CELEX: 51995FC0012
Language: en
Date: 2007-01-31
Title: Draft Commission Directive …/…/EC of […] implementing Council Directive 92/75/EEC with regard to energy labelling of household washing machines (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        CXXX

                                        NOT FOR PUBLICATION

                                                                      Draft

                                                           COMMISSION DIRECTIVE …/…/EC

                                                                      of […]

                      implementing Council Directive 92/75/EEC with regard to energy labelling of household washing machines

                                                                (Codified version)

                                            ê 95/12/EC

                                                                      Draft

                                                           COMMISSION DIRECTIVE …/…/EC

                                                                      of […]

                      implementing Council Directive 92/75/EEC with regard to energy labelling of household washing machines

                                                            (Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

                                            ê 95/12/EC (adapted)

Having regard to Council Directive 92/75/EEC of 22 September 1992 on the  indication  by  labelling  and  standard  product  information  of  the
consumption of energy and other resources of household appliances[1], and in particular Articles 9 and 12 thereof,

                                            ê .

   1) Commission Directive 95/12/EC of 23 May 1995 implementing Council Directive 92/75/EEC with regard to energy labelling of household  washing
      machines[2] has been substantially amended several times[3]. In the interests of clarity and  rationality  the  said  Directive  should  be
      codified.

                                            ê 95/12/EC Recital 1

   2) Under Directive 92/75/EEC the Commission is to adopt an implementing  directive  in  respect  of  household  appliances  including  washing
      machines.

                                            ê 95/12/EC Recital 2

   3) Electricity use by washing machines accounts for a significant part of total Community energy demand. The scope for reduced energy  use  by
      these appliances is substantial.

                                            ê 95/12/EC Recital 3

   4) A better washing performance often requires a higher consumption of water  and  energy.  Information  on  the  washing  performance  of  an
      appliance is helpful in evaluating the information on its energy and water consumption. This will help consumers make a choice of appliance
      which is consistent with the rational use of energy.

                                            ê 95/12/EC Recital 4

   5) The Community, confirming its interest in an international standardization system capable of producing standards that are actually used  by
      all partners in international trade and of meeting the requirements of Community policy, invites the European  standards  organizations  to
      continue their cooperation with international standards organizations.

                                            ê 95/12/EC Recital 5 (adapted)

   6) The European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) are  the  bodies
      recognized as competent to adopt harmonized standards in accordance with the general guidelines for cooperation between the Commission  and
      these two bodies signed on 13 November 1984. Within the meaning of this Directive, a  harmonized  standard  is  a  technical  specification
      (European standard or harmonization document) adopted by Cenelec, on the basis of a remit (mandate) from the Commission in accordance  with
      the provisions of Directive Ö 98/34/EC of the European Parliament and of the Council of 22 June 1998 Õ laying  down  a  procedure  for  the
      provision of information in the field of technical standards and regulations[4], and on the basis of those general guidelines.

                                            ê 95/12/EC Recital 6

   7) The measures set out in this Directive are in accordance with the opinion of the committee set up under Article 10 of Directive 92/75/EEC.

                                            ê .

   8) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law and application of the Directives set out in Annex VI, Part B,

                                            ê 95/12/EC

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

1. This Directive shall apply to electric mains operated household washing machines, excluding:

(a)   machines with no spin capability;

(b)   machines with separate washing and spin drying vessels (such as twin tubs), and;

(c)   combined washer-driers.

                                            ê 96/89/EC Art. 1

(d)   until 30 June 1998 machines with no internal means to heat water.

                                            ê 95/12/EC
                                            è1 Corrigendum 95/12/EC (OJ L 47, 24.2.1996, p. 35)

Appliances that can also use other energy sources are excluded.

2. The information required by this Directive shall be measured in accordance with harmonized standards, the  reference  numbers  of  which  have
been published in the Official Journal of the European Union and for which Member States have published the reference  numbers  of  the  national
standards transposing those harmonized standards. Throughout this Directive any provisions requiring the giving of information relating to  noise
shall apply where that information is required under Article 3 of Council Directive 86/594/EEC[5].  è1 This  information  shall  be  measured  in
accordance with that Directive. ç

                                            ê Corrigendum 95/12/EC (OJ L 47, 24.2.1996, p. 35)

3. The harmonized standards referred to in paragraph 2 shall be drawn up under mandate from the Commission in accordance with Directive  98/34/EC

                                            ê 95/12/EC

4. «Dealer», «supplier», «information sheet», «other essential resources» and «supplementary information» shall have  the  meanings  set  out  in
Article 1 (4) of Directive 92/75/EEC.

                                                                    Article 2

1. The technical documentation referred to in Article 2 (3) of Directive 92/75/EEC shall include:

(a)   the name and address of the supplier;

(b)   a general description of the appliance, sufficient for it to be uniquely identified;

(c)   information, including drawings as relevant, on the main design features of the model and in particular items which appreciably affect  its
       energy consumption;

(d)   reports of relevant measurement tests carried out under test procedures of the harmonized standards referred to in Article 1 (2);

(e)   operating instructions, if any.

2. The label referred to in Article 2 (1) of Directive 92/75/EEC shall be as specified in Annex I to this Directive. The label  shall  be  placed
on the outside of the front or top of the appliance, in such a way as to be clearly visible, and not obscured.

3. The content and format of the fiche referred to in Article 2 (1) of Directive 92/75/EEC shall be as specified in Annex II to this Directive.

4. In the circumstances covered by Article 5 of Directive 92/75/EEC, and where the offer for sale, hire, or hire purchase, is provided  by  means
of a printed communication, such as a mail order catalogue, then that printed communication shall include all the information specified in  Annex
III to this Directive.

5. The energy efficiency class of an appliance, its washing performance class, and its drying efficiency class, as specified  in  the  label  and
the fiche, shall be as specified in Annex IV.

                                                                    Article 3

Member States shall take all necessary measures to ensure that all suppliers and dealers established in their territory fulfil their  obligations
under this Directive.

                                            ê 95/12/EC (adapted)

                                                                    Article 4

Member States shall communicate to the Commission the text of the provisions of national law which they  adopt  in  the  field  covered  by  this
Directive.

                                            ê .

                                                                    Article 5

Directive 95/12/EC, as amended by the Directives listed in Annex VI, Part A, is repealed, without prejudice to  the  obligations  of  the  Member
States relating to the time limits for transposition into national law and application of the Directives set out in Annex VI, part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table set out in Annex VII.

                                            ê 95/12/EC Art. 5

                                                                    Article 6

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

                                            ê 95/12/EC Art. 6

                                                                    Article 7

This Directive is addressed to the Member States.

Done at Brussels,

      For the Commission
      […]
      Member of the Commission

                                            ê 95/12/EC

                                                                     ANNEX I

                                                                    THE LABEL

Label design

1.    The label shall be the appropriate language version chosen from the following illustrations:

                                                                      [pic]

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 602

                                                                      [pic]

                                            ê 95/12/EC

                                                                      [pic]

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 602

                                                                      [pic]

                                            ê 95/12/EC

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 602

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 95/12/EC

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 602

                                                                      [pic]

                                            ê 95/12/EC

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 602

                                                                      [pic]

                                                                      [pic]

                                            ê 95/12/EC

                                                                      [pic]

                                                                      [pic]

[pic]

Notes concerning the label

2.    The following notes define the information to be included:

      Note:

       I.   Supplier's name or trade mark.

       II.  Supplier's model identifier.

       III. The energy efficiency class of an appliance shall be determined in accordance with Annex IV. This letter shall be placed at the  same
           level as the relevant arrow.

                                            ê 95/12/EC (adapted)

       IV.  Without prejudice to any requirements under the Community eco-label scheme, where an appliance has been  granted  a  «Community  eco-
           label» pursuant to Ö Regulation (EC) No 1980/2000 of the European Parliament and of the Council Õ [6], a copy of the eco-label may be
           added here. The «Washing machine label design guide» referred to below, explains how the eco-label mark may be included in the label.

                                            ê 95/12/EC

       V.   Energy consumption in kWh per cycle using standard 60 °C cotton cycle in accordance  with  the  test  procedures  of  the  harmonized
           standards referred to in Article 1 (2).

       VI.  Washing performance class as determined by Annex IV.

       VII. Drying efficiency class as determined by Annex IV.

       VIII.      Maximum spin speed attained for standard 60 °C cotton cycle in accordance with the test procedures of the harmonized  standards
           referred to in Article 1 (2).

       IX.  Capacity of appliance for standard 60 °C cotton cycle in accordance with the harmonized standards referred to in Article 1 (2).

       X.   Water consumption per cycle of washing using standard 60 °C cotton cycle in accordance with the test  procedures  of  the  harmonized
           standards referred to in Article 1 (2).

       XI.  Where applicable, noise during washing and spinning cycles using standard 60 °C cycle, in accordance  with  Council  Directive  (EEC)
           No 86/594[7].

      Note:

      The equivalent terms in other languages to those given above are set out in Annex V.

Printing

3.    The following defines certain aspects of the label:

                                                                      [pic]

Colours used:

CMYK — cyan, magenta, yellow, black.

For example: 07X0: 0 % cyan, 70 % magenta, 100 % yellow, 0 % black.

Arrows:

     – A:  X0X0

     – B:  70X0

     – C:  30X0

     – D:  00X0

     – E:  03X0

     – F:  07X0

     – G:  0XX0

Outline colour: X070

All text is in black. The background is white.

Complete printing information is contained in a «washing machine energy label design guide», which is for information only, obtainable from:

The Secretary of the Committee on energy labelling and standard product information for household appliances,

                                            ê 95/12/EC (adapted)

Directorate-General for Energy Ö and Transport Õ ,

European Commission,

Rue de la Loi/Wetstraat 200,

B-1049 Brussels.

                                            ê 95/12/EC

                                                                     ANNEX II

                                                                    THE FICHE

The fiche shall contain the following information. The information may be given in the form of a table covering a number of  models  supplied  by
the same supplier, in which case it shall be given in the order specified, or given close to the description of the appliance:

1.    Supplier's trade mark.

2.    Supplier's model identifier.

3.    The energy efficiency class of the model as defined in Annex IV. Expressed as «Energy efficiency class … on a scale of A  (most  efficient)
       to G (least efficient). Where this information is provided in a table, this may be expressed by other means provided it is clear that  the
       scale is from A (most efficient) to G (least efficient)».

                                            ê 95/12/EC (adapted)

4.    Where the information is provided in a table, and where some of the appliances listed in the table have  been  granted  an  «EU  eco-label»
       pursuant to Regulation (EC) No  Ö 1980/2000 Õ , this information may be included here. In this case the row heading shall state  «EU  eco-
       label», and the entry shall consist of a copy of the eco-label mark. This provision is without prejudice to  any  requirements  under  the
       Community eco-label mark scheme.

                                            ê 95/12/EC

5.    Energy consumption in kWh per cycle using standard 60 °C cotton cycle in accordance with the test procedures referred to in Article 1  (2),
       described as «energy consumption XYZ kWh per cycle, based on standard test results for 60 °C cotton cycle. Actual energy consumption  will
       depend on how the appliance is used.»

6.    Washing performance class as determined by Annex IV. Expressed as «Washing performance class … on a scale of  A  (higher)  to  G  (lower)».
       This may be expressed by other means provided it is clear that the scale is from A (higher) to G (lower).

7.    Spin drying efficiency class (Annex IV). Expressed as: «Spin drying performance … on a scale of A (higher) to G (lower)». Followed  by  the
       statement:

      «NB if you use a tumble drier. Choosing a washing machine with A-rated spin, instead of one with a G-rated  spin  will  halve  your  tumble
       drying costs. Tumble drying clothes usually uses more energy than washing them.»

      This statement may also be included as a footnote.

      Where this information is provided in a table this may be expressed by other means provided it is clear that the scale is from  A  (higher)
       to G (lower), and that the statement concerning running costs is included in the table, or in a footnote.

8.    Water extraction efficiency in accordance with the test procedures of the harmonized standards referred to in Article 1 (2) for a  standard
       60 °C cotton cycle. Expressed as «Water remaining after spin …% (as a proportion of dry weight of wash)».

9.    Maximum spin speed attained for standard 60 °C cotton cycle in accordance with the test procedures of the harmonized standards referred  to
       in Article 1 (2).

10.   Capacity of appliance for standard 60 °C cotton cycle in accordance with the test procedures of the harmonized  standards  referred  to  in
       Article 1 (2).

11.   Water consumption per cycle using standard 60 °C cotton cycle in accordance with the test procedures of the harmonized  standards  referred
       to in Article 1 (2).

12.   Programme time for standard 60 °C cotton cycle in accordance with the test procedures referred to in Article 1 (2).

13.   Suppliers may include the information in points 6 to 12, in respect of other wash cycles.

14.   The average annual consumption of energy and water based on 200 standard 60 °C cotton cycles. This shall be expressed as «estimated  annual
       consumption (200 standard 60 °C cotton washes) for a four-person household».

15.   Noise during washing and spinning cycles using standard 60 °C cycle, in accordance with Directive (EEC) No 86/594.

If a copy of the label, either in colour or black and white, is included in the fiche, then only the further information included  in  the  fiche
need be included.

Note:

The equivalent terms in other languages to those given above are set out in Annex V.

                                                                    ANNEX III

                                                      MAIL ORDER AND OTHER DISTANCE SELLING

Mail order catalogues and other printed communications referred to in Article 2 (4) shall contain the following information, given in  the  order
specified:

1.    Energy efficiency class (Annex II point 3)

2.    Energy consumption (Annex II point 5)

3.    Washing performance class (Annex II point 6)

4.    Spin drying efficiency class (Annex II point 7)

5.    Maximum spin speed (Annex I note VIII)

6.    Capacity (Annex I note IX)

7.    Water consumption (Annex I note X)

8.    Estimated annual consumption for a four-person household (Annex II point 14)

9.    Noise (Annex I note XI)

Where other information contained in the fiche is provided, it shall be in the form defined in Annex II and shall be included in the above  table
in the order defined for the fiche.

Note:

The equivalent terms in other languages to those given above are set out in Annex V.

                                                                     ANNEX IV

                                                             ENERGY EFFICIENCY CLASS

1.    The energy efficiency class of an appliance shall be determined in accordance with the following table 1:

|Table 1                                                                                                                   |
|Energy efficiency class                                     |Energy consumption «C» in kWh per kg washed for standard    |
|                                                            |60 °C cotton cycle using test procedures of the harmonized  |
|                                                            |standards referred to in Article 1 (2)                      |
|A                                                           |C ≤ 0,19                                                    |
|B                                                           |0,19 < C ≤ 0,23                                             |
|C                                                           |0,23 < C ≤ 0,27                                             |
|D                                                           |0,27 < C ≤ 0,31                                             |
|E                                                           |0,31 < C ≤ 0,35                                             |
|F                                                           |0,35 < C ≤ 0,39                                             |
|G                                                           |0,39 < C                                                    |

2.    The washing performance class of an appliance shall be determined by the following table 2:

|Table 2                                                                                                                   |
|Washing performance class                                   |Washing performance index P as defined in the harmonized    |
|                                                            |standards referred to in Article 1 (2), using a standard    |
|                                                            |60 °C cycle                                                 |
|A                                                           |P > 1,03                                                    |
|B                                                           |1,03 ≥ P > 1,00                                             |
|C                                                           |1,00 ≥ P > 0,97                                             |
|D                                                           |0,97 ≥ P > 0,94                                             |
|E                                                           |0,94 ≥ P > 0,91                                             |
|F                                                           |0,91 ≥ P > 0,88                                             |
|G                                                           |0,88 ≥ P                                                    |

3.    The drying efficiency class of an appliance shall be determined by the following table 3:

|Table 3                                                                                                                   |
|Spin drying efficiency class                                |Water extraction efficiency D as defined in the harmonized  |
|                                                            |standards referred to in Article 1 (2), using a standard    |
|                                                            |60 °C cycle                                                 |
|A                                                           |D < 45 %                                                    |
|B                                                           |45 % ≤ D < 54 %                                             |
|C                                                           |54 % ≤ D < 63 %                                             |
|D                                                           |63 % ≤ D < 72 %                                             |
|E                                                           |72 % ≤ D < 81 %                                             |
|F                                                           |81 % ≤ D < 90 %                                             |
|G                                                           |90 % ≤ D                                                    |

                                            ê 95/12/EC
                                            è1 2003 Act of Accession

                                                                     ANNEX V

                                               TRANSLATIONS OF TERMS TO BE USED IN LABEL AND FICHE

                         The equivalents in other Community languages of the terms in English given above are as follows:

|Note                                                         |                                                              |
|Council Directive 96/89/EC                                              |(OJ L 338, 28.12.1996, p. 85)                        |

                                                                      Part B

                                                        Non-repealed successive amendments
                                                            (referred to in Article 5)

2003 Act of Accession

                                                                      Part C

                                    List of time-limits for transposition into national law [and application]
                                                            (referred to in Article 5)

|Directive                           |Time-limit for transposition            |Date of application                     |
|95/12/EC                            |1 March 1996                            |1 April 1996[8]                         |
|96/89/EC                            |15 April 1997                           |15 May 1997                             |

                                                                  _____________

                                                                    ANNEX VII

                                                                Correlation Table

|Directive 95/12/EC                                                   |This Directive                                                       |
|Article 1(1), first subparagraph, introductory phrase                |Article 1(1), first subparagraph, introductory phrase                |
|Article 1(1), first subparagraph, first indent                       |Article 1(1), first subparagraph, (a)                                |
|Article 1(1), first subparagraph, second indent                      |Article 1(1), first subparagraph, (b)                                |
|Article 1(1), first subparagraph, third indent                       |Article 1(1), first subparagraph, (c)                                |
|Article 1(1), first subparagraph, fourth indent                      |Article 1(1), first subparagraph, (d)                                |
|Article 1(1), second subparagraph                                    |Article 1(1), second subparagraph                                    |
|Article 1(2), (3) and (4)                                            |Article 1(2), (3) and (4)                                            |
|Article 2(1), introductory phrase                                    |Article 2(1), introductory phrase                                    |
|Article 2(1), first indent                                           |Article 2(1), (a)                                                    |
|Article 2(1), second indent                                          |Article 2(1), (b)                                                    |
|Article 2(1), third indent                                           |Article 2(1), (c)                                                    |
|Article 2(1), fourth indent                                          |Article 2(1), (d)                                                    |
|Article 2(1), fifth indent                                           |Article 2(1), (e)                                                    |
|Article 2(2), (3), (4) and (5)                                       |Article 2(2), (3), (4) and (5)                                       |
|Article 3                                                            |Article 3                                                            |
|Article 4(1)                                                         |________                                                             |
|Article 4(2)                                                         |Article 4                                                            |
|______                                                               |Article 5                                                            |
|Article 5                                                            |Article 6                                                            |
|Article 6                                                            |Article 7                                                            |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|Annex III                                                            |Annex III                                                            |
|Annex IV                                                             |Annex IV                                                             |
|Annex V                                                              |Annex V                                                              |
|_____                                                                |Annex VI                                                             |
|_____                                                                |Annex VII                                                            |

                                                                   ____________

                                                             -----------------------
[1]   OJ L 297, 13. 10. 1992, p. 16. Ö Directive as amended by Regulation (EC) N°1882/2003 (OJ L 284, 31.10.2003, p. 1). Õ
[2]   OJ L 136, 21.6.1995, p. 1. Directive as last amended by the 2003 Act of Accession.
[3]   See Annex VI, Part A.
[4]    Ö OJ L 204, 21.7.1998, p. 37. Directive Directive as last amended by the 2003 Act of Accession. Õ
[5]   OJ L 344 , 6. 12. 1986, p. 24.
[6]    Ö OJ L 237, 21.9.2000, p. 1. Õ
[7]   OJ L 344, 6. 12. 1986, p. 24. The relevant standards are EN 60704-2-4 (noise measurement) and EN 60704-3 (verification).
[8]   Article 4 (1), second subparagraph of Directive 95/12/EC :
      “However, Member States shall allow, until 30 September 1996:
      - the placing on the Market, the commercialization and/or the display of products,
      - the distribution of the printed communications referred to in Article 2 (4) which do not conform to this Directive.”