the market products designed so that their performance is automatically altered in test conditions, by means of either hardware or software incorporated into the product, with the objective of reaching a more favourable level;










 










(b)






once the product is in service, introduce changes by means of software updates that would be to the detriment of the parameters of the original energy efficiency label, as defined by the relevant delegated act.











Amendment 34


Proposal for a regulation


Article 3 — paragraph 2








Text proposed by the Commission




Amendment





2.   Dealers shall 
comply with the following
:


2.   Dealers shall:










(a)




they shall display in a visible manner the label provided by the supplier or otherwise made available for a product covered by a
 delegated act;












(a)




where the product is for sale, including online, display the label in a visible and prominent manner, as specified by the relevant
 delegated act;








 










(aa)






replace existing labels with rescaled labels, both in shops and online, within three weeks following the date specified in the relevant delegated act;
















(b)




they shall,
 where they do not have a label or a rescaled label;












(b)


where they do not have a label or a rescaled label
, request it from the supplier
;














 










(i)






request the label or a rescaled label from the supplier;












 










 










(ii)






print out the label from the product database established in accordance with Article 8 if that function is available for that product; or












 










 










(iii)






print out the label or a rescaled label from the supplier's website if that function is available for that product.












 










(c)




they shall
 make available to customers the product information sheet.












(c)




upon request,
 make available to customers the product information sheet
, including in printed form
.









Amendments 35 and 86


Proposal for a regulation


Article 3 — paragraph 3








Text proposed by the Commission




Amendment





3.   Suppliers and dealers shall 
comply with the following
:


3.   Suppliers and dealers shall:










(a)




they shall
 make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act;












(a)


make reference to the energy efficiency class of the product in any 
visual
 advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act;














(b)




they shall
 cooperate with market surveillance authorities and take immediate action to remedy any situation of non-compliance 
with the requirements set out in this Regulation and its delegated acts falling under their responsibility, at their own initiative or when required to do so by market surveillance authorities
;












(b)


cooperate with market surveillance authorities and take immediate action to remedy any situation of non-compliance
, pursuant to Article 5
;














(c)




they shall not
, for products covered by this Regulation, 
provide or display other
 labels, marks, symbols or inscriptions 
which do not comply with the requirements of this Regulation and of the relevant delegated acts, if this is likely to mislead or confuse customers with respect to
 the consumption of energy or other resources during use;












(c)




refrain
, for products covered by this Regulation, 
from providing or displaying any misleading, confusing or mimicking
 labels, marks, symbols or inscriptions
, regarding
 the consumption of energy or other resources during use;














(d)




they shall,
 for products not covered by this Regulation, not supply or display labels which mimic the label as defined in this Regulation.












(d)


for products not covered by this Regulation, not supply or display labels which mimic the label as defined in this Regulation.









Amendment 36


Proposal for a regulation


Article 3 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
All general obligations regarding labels set out in paragraphs 1 to 3 shall apply equally to existing, new and rescaled labels.







Amendment 37


Proposal for a regulation


Article 4 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States shall not 
prohibit, restrict or
 impede the placing on the market or putting into service, within their territories, of 
energy-related
 products which comply with this Regulation 
and its relevant delegated acts
.


1.   Member States shall not impede the placing on the market or putting into service, within their territories, of products which comply with this Regulation.





Amendment 38


Proposal for a regulation


Article 4 — paragraph 2








Text proposed by the Commission




Amendment





2.   Member States shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this Regulation 
and of the relevant delegated acts
.


2.   Member States shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this Regulation.





Amendment 39


Proposal for a regulation


Article 4 — paragraph 3








Text proposed by the Commission




Amendment





3.   Where Member States provide any incentives for 
an energy-related
 product covered by this Regulation and specified in a delegated act, 
these
 shall aim at the highest 
class
 of energy efficiency laid down in the applicable delegated act.


3.   Where Member States provide any incentives for 
a
 product covered by this Regulation and specified in a delegated act, 
those incentives
 shall aim at the highest 
two populated classes
 of energy efficiency
, as
 laid down in the applicable delegated act.





Amendment 40


Proposal for a regulation


Article 4 — paragraph 4








Text proposed by the Commission




Amendment





4.   Member States shall ensure that the introduction 
of labels including rescaled labels and product information sheets
 is accompanied by educational and promotional information campaigns 
aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealers
.


4.   Member States shall ensure that the introduction 
and rescaling of labels
 is accompanied by educational and promotional information campaigns 
on energy labelling.






 




The Commission shall coordinate those campaigns, supporting close cooperation with suppliers and dealers and the exchange of best practices
.





Amendment 41


Proposal for a regulation


Article 4 — paragraph 5








Text proposed by the Commission




Amendment





5.   Member States shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this Regulation 
and its delegated acts
, and shall take all measures necessary to ensure that they are implemented. The penalties 
must
 be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.


5.   Member States shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this Regulation, and shall take all measures necessary to ensure that they are implemented. The penalties 
shall
 be effective, proportionate and dissuasive
, and proportionate to the economic advantage of non-compliance
. Member States shall notify those provisions to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.





Amendment 42


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment





2.   The Commission shall 
support
 cooperation and exchange of information on market surveillance of energy labelling 
of
 products among national authorities of the Member States responsible for market surveillance or 
external border controls
 and between 
such authorities
 and the Commission.


2.   The Commission shall 
encourage and coordinate
 cooperation and exchange of information on market surveillance of energy labelling 
regarding
 products 
covered by this Regulation
 among national authorities of the Member States responsible for market surveillance or 
in charge of the control of products entering the Union market
 and between 
them
 and the Commission 
by strengthening the Administrative Co-operation (‘ADCO’) Working Groups on Ecodesign and Energy .






 




Such exchanges of information shall also be conducted when test results indicate that the producer is in compliance with the relevant law
.





Amendment 43


Proposal for a regulation


Article 5 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
By 1 January 2018, Member States shall establish and implement a market surveillance plan for monitoring the enforcement of the requirements of this Regulation. Member States shall review their market surveillance plans at least every three years.






 




By 1 January 2020 and thereafter on an annual basis, Member States shall draw up a report on market surveillance, evaluating compliance trends with this Regulation and with Directive 2009/125/EC.






 




Member States shall make the use of the Information and Communication System on Market Surveillance (ICSMS) compulsory for all national market surveillance authorities.







Amendment 44


Proposal for a regulation


Article 5 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
National market surveillance authorities shall carry out physical product testing, covering at least one product group per year in accordance with the delegated acts adopted pursuant to this Regulation.






 




Market surveillance authorities shall inform the other Member States and the Commission of their planned and completed physical tests, through the compliance interface of the product database established pursuant to Article 8.






 




They shall use reliable, accurate and reproducible measurement procedures, pursuant to Article 9, aiming to simulate real-life conditions of use and excluding intentional or unintentional manipulation or alteration of the test results.







Amendment 45


Proposal for a regulation


Article 5 — paragraph 2 c (new)








Text proposed by the Commission




Amendment





 




2c.
   
Market surveillance authorities shall have the right to recover the costs of a physical product testing from suppliers in case of an infringement of this Regulation.






 




The Commission may check independently compliance, directly or through a third party.







Amendment 46


Proposal for a regulation


Article 6 — paragraph 1








Text proposed by the Commission




Amendment





1.   Where the market surveillance authorities of one Member State have sufficient reason to believe that 
an energy-related
 product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall carry out an evaluation in relation to the 
energy-related
 product concerned covering all the requirements laid down in this Regulation and 
its
 relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities 
for that purpose
.


1.   Where the market surveillance authorities of one Member State have sufficient reason to believe that 
a
 product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall 
immediately notify the Commission and
 carry out an evaluation in relation to the product 
model
 concerned, covering all the requirements laid down in this Regulation and 
the
 relevant delegated acts
, also assessing whether it is advisable to extend the evaluation to other product models
. The supplier shall cooperate as necessary with the market surveillance authorities.





Amendment 47


Proposal for a regulation


Article 6 — paragraph 2








Text proposed by the Commission




Amendment





2.   Where, in the course of that evaluation, the market surveillance authorities find that the 
energy-related product
 does not comply with the requirements laid down in this 
this
 Regulation 
and its relevant delegated acts
, they shall 
without delay
 require the supplier to take all appropriate corrective action to bring the 
energy-related
 product into compliance 
with those requirements,
 to withdraw the 
energy-related product
 from the market, or to recall 
it
 within a reasonable period, commensurate with the nature of the risk, 
as they may prescribe
. Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph.


2.   Where in the course of that evaluation, the market surveillance authorities find that the 
product model
 does not comply with the requirements laid down in this Regulation, they shall require the supplier to take all appropriate corrective action to bring the product 
model
 into compliance 
without delay, and they may prescribe
 to withdraw the 
product model
 from the market, or to recall 
the units put into service
 within a reasonable period, commensurate with the nature of the risk, 
extending such measures to the equivalent models available on the market
. Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph.





Amendment 48


Proposal for a regulation


Article 6 — paragraph 3








Text proposed by the Commission




Amendment





3.   
Where
 the market surveillance authorities 
consider that non-compliance is not restricted to their national territory, they shall inform
 the Commission and 
the
 other Member States 
of the
 results of the evaluation and of 
the
 actions which they have required the supplier to take.


3.   The market surveillance authorities 
shall inform through the ICSMS
 the Commission and other Member States
, of any
 results of the evaluation and of 
any
 actions which they have required the supplier to take 
pursuant to paragraph 2
.





Amendment 49


Proposal for a regulation


Article 6 — paragraph 4








Text proposed by the Commission




Amendment





4.   The supplier shall ensure that 
all appropriate corrective action
 is taken in respect of all the 
energy-related products
 concerned that it has made available on the market throughout the Union.


4.   The supplier shall ensure that 
any restrictive measure prescribed in accordance with paragraph 2
 is taken, in respect of all the 
product models
 concerned that it has made available on the market throughout the Union.





Amendment 50


Proposal for a regulation


Article 6 — paragraph 5








Text proposed by the Commission




Amendment





5.   Where the supplier does not 
take adequate
 corrective action within the period referred to in the paragraph 2, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the 
energy-related product's being made available
 on their national market, to withdraw 
the energy-related
 product from that market 
or to recall it
. The market surveillance authorities shall 
inform
 the Commission and the other Member States
, without delay, of those measures
.


5.   Where the supplier does not 
implement the
 corrective action within the period referred to in the paragraph 2, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the 
making available of the product model
 on their national market 
or
 to withdraw 
or recall the
 product 
model
 from that market. The market surveillance authorities shall 
immediately notify
 the Commission and the other Member States 
of those measures, and shall upload the information in the compliance interface of the product database established pursuant to Article 8
.





Amendment 51


Proposal for a regulation


Article 6 — paragraph 6








Text proposed by the Commission




Amendment





6.   The 
information
 referred to in 
the
 paragraph 5 shall include all available details, in particular the data necessary for the identification of the non-compliant 
energy-related
 product, 
the
 origin 
of the energy-related product
, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the supplier. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either failure of the 
energy-related product
 to meet requirements relating to aspects of public interest protection laid down in this Regulation or shortcomings in the harmonised standards referred to in Article 9 conferring a presumption of conformity.


6.   The 
notification
 referred to in paragraph 5 shall include all available details, in particular the data necessary for the identification of the non-compliant product, 
its
 origin, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the supplier. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either failure of the 
product model
 to meet requirements relating to aspects of public interest protection laid down in this Regulation or 
to
 shortcomings in the harmonised standards referred to in Article 9 conferring a presumption of conformity. 
In this case, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.







Amendment 52


Proposal for a regulation


Article 6 — paragraph 7








Text proposed by the Commission




Amendment





7.   Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the 
energy-related product
 concerned, and, in the event of disagreement with the notified national measure, of their objections.


7.   Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the 
product model
 concerned and, in the event of disagreement with the notified national measure, of their objections.





Amendment 53


Proposal for a regulation


Article 6 — paragraph 8








Text proposed by the Commission




Amendment





8.   Where, within 
60 days of receipt
 of the 
information
 referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.


8.   Where, within 
four weeks
 of the 
notification
 referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed 
to be
 justified.





Amendment 54


Proposal for a regulation


Article 6 — paragraph 9








Text proposed by the Commission




Amendment





9.   Member States shall ensure that 
appropriate
 restrictive measures, 
such as withdrawal of the energy-related product from their market
, are taken in respect of the 
energy-related product
 concerned, 
without delay
.


9.   Member States shall ensure that 
parallel
 restrictive measures, 
proportionate to their specific national situation
, are taken 
without delay
 in respect of the 
product model
 concerned, 
and shall inform the Commission accordingly
.





Amendment 55


Proposal for a regulation


Article 6 — paragraph 10








Text proposed by the Commission




Amendment





10.   Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers 
a
 national measure to be contrary to Union 
legislation
, the Commission shall without delay enter into consultation with the Member States and the supplier and shall evaluate the national measure. On the basis of the results of 
that evaluation, the Commission
 shall decide whether the national measure is justified or not.


10.   Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers 
such
 national measure to be contrary to Union 
law
, the Commission shall without delay enter into consultation with the Member States and the supplier, and shall evaluate the national measure, on the basis of the results of 
which it
 shall decide whether the national measure is justified or not
, and may propose an appropriate alternative measure
.





Amendment 56


Proposal for a regulation


Article 6 — paragraph 11








Text proposed by the Commission




Amendment





11.   The Commission shall address its decision to all Member States and shall immediately 
communicate
 it to them and the supplier.


11.   The Commission shall address its decision to all Member States and shall immediately 
notify
 it to them and 
to
 the supplier 
concerned
.





Amendment 57


Proposal for a regulation


Article 6 — paragraph 12








Text proposed by the Commission




Amendment





12.   If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant 
energy-related
 product is withdrawn from their 
market
, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.


12.   If the national measure is considered 
to be
 justified, all Member States shall take the measures necessary to ensure that the non-compliant product 
model
 is withdrawn from their 
national markets
, and shall inform the Commission accordingly. If the national measure is considered 
to be
 unjustified, the Member State concerned shall withdraw the measure.





Amendment 58


Proposal for a regulation


Article 6 — paragraph 13








Text proposed by the Commission




Amendment





13.   Where 
the
 national measure is considered justified and the non-compliance of the 
energy-related product
 is attributed to shortcomings in the harmonised standards referred to in paragraph 6, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.


13.   Where 
a
 national measure is considered 
to be
 justified and the non-compliance of the 
product model
 is attributed to shortcomings in the harmonised standards referred to in paragraph 6, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.





Amendment 96


Proposal for a regulation


Article 6 — paragraph 13 a (new)








Text proposed by the Commission




Amendment





 




13a.
   
In the case of proven non-compliance of the product with the requirements laid down in this Regulation and its relevant delegated acts, customers shall have the right to return the product to the dealer free-of-charge and receive from the supplier a full refund of the original purchase price.






 




In cooperation with the market surveillance authorities, the suppliers shall make all reasonable efforts to contact affected customers, in accordance with applicable consumer rights law.







Amendment 59


Proposal for a regulation


Article 7 — title and paragraph 1








Text proposed by the Commission




Amendment







Labels
 and rescaling




Procedure for the introduction
 and rescaling 
of labels






1.   The Commission 
may, by means of
 delegated acts 
adopted pursuant to Articles 12 and
 13, 
introduce
 labels 
or rescale existing
 labels.


1.   The Commission 
is empowered to adopt
 delegated acts 
in accordance with Article
 13 
in order to supplement this Regulation by introducing or rescaling
 labels.




 




Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before 1 January 2017 shall be considered to be
 labels 
for the purposes of this Regulation
.





Amendment 60


Proposal for a regulation


Article 7 — paragraph 2








Text proposed by the Commission




Amendment





2.   
When, for a given
 product 
group, no models belonging
 to energy 
classes D, E, F or G are allowed to be placed on the market any more because of an implementing measure adopted under
 Directive 
2009/125/EC, the class or classes in question shall no longer be shown on the label
.


2.   
In order to ensure a homogenous A to G scale, the Commission shall introduce rescaled labels for existing product groups, as referred to in paragraph 1, within 5 years after the entry into force of this Regulation, respecting the requirements of paragraph 4.






 




Product groups covered by Commission Delegated Regulations (EU) No 811/2013

 (1a)

and 812/2013

 (1b)

shall be reviewed 6 years after the entry into force of this Regulation with a view to rescaling them.






 




For
 product 
groups covered by Commission Delegated Regulations (EU) No 1059/2010

 (1c)

, 1060/2010

 (1d)

, 1061/2010

 (1e)

, 1062/2010

 (1f)

and 874/2012

 (1 g)

, where preparatory studies are finalised, the Commission shall introduce rescaled labels no later than 21 months after the entry into force of this Regulation.






 






Amendment 61


Proposal for a regulation


Article 7 — paragraph 3








Text proposed by the Commission




Amendment





3.   The Commission shall ensure that
, when a label is introduced
 or rescaled
, the requirements are laid down so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later.




3.   The Commission shall ensure that 
any subsequent rescaling for new labels
 or rescaled 
labels referred to in paragraph 2 is initiated once the following conditions are met, showing the appropriate technological progress in the relevant product group:






 










(a)






25 % of the products sold within the Union market fall into the top energy efficiency class A; or










 










(b)






50 % of the products sold within the Union market fall into the top two energy efficiency classes A and B.











Amendment 62


Proposal for a regulation


Article 7 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
The Commission shall ensure, through the inclusion of the product group in the working plan pursuant to Article 11, that:






 










(a)






the preparatory study for rescaling is completed no later than 18 months after the conditions laid down in paragraph 3 are met;










 










(b)






rescaling is completed, through the review and entry in force of the relevant delegated act in accordance with Article 13, no later than three years after the conditions laid down in paragraph 3 are met.











Amendment 63


Proposal for a regulation


Article 7 — paragraph 4








Text proposed by the Commission




Amendment





4.   Labels shall 
be re-scaled periodically
.


4.   
The Commission shall lay out the requirements for new or rescaled
 labels 
aiming for an expected validity of at least 10 years.






 




To that end, the Commission
 shall 
ensure that, when a label is introduced or rescaled, no products are expected to fall in energy class A at the moment of the introduction of the label.






 




For product groups where the preparatory study referred to in point (a) of paragraph 3a shows a fast technological progress, no products are expected to fall in energy classes A and B at the moment of the introduction of the label
.





Amendment 64


Proposal for a regulation


Article 7 — paragraph 5








Text proposed by the Commission




Amendment





5.   When 
a
 label 
is rescaled:




5.   When
, for a given product group, no models belonging to energy classes F or G are allowed to be placed on the market anymore because of an Ecodesign implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall be shown on the
 label 
in grey as specified in the relevant delegated act. The standard dark green to red spectrum of the label shall be retained for the remaining upper classes. The changes shall apply only to new product units placed on the market.














(a)






suppliers shall provide both the current and the rescaled labels to dealers for a period of six months before the date specified in paragraph (b).








 












(b)






dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.








 




 




Dealers shall be permitted to sell energy-related products without a label or a rescaled label, only where a (rescaled) label has never been produced for a given product and the supplier of the product is no longer active on the market.







Amendment 65


Proposal for a regulation


Article 7 — paragraph 6








Text proposed by the Commission




Amendment







6.
   
Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before the date of application of this Regulation shall be considered as labels for the purposes of this Regulation. The Commission shall review those labels within five years of the entry into force of this Regulation with a view to rescaling them.






deleted







Amendment 66


Proposal for a regulation


Article 8








Text proposed by the Commission




Amendment





Product database


Product database




The Commission shall establish and maintain a product database 
including
 the information 
referred to in
 Annex I. The information 
listed under
 point 
1
 of Annex I shall be 
made publicly available
.




1.
   The Commission shall establish and maintain a product database
, consisting of two different interfaces, the public interface and the compliance interface.






 




The public interface shall contain
 the information 
set out in point 1 of Annex I, respecting the functional requirements set out in point 3 of
 Annex I.




 




The compliance interface shall contain
 the information 
set out in
 point 
2
 of Annex I
, respecting the functional requirements set out in point 4 of Annex I.






 




2.
   
When entering information into the product database, suppliers shall keep access and editing rights to it. Any changes
 shall be 
dated and clearly visible to market surveillance authorities.






 




Data contained in the compliance interface shall be used only for purposes linked to the enforcement for this Regulation and the delegated acts adopted pursuant thereto, and prohibited from unintended use.






 




Suppliers shall be permitted to keep on their servers’ technical documentation pursuant to point (c) of Article 3(1), test reports or similar conformity assessment documentation, as established by point 2(a) of Annex I corresponding to tests carried by the suppliers themselves, accessible exclusively to market surveillance authorities and the Commission.






 




The establishment of the database shall follow criteria that allow for minimising the administrative burden for suppliers and other database users, user-friendliness and cost-effectiveness.






 




The product database does not replace or modify the responsibilities of the market surveillance authorities.






 




3.
   
The Commission, with the support of market surveillance authorities and suppliers, shall pay special attention to the transitional process until the full implementation of the public and compliance interfaces.






 




4.
   
The Commission is empowered to adopt delegated acts in accordance with Article 13 supplementing this Regulation by specifying the operational details relating to the establishment of the product database
.





Amendment 67


Proposal for a regulation


Article 9 — paragraph 2








Text proposed by the Commission




Amendment





When during the conformity assessment of a product such harmonised standards are applied, the product shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act.




2.
   When during the conformity assessment of a product such harmonised standards are applied, the product 
model
 shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act.




 




2a.
   
Harmonised standards shall aim to simulate real-life usage as far as possible while maintaining a standard test method, with no prejudice to comparability within the product group.






 




2b.
   
Measurement and calculation methods included in the harmonised standards shall be reliable, accurate and reproducible, and aligned with the requirements of Article 3(1a).







Amendment 68


Proposal for a regulation


Article 10 — paragraph 1








Text proposed by the Commission




Amendment





In the conduct of its activities under this Regulation 
the Commission shall ensure in respect of each delegated act,
 a balanced participation of Member States’ representatives and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations
. For this purpose,
 the Commission shall establish a Consultation Forum in which 
these
 parties shall 
met. This
 Consultation Forum may 
be combined
 with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC.




1.
   In the conduct of its activities under this Regulation
, for the introduction or rescaling of labels under Article 7, and for the setup of the database under Article 8, the Commission shall ensure
 a balanced participation of Member States' representatives
, including market surveillance authorities,
 and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations
, as well as the involvement of the European Parliament.






 




2.
   The Commission shall establish a Consultation Forum in which 
the
 parties 
listed in paragraph 1
 shall 
meet for that purpose. That
 Consultation Forum may 
coincide, fully or in part,
 with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC. 
The minutes of the Consultation Forum meetings shall be published in the public interface of the database established pursuant to Article 8.







Amendment 69


Proposal for a regulation


Article 10 — paragraph 2








Text proposed by the Commission




Amendment





Where appropriate prior to the adoption of delegated acts, the Commission shall test the design and content of the labels for specific product groups with consumers to ensure their clear understanding of the labels.




3.
   Where appropriate, prior to the adoption of delegated acts 
adopted pursuant to this Regulation
, the Commission shall test the design and content of the labels for specific product groups with 
representative groups of Union
 consumers to ensure their clear understanding of the labels.





Amendment 70


Proposal for a regulation


Article 11 — paragraph 1








Text proposed by the Commission




Amendment





The Commission shall, having consulted the Consultation Forum referred to in Article 10, establish a working plan which shall be made publicly available
. The
 working plan 
shall set out an indicative list of product groups which are considered as priorities
 for the 
adoption of delegated acts
. 
The working plan
 shall 
also set out plans for the revision and rescaling of labels of products or product groups. The
 working plan 
may be amended periodically by
 the Commission 
after consultation with
 the Consultation Forum. The 
working plan may be combined with the working plan required by Article 16 of Directive 2009/125/EC
.




1.
   The Commission shall 
adopt delegated acts pursuant to Article 13 supplementing this Regulation, after
 having consulted the Consultation Forum referred to in Article 10, 
in order to
 establish a 
long-term
 working plan which shall be made publicly available
, including through the public interface of the database established pursuant to Article 8.






 




2.
   
The Commission shall organise the
 working plan 
in sections containing priorities for the introduction of energy efficiency labels in new product groups, and
 for the 
rescaling of labels of product groups
.




 




The Commission
 shall 
ensure the necessary resources to the plan and its coherence.






 




This working plan may be combined with the Ecodesign
 working plan 
required by Article 16 of Directive 2009/125/EC.






 


The Commission 
shall update the working plan periodically, having consulted
 the Consultation Forum. The 
European Parliament and the Council shall be informed annually of its progress and shall be formally notified of any changes thereto
.





Amendment 71


Proposal for a regulation


Article 12 — paragraph 1








Text proposed by the Commission




Amendment





1.   The Commission 
shall be
 empowered to adopt delegated acts 
concerning
 detailed requirements relating to labels for specific groups of energy-related products (‘specific product groups’) 
in accordance with Article 13
.


1.   The Commission 
is
 empowered to adopt delegated acts 
in accordance with Article 13 to supplement this Regulation by laying down
 detailed requirements relating to labels for specific groups of energy-related products (‘specific product groups’).





Amendment 72


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment





2.   Delegated acts shall specify product groups which satisfy the following criteria:


2.   Delegated acts shall specify product groups which satisfy the following criteria:










(a)


according to the 
most recently available figures and considering the quantities placed on
 the Union market, 
the product group shall have
 significant potential for saving energy and where relevant, other resources;












(a)


according to the 
actual penetration in
 the Union market, 
there is
 significant potential for saving energy and where relevant, other resources;














(b)


product 
groups
 with equivalent functionality 
shall differ
 significantly 
in the relevant performance
 levels;












(b)




within the
 product 
group, models
 with equivalent functionality 
have
 significantly 
different energy efficiency
 levels;














(c)


there 
shall be
 no significant negative 
impact as regards the affordability and the life cycle cost
 of the 
product group
.












(c)


there 
are
 no significant negative 
impacts regarding affordability, life cycle cost and functionality of the product from the perspective
 of the 
user.











Amendments 73 and 98


Proposal for a regulation


Article 12 — paragraph 3








Text proposed by the Commission




Amendment





3.   Delegated acts relating to specific product groups shall specify in particular:


3.   Delegated acts relating to specific product groups shall specify in particular 
for the product group concerned
:










(a)


the definition of the 
specific product groups falling under the definition of ‘
energy-related 
product’ set out in Article 2(11) which are
 to be covered;












(a)


the definition of the energy-related 
products
 to be covered;














(b)


the design and content of the label, 
including a
 scale showing 
consumption of energy consisting of A to G
, which as far as possible shall have uniform design characteristics across product groups 
and shall in all cases be clear and legible;














(b)


the design
, dimensions,
 and content of the label, 
which shall in all cases be clear and legible, taking into account the needs of visually impaired customers, and shall contain in a prominent position the following information determined in accordance with the relevant delegated act:










 








 










(i)






an A to G
 scale showing 
the energy efficiency class of the corresponding product model
, which as far as possible shall have uniform design characteristics across product groups;












 








 










(ii)






the absolute energy consumption in kWh, displayed per year or per any relevant period of time.




















(c)


where appropriate, the use of other resources and supplementary information concerning energy related products, in which case the label shall emphasise the energy efficiency of the product;












(c)


where appropriate, the use of other resources and supplementary information concerning energy related products, in which case the label shall emphasise the energy efficiency of the product;








 










(ca)






where appropriate, the inclusion of a reference on the label allowing customers to identify products with connectivity functions (i.e. smart appliances);
















(d)


the locations where the label shall be displayed, such as attached to the product, printed on the packaging, provided in electronic format or displayed on line;












(d)


the locations where the label shall be displayed, such as attached to the product 
where no damage is caused to it
, printed on the packaging, provided in electronic format or displayed on line;














(e)


where appropriate, electronic means for labelling products;












(e)


where appropriate, electronic means for labelling products;














(f)


the manner in which the label and technical information are to be provided in the case of distance selling;












(f)


the manner in which the label and technical information are to be provided in the case of distance selling;














(g)


the 
content
 and, where appropriate, the format and other details concerning the 
technical documentation and product information sheet
;












(g)


the 
required contents
 and, where appropriate, the format and other details concerning the 
product information sheet and the technical documentation
;














(h)


that when verifying compliance with the requirements, only those verification tolerances that are set out in the delegated act(s) shall apply;












(h)


that when verifying compliance with the requirements, only those verification tolerances that are set out in the delegated act(s) shall apply;














(i)


the obligations on suppliers and dealers in relation to the product database;












(i)


the obligations on suppliers and dealers in relation to the product database;














(j)


the specific indication of the energy class to be included in advertisements and technical promotional material, including requirements for this to be in a legible and visible form;












(j)




where appropriate,
 the specific indication of the energy class to be included in advertisements and technical promotional material, including requirements for this to be in a legible and visible form;














(k)


the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information;












(k)


the conformity assessment procedures and the measurement and calculation methods
, as established in Article 9,
 to be used to determine label and product information sheet information
, including the definition of the Energy Efficiency Index (EEI), or equivalent parameter, and its A to G steps setting the energy efficiency classes
;














(l)


whether for larger appliances a higher level of energy efficiency is required to reach a given energy class;












(l)


whether for larger appliances a higher level of energy efficiency is required to reach a given energy class;














(m)


the format of any additional references on the label allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet;












(m)


the format of any additional references on the label allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet;














(n)


whether and how energy classes describing the product's energy consumption during use should be shown on smart meters or on the product's interactive display;












(n)


whether and how energy classes describing the product's energy consumption during use should be shown on smart meters or on the product's interactive display;














(o)


the date for the evaluation and possible revision of the delegated act.












(o)


the date for the evaluation and possible revision of the delegated act;










For the content of the label as referred to in point (b) of the first subparagraph, the A-G steps of the classification shall correspond to significant energy and cost savings from the customer's perspective.




 




For the format of references referred to in point (m) of the first subparagraph, those references may take the form of a website address, a Quick Response (QR) code, a link on on-line labels or any other appropriate consumer-oriented means.


For the format of references referred to in point (m) of the first subparagraph, those references may take the form of a website address, a 
dynamic
 Quick Response (QR) code, a link on on-line labels or any other appropriate consumer-oriented means 
linking to the public interface of the database established pursuant to Article 8
.




The 
introduction of a label for a product to be covered by a delegated act
 shall 
not have a significant negative impact on the functionality
 of the 
product from the perspective of the user
.


The 
product information sheet as referred to in point (g) of the first subparagraph, shall provide direct links to the public interface of the database established pursuant to Article 8, and it
 shall 
be made available to customers in all the Union official languages
 of the 
national markets where the corresponding product model has been made available
.




The Commission 
shall be
 empowered to adopt delegated acts 
regarding
 operational details 
relating
 to the product database, including any obligations on suppliers and dealers 
in accordance with Article 13
.


The Commission 
is
 empowered to adopt delegated acts 
in accordance with Article 13 supplementing this Regulation by laying down
 operational details 
related
 to the product database, including any obligations on suppliers and dealers.




 




Regarding information referred to in point (g) of the first subparagraph, in order to ensure proper safeguarding of confidential information and technical documentation, those delegated acts shall specify the information that is to be uploaded in the product database and what information to be available on the request of national authorities and the Commission.







Amendment 74


Proposal for a regulation


Article 12 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
The Commission shall keep an updated inventory of all delegated acts supplementing this Regulation and those developing the Ecodesign Directive 2009/125/EC, including complete references to all harmonised standards that satisfy the relevant measurement and calculation methods, as of Article 9, and shall make it publicly available.







Amendment 75


Proposal for a regulation


Article 13 — paragraph 2








Text proposed by the Commission




Amendment





2.   The 
delegation of power
 referred to in Articles 7 and 12 shall be conferred on the Commission for 
an indeterminate
 period of 
time from the date of application of this Regulation
.


2.   The 
power to adopt delegated acts
 referred to in Articles 7
, 8(4), 11(1)
 and 12 shall be conferred on the Commission for 
a
 period of 
six years from 1 January 2017.






 




The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period.






 




The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
.





Amendment 76


Proposal for a regulation


Article 13 — paragraph 3








Text proposed by the Commission




Amendment





3.   
This
 delegation of power referred to in Articles 7 and 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in 
this Regulation
. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


3.   
The
 delegation of power referred to in Articles 7
, 8(4), 11(1)
 and 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in 
that decision
. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.





Amendment 77


Proposal for a regulation


Article 13 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.







Amendment 78


Proposal for a regulation


Article 13 — paragraph 5








Text proposed by the Commission




Amendment





5.   A delegated act adopted pursuant to Articles 7 and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period 
may
 be extended by two months at the initiative of the European Parliament or of the Council.


5.   A delegated act adopted pursuant to Articles 7
, 8(4), 11(1)
 and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period 
shall
 be extended by two months at the initiative of the European Parliament or of the Council.





Amendment 79


Proposal for a regulation


Article 14 — paragraph 1








Text proposed by the Commission




Amendment







No later than eight
 years after the entry into force, the Commission shall assess the application of this Regulation and 
transmit
 a report to the European Parliament and the Council. That report shall assess how effectively this Regulation 
has
 allowed customers to choose more efficient products, taking into account 
its impacts
 on business.




By … [6
 years after the entry into force 
of this Regulation]
, the Commission shall assess the application of this Regulation and 
submit
 a report to the European Parliament and the Council. That report shall assess how effectively this Regulation 
and its delegated acts have
 allowed customers to choose more 
energy
 efficient products, taking into account 
criteria such as its effect
 on business
, energy consumption, greenhouse gases emissions, market surveillance activities, and the cost to establish and maintain the database.






 




The evaluation exercise conducted pursuant to the first paragraph shall make explicit use of the annual follow-up reports regarding enforcement and market surveillance established by Article 5
.





Amendment 80


Proposal for a regulation


Article 16 — paragraph 3








Text proposed by the Commission




Amendment





However, Article 3(1)
(d)
 shall apply 
from
1 January 
2019
.


However, 
point (d) of
 Article 3(1) shall apply 
as soon as the public interface of the product database established pursuant to Article 8 is fully operational, and in any event no later than
1 January 
2018
.





Amendment 81


Proposal for a regulation


Annex I — title and point 1








Text proposed by the Commission




Amendment





Information to be included in the product database


Information to be included in the product database
, plus functional requirements












1.




Publicly available product information
:












1.




Information to be included in the public interface of the database
:














(a)




manufacturer's or supplier's
 name or trademark;












(a)




the
 name or trademark
, address, contact details and other legal identification of the supplier
;








 










(aa)






contact details of the Member State market surveillance authorities;
















(b)


the model identifier(s), including of all equivalent models;












(b)


the model identifier(s), including of all equivalent models;














(c)


the label in electronic format;












(c)


the label in electronic format;














(d)


the class(es) and other parameters 
on
 the label;












(d)


the 
energy efficiency
 class(es) and other parameters 
of
 the label;














(e)


the product information sheet in electronic format.












(e)




the parameters of
 the product information sheet in electronic format;








 










(ea)






Member States' education and information campaigns as referred to in Article 4(4);










 










(eb)






working-plan of the Commission as referred to in Article 11;










 










(ec)






minutes of the Consultation Forum;










 










(ed)





inventory of delegated acts and harmonised standards applicable.










Amendment 82


Proposal for a regulation


Annex I — point 2








Text proposed by the Commission




Amendment











2.




Compliance
 information
, only available to Member States' market surveillance authorities and the Commission
:












2.


Information 
to be included in the compliance interface of the database
:














(a)




the technical
 documentation 
specified
 in the 
applicable
 delegated act;












(a)




test report or similar conformity assessment
 documentation 
enabling to assess compliance with all requirements
 in the 
relevant
 delegated act
, including testing methods and series of measurements
;














(b)




test report or similar technical evidence enabling compliance with all requirements
 in the 
applicable delegated act to be assessed
;












(b)




provisional measures adopted
 in the 
frame of market surveillance related to this Regulation
;














(c)




name and address of the supplier
;












(c)




the technical documentation referred to in point (c) of Article 3(1)
;








 










(ca)






direct contact details of the Member State market surveillance authorities and Commission coordination;










 










(cb)






Member States' and Commission's outcome of the compliance checks and, if applicable, corrective action and restrictive measures taken by the market surveillance authorities as referred to in Articles 5 and 6
.
















(d)






the contact details of a representative of the supplier
.






 





Amendment 83


Proposal for a regulation


Annex I — point 2 a (new)








Text proposed by the Commission




Amendment





 










2a.





Functional requirements for the public interface of the database:









 










(a)






each product model shall be organised as an individual record;










 










(b)






it shall enable consumers to easily identify the best energy class populated for each product group, allowing them to compare model characteristics and to choose the most energy efficient products;










 










(c)






it shall generate as a single viewable and printable file the energy label of each product, as well as the linguistic versions of the complete product information sheet, covering all the official languages of the Union;










 










(d)






the information shall be machine readable, sortable and searchable, respecting open standards for third party use, free of charge;










 










(e)






redundant registration shall be automatically avoided;










 










(f)






an online helpdesk or contact point for customers shall be established and maintained, clearly referenced on the interface.











Amendment 84


Proposal for a regulation


Annex I — point 2 b (new)








Text proposed by the Commission




Amendment





 










2b.





Functional requirements for the compliance interface of the database:









 










(a)






strict security arrangements for the safeguarding of confidential information shall be ensured;










 










(b)






access rights shall be based on the need-to-know principle;










 










(c)






a link shall be provided to the Information and Communication System on Market Surveillance (ICSMS).












(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0213/2016).

(1a)  
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 (OJ L 285, 31.10.2009, p. 10).



(21)  OJ L 218, 13.8.2008, p. 30.

(21)  OJ L 218, 13.8.2008, p. 30.

(1a)  
Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of space heaters, combination heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device (OJ L 239, 6.9.2013, p. 1).



(1b)  
Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device (OJ L 239, 6.9.2013, p. 83).



(1c)  
Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers (OJ L 314, 30.11.2010, p. 1).



(1d)  
Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances (OJ L 314, 30.11.2010, p. 17).



(1e)  
Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing
 Directive 
2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines(OJ L 314, 30.11.2010, p. 47).



(1f)  
Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions(OJ L 314, 30.11.2010, p. 64).



(1 g)  
Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires (OJ L 258, 26.9.2012, p. 1)
.