Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment

Regulation (EC) No 2422/2001 of the European Parliament and of the Council
of 6 November 2001
on a Community energy efficiency labelling programme for office equipment
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Office equipment accounts for a significant share of total electricity consumption. The most effective measure for reducing electrical consumption of office equipment is to reduce the standby consumption in accordance with the Council conclusions of May 1999 on standby losses of consumer electronic equipment. The various models available on the Community market have very different levels of consumption in standby mode.
(2) There are, however, other measures for reducing electricity consumption from such equipment, such as switching it off when not needed, without compromising functionality. The Commission should ascertain which measures are appropriate in order also to exploit this energy-saving potential.
(3) It is important to promote measures aimed at the proper functioning of the internal market.
(4) It is desirable to coordinate the national energy labelling initiatives to minimise the adverse impact on industry and trade.
(5) It is appropriate to take as a base a high level of protection in proposals for the approximation of the provisions laid down by law, regulation or administrative action in Member States concerning health, safety, environmental protection and consumer protection. This Regulation contributes to a high level of protection for both the environment and the consumer, in aiming at a significant improvement of the energy efficiency of this type of equipment.
(6) Since the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(7) Moreover, Article 174 of the Treaty calls for the protection and improvement of the environment and prudent and rational utilisation of natural resources, these two objectives being among those of the Community policy on the environment. Electricity generation and consumption account for 30 % of man-made carbon dioxide (CO2) emissions and some 35 % of primary energy consumption in the Community. These percentages are increasing, and standby losses from electrical equipment account for about 10 % of its consumption.
(8) Furthermore, Council Decision 89/364/EEC of 5 June 1989 on a Community action programme for improving the efficiency of electricity use(4) has as its twin objectives to encourage consumers to favour appliances and equipment with high electrical efficiency and to improve the efficiency of appliances and equipment. Further steps are needed to improve consumer information.
(9) The UNFCCC Protocol agreed in Kyoto on 10 December 1997 calls for a greenhouse gases emission reduction for the Community of 8 % at the latest during the period 2008 to 2012. In order to achieve this objective, stronger measures are required to reduce CO2 emissions within the Community.
(10) Furthermore, Decision No 2179/98/EC of the European Parliament and of the Council of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development "Towards sustainability"(5) indicated as a key priority for the integration of environmental requirements in relation to energy the provision of energy efficiency labelling of appliances.
(11) The Council Resolution of 7 December 1998 on energy efficiency in the European Community(6) called for the increased use of labelling of appliances and equipment.
(12) It is desirable to coordinate energy efficiency requirements, labels and test methods wherever appropriate.
(13) Most energy-efficient office equipment is available at little or no extra cost and may therefore in many cases pay for any additional cost through electricity savings within a reasonably short time. Energy-saving and CO2 reduction objectives can therefore be achieved in a cost-effective manner in this area, without disadvantages for consumers or industry.
(14) Office equipment is traded worldwide. The Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programmes for office equipment will facilitate international trade and environmental protection for this equipment. This Regulation is aimed at implementing the abovementioned Agreement in the Community.
(15) In order to influence the requirements of the Energy Star label, which is used worldwide, the Community should participate in this labelling scheme and in drawing up the necessary technical specifications. However, regular reviews must be carried out by the Commission to ascertain whether the technical criteria set are ambitious enough and take sufficient account of the Community's concerns.
(16) An effective enforcement system is necessary to ensure that the energy-efficient labelling programme for office equipment is implemented properly, guarantees fair conditions of competition for producers and protects consumer rights.
(17) This Regulation is confined to office equipment products.
(18) 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 by household appliances(7) is not the most appropriate instrument for office equipment. The most cost-effective measure for promoting energy efficiency of office equipment is a voluntary labelling programme.
(19) It is necessary to assign the task of contributing to setting and reviewing the technical specifications to an appropriate body, the European Community Energy Star Board (ECESB), in order to achieve an efficient and neutral implementation of the scheme. The ECESB should be composed of national representatives.
(20) It is necessary to ensure that the energy-efficient labelling programme for office equipment is consistent and coordinated with the priorities of the Community policy and with other Community labelling or quality-certification schemes such as those established by Directive 92/75/EEC and by Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(8).
(21) It is desirable to coordinate the Community Energy Star programme and other voluntary labelling energy schemes for office equipment in the Community, in order to prevent confusion for consumers and potential market distortions.
(22) It is necessary to guarantee transparency in the implementation of the scheme and to ensure consistency with relevant international standards in order to facilitate access to, and participation in, the scheme for manufacturers and exporters from countries outside the Community,