CELEX: 51997FC0017
Language: en
Date: 2007-02-06
Title: Draft Commission Directive …/…/EC of […] implementing Council Directive 92/75/EEC with regard to energy labelling of household dishwashers (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        CXXX

                                                                      Draft

                                                           COMMISSION DIRECTIVE …/…/EC

                                                                      of […]

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

                                                                (Codified version)

                                            ê 97/17/EC

                                                                      Draft

                                                           COMMISSION DIRECTIVE …/…/EC

                                                                      of […]

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

                                                            (Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

                                            ê 97/17/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 97/17/EC of 16 April 1997 implementing Council Directive 92/75/EEC  with  regard  to  energy  labelling  of  household
      dishwashers[2] has been substantially amended several times[3]. In the interests of clarity and rationality the said  Directive  should  be
      codified.

                                            ê 97/17/EC Recital 1

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

                                            ê 97/17/EC Recital 2

   3) A better cleaning or drying performance often requires a higher consumption of water and energy. Information  on  the  cleaning  or  drying
      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 97/17/EC Recital 3

   4) 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 97/17/EC Recital 4 (adapted)

   5) 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 97/17/EC Recital 5

   6) 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 .

   7) 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 97/17/EC

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

1. This Directive shall apply to electric mains-operated household dishwashers. 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 only where that information is required under Article 3 of Council Directive 86/594/EEC[5]. Such information, where  required,  shall
be measured in accordance with that Directive.

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
.

4. In this Directive, except where the context otherwise requires, the expressions used have the same meaning as in 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 model, sufficient for it to be 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 the test procedures of the harmonized standards referred  to  in  Article  1(2)  of
       this Directive;

(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, cleaning performance class and drying performance class of an appliance shall be determined  in  accordance  with
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.

                                                                    Article 4

                                            ê 1999/9/EC Art. 1

                                            ê 97/17/EC

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 97/17/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 97/17/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 97/17/EC Art. 6

                                                                    Article 7

This Directive is addressed to the Member States.

Done at Brussels,

      For the Commission
      […]
      Member of the Commission

                                            ê 97/17/EC

                                                                     ANNEX I

                                                                    THE LABEL

Label design

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

                                                                      [pic]

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 640

                                                                      [pic]

                                            ê 97/17/EC

                                                                      [pic]

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 640

                                                                      [pic]

                                            ê 97/17/EC

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 640

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 97/17/EC

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 640

                                                                      [pic]

                                            ê 97/17/EC

                                                                      [pic]

                                            ê 2003 Act of Accession Art. 20 and Annex II p. 640

                                                                      [pic]

                                                                      [pic]

                                            ê 97/17/EC

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 97/17/EC (adapted)

Ö Notes concerning the label Õ

                                            ê 97/17/EC

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 the model, determined in accordance with Annex IV. This indicator letter shall be placed at  the  same
           level as the relevant arrow.

                                            ê 97/17/EC (adapted)

       IV.  Without prejudice to any requirements under the Community Eco-label scheme, where a model 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.

                                            ê 97/17/EC

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

       VI.  Cleaning performance class, determined in accordance with Annex IV.

       VII. Drying performance class, determined in accordance with Annex IV.

       VIII.      Capacity of appliance in standard place settings, determined in accordance with the harmonized standards referred to in Article
           1(2).

       IX.  Water consumption, in litres, per complete cycle using standard cycle, determined in accordance  with  the  test  procedures  of  the
           harmonized standards referred to in Article 1(2).

       X.   Where applicable, noise during standard cycle, determined in accordance with Council Directive 86/594/EEC[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.

Ex. 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.

                                                                     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. The information shall be given in the order specified below unless it is contained  in  a  more  general  description  of  the
appliance:

1.    Supplier's trade mark.

2.    Supplier's model identifier.

3.    The energy efficiency class of the model determined in accordance with Annex IV. Expressed as «Energy efficiency class … on a  scale  of  A
       (more efficient) to G (less 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 (more efficient) to G (less efficient).

                                            ê 97/17/EC (adapted)

4.    Where the information is provided in a table, and where some of the appliances listed in the table have  been  granted  a  «Community  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
       «Community 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 EU Eco-label scheme.

                                            ê 97/17/EC

5.    Manufacturer's name, code or indication for the «standard» cycle to which the information in the label and the fiche relate.

6.    Energy consumption in kWh per cycle using standard, cycle determined in accordance with the test procedures  of  the  harmonized  standards
       referred to in Article 1(2), and described as «Energy consumption XYZ kWh per standard test cycle, using cold water  fill.  Actual  energy
       consumption will depend on how the appliance is used».

7.    Cleaning performance class, determined in accordance with Annex IV. Expressed as «Cleaning 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).

8.    Drying performance class, determined in accordance with Annex IV. Expressed as: «Drying performance …  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).

9.    Capacity of appliance in standard place settings, as defined in Annex I, note VIII.

10.   Water consumption per cycle in litres using standard cycle, as defined in Annex I, note IX.

11.   Programme time for standard cycle, determined in accordance with the test procedures of the harmonized standards  referred  to  in  Article
       1(2).

12.   Suppliers may include the information in points 5 to 11 in respect of other cycles.

13.   The estimated annual consumption of energy and water equal to 220 times the consumptions expressed in points 6  (energy)  and  10  (water).
       This shall be expressed as «estimated annual consumption (220 cycles)».

14.   Where applicable, noise during standard cycle, in accordance with Council Directive (EEC) No 86/594.

The information on the label may be given in the form of a representation of the label in colour or in black and white.

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.    Name of standard cycle (Annex II, point 5)

3.    Energy consumption (Annex II, point 6)

4.    Cleaning performance class (Annex II, point 7)

5.    Drying performance class (Annex II, point 8)

6.    Capacity (Annex I, note VIII)

7.    Water consumption (Annex II, note IX)

8.    Estimated annual consumption (220 cycles) (Annex II, point 13)

9.    Noise, where applicable (Annex II, note X).

Where other information contained in the fiche is provided, it shall be in the form specified in Annex II and shall  be  included  in  the  above
table in the order required 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 as follows:

|A reference consumption CR shall be calculated as follows:                                          |
|CR = 1,35 + 0,025 × S                                   |when S ≥ 10                                |
|CR = 0,45 + 0,09 × S                                    |when S ≤ 9                                 |

      where S is the capacity of the appliance in standard place settings (Annex I, note VIII).

      An energy efficiency index EI is then set as EI = C/CR

      where C is the energy consumption of the appliance (Annex I, note V).

      The energy efficiency class is then determined in accordance with Table 1:

                                                                     Table 1

|Energy efficiency class                               |Energy efficiency index EI                                             |
|A                                                     |EI < 0,64                                                              |
|B                                                     |0,64 ≤ EI < 0,76                                                       |
|C                                                     |0,76 ≤ EI < 0,88                                                       |
|D                                                     |0,88 ≤ EI < 1,00                                                       |
|E                                                     |1,00 ≤ EI < 1,12                                                       |
|F                                                     |1,12 ≤ EI < 1,24                                                       |
|G                                                     |EI ≥ 1,24                                                              |

2.    The cleaning performance class of an appliance shall be determined in accordance with Table 2:

                                                                     Table 2

|Cleaning performance class                            |Cleaning performance index PC as defined in the harmonized standards  |
|                                                      |referred to in Article 1(2), using a standard cycle                   |
|A                                                     |PC > 1,12                                                             |
|B                                                     |1,12 ≥ PC > 1,00                                                      |
|C                                                     |1,00 ≥ PC > 0,88                                                      |
|D                                                     |0,88 ≥ PC > 0,76                                                      |
|E                                                     |0,76 ≥ PC > 0,64                                                      |
|F                                                     |0,64 ≥ PC > 0,52                                                      |
|G                                                     |0,52 ≥ PC                                                             |

3.    The drying performance class of an appliance shall be determined in accordance with Table 3:

                                                                     Table 3

|Drying performance class                              |Drying performance index PD as defined in the harmonized standards    |
|                                                      |referred to in Article 1(2)                                           |
|A                                                     |PD > 1,08                                                             |
|B                                                     |1,08 ≥ PD > 0,93                                                      |
|C                                                     |0,93 ≥ PD > 0,78                                                      |
|D                                                     |0,78 ≥ PD > 0,63                                                      |
|E                                                     |0,63 ≥ PD > 0,48                                                      |
|F                                                     |0,48 ≥ PD > 0,33                                                      |
|G                                                     |0,33 ≥ PD                                                             |

                                            ê 97/17/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 1999/9/EC                                             |(OJ L 56, 4.3.1999, p. 46)                           |

                                                                      Part B

                                                        Non-repealed successive amendment
                                                            (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                     |
|97/17/EC                            |28 February 1999                        |1 March 1999[8]                         |

                                                                  _____________

                                                                    ANNEX VII

                                                                Correlation Table

|Directive 97/17/EC                                                   |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|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.
[2]   OJ L 118, 7.5.1997, 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 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 60704-2-3 (noise measurement) and EN 60704-3 (verification).
[8]   Article 4 (1), second subparagraph of Directive 97/17/EC :
      “However, Member States shall allow, until 31 July 1999:
      - the placing on the market, the commercialisation and/or the display of products, and
      - the distribution of printed communications referred to in Article 2 (4), which do not conform to this Directive.”