Procedure : 2015/0149(COD)
Document stages in plenary
Document selected : A8-0213/2016

Texts tabled :

A8-0213/2016

Debates :

PV 04/07/2016 - 16
CRE 04/07/2016 - 16
PV 13/06/2017 - 2
CRE 13/06/2017 - 2

Votes :

PV 06/07/2016 - 6.4
CRE 06/07/2016 - 6.4
PV 13/06/2017 - 5.7
CRE 13/06/2017 - 5.7

Texts adopted :

P8_TA(2016)0304
P8_TA(2017)0251

REPORT     ***I
PDF 1073kWORD 677k
21 June 2016
PE 575.138v03-00 A8-0213/2016

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))

Committee on Industry, Research and Energy

Rapporteur: Dario Tamburrano

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on the Environment, Public Health and Food Safety
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2015)0341),

–  having regard to Article 294(2) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0189/2015),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 20 January 2016(1),

–  after consulting the Committee of the Regions,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0213/2016),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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 incentivise 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/EC1a 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.

 

_______________

 

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).

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 toecodesign. 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 Council21 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 Council21 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 Group of Experts on Ecodesign and Energy Labelling Administrative Co-operation Working Group (ADCO) should be reinforced and enhanced by the Commission as framework for the cooperation of market surveillance authorities.

__________________

__________________

21 OJ L 218, 13.8.2008, p. 30.

21 OJ L 218, 13.8.2008, p. 30.

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    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.

Amendment    35

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 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 Group of Experts on Ecodesign and Energy Labelling Administrative Co-operation Working Group (ADCO).

 

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    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 811/20131a and 812/20131b 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 1059/20101c, 1060/20101d, 1061/20101e, 1062/20101f and 874/20121g, where preparatory studies are finalised, the Commission shall introduce rescaled labels no later than 21 months after the entry into force of this Regulation.

 

__________________

 

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, of 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, of 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, of 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, of 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, of 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, of 30.11.2010, p.64).

 

1g Commission Delegated Regulation (EU) 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, of 26.9.2012, p. 1).

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 be 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;

 

(ca)  the Commission shall take into account relevant Union legislation and self-regulation, such as voluntary agreements, which are expected to achieve the policy objectives more quickly or at lesser expense than mandatory requirements.

Amendment    73

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;

(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;

 

(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;

(l)  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;

(m)  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.

(n)  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 (l) 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.

 

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 on Better Law-Making of 13 April 2016.

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 I

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;

(t)  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)

OJ C 82, 3.3.2016, p. 6.


EXPLANATORY STATEMENT

Introduction: A house shaken to its foundations – and a way forward

Few months ago, the automotive car emissions case shook the lives of all European citizens. Among other aspects, their trust was particularly damaged. Putting this heavy blow into the broader picture, now we must help to restore this trust. The concrete proposals of the present legislative initiative can take a step in this sense.

Since its creation, the label has provided citizens a deeper understanding of the products' impact on the environment and of their life-cycle. The evaluation of Directive 2010/30/EC highlighted a number of deficits; addressed, they can lead to important additional energy savings. The current revision aims also to facilitate the integration of soon-to-come ICT developments like the Internet of Things and others.

The rapporteur shares the Commission's objectives, included the choice of a Regulation as the best legal instrument to avoid different transpositions in the Member States. He aims to combine several equilibriums: reassuring continuity while stimulating evolution; among citizens, industry, and other stakeholders; between solid pragmatism and inspired ambition; between technological emphasis and social awareness. There is, indeed, a way forward that does not go against anything or anybody, but towards a common improved future.

1.  Tidying up the house(1): labels and documents revolving around themand the challenge of rescaling

The amending interventions highly respect the operational experience cumulated with the Directive 2010/30/EU, really valuable now. The key effort must be addressed to consolidate this experience, while tidying-up undesired variability, in a targeted, cost-conscious way. Article 7 is expanded into four different Articles. The future introduction of new labels needs to be formalised under a neat conceptual combination of two complementary perspectives, output-wise (Articles 7, 7a and 7b) and process-wise (Article 7c). Labels are the focal concept of the whole Regulation, and must stay so. In parallel, the structure of the original Article 12, dealing with delegated acts, has been carefully rearranged. Some elements repeated in many product-specific delegated acts can be better covered by a few procedural delegated acts; this approach will facilitate updates, save legislative resources, and keep variability under control.

Rescaling (Article 7c) is the most sensitive issue at stake; accordingly it needs a well-thought comprehensive equilibrium. Some kind of rescaling triggers are needed to make the process objective; a ‘consultation plus decision’ scheme, complementing them, seems the best method. This report proposes to combine the occupation of energy classes by product models available in the market and the technological evolution of the product group. Urgent, common sense preparatory tasks are given to the Commission: an overall study on market and technology, a rolling three-year working plan for rescaling activities, plus the activation of the product database. All must be supported by an attentive, enhanced multi-stakeholder consultation, aimed to ensure the comfort of all the stakeholders.

Since the post-rescaling distribution of product models in the A-G energy classes will have significant implications on the market, a flexible approach is kept for ‘steering’ it, proposing three options of decreasing ‘rescaling intensity’: C-G (with two empty classes at the top), B-G (one empty class) and A-G (no empty classes). These scale patterns will also be linked to the mentioned triggers. The rapporteur trusts the professional responsibility of suppliers and dealers, regarding how to meet their obligations clearly listed in Article 3.

The goal is to converge on A-G scales within a reasonable time (5 years). Emphasis is also put on information flows and planning tools. Together, they should shape a knowledge-oriented transition that will include tailored solutions for recently-labelled product groups and for small-sized products.

2.  Opening the house: product database, the real engine for change

In this citizen-oriented information & communication system, the product database proposed by the Commission is pivotal. We cannot remain the only major market without a central mandatory product registration system and a public database, which the USA, China, Australia, and others created several years ago. A well-thought database is the real engine for the change we need to empower citizens as protagonists in the EU energy transition. It will facilitate access to information, enhance our capacity to follow market evolution in real time (and to improve legislation accordingly) and boost the efficiency of our ‘safety mechanisms’. As a platform where 100% of the customer-relevant information are uploaded, updated, and given open access to, it will significantly enhance trust.

Accordingly, Article 8 and Annex I were attentively reviewed in order to:

•  ensure that consumer-relevant data on energy-related products are uploaded and organised in a format easy to access and to use;

•  allow suppliers to compete creatively on the ‘information market’, voluntarily providing enriched, innovative information to consumers;

•  stimulate entrepreneurs to develop innovative applications delivering key value to our citizens, industries, society;

•  cover future developments of related Union legislation;

•  offer better ways to handle workers´ training, educational campaigns, technical promotional material, and so on.

We must guarantee that sensitive data are secured ‘only for authorities’, i.e. feeding conformity assessment, surveillance and safeguard procedures in a way that industry can fully trust and using the best available technologies, just as online banking does.

3.  Keeping the house safe: surveillance, safeguards, conformity assessment

Market surveillance, safeguards and conformity assessment are essential enforcement elements for keeping the house safe, thus contributing to the major goal of recovering trust.

Amended Article 5 about market surveillance and Article 6 about the Union safeguard procedure were restructured in depth, whilst keeping close correspondence with the contents of the Commission’s proposal. The rapporteur wanted to increase the overall assurance of the enforcement procedure, thus helping it to regain the trust of all parties, since the current system of market surveillance is often criticised. Among enhancements added, we find a special customer protection procedure in Article 6(12). Both market surveillance and the safeguard procedure will be much facilitated by the product database. The Commission’s coordinating and facilitating role is also reinforced in the amended proposal.

Obligations of Member States (Article 4) and those of suppliers and dealers (Article 3) are better defined and completed for greater functionality. Article 9 on harmonised standards for conformity assessment and other (of fundamental importance when new products are labelled) has also been amended. All over the Regulation, the network of cross-references among Articles has been intensified, underlying the close systemic connection of its different elements.

4.   From the basement to the roof: other tools for making the Regulation work

As for the remaining articles, the rapporteur's proposals are:

•  Article 2 on Definitions is enriched with six additional definitions, justified by their regular use along the text.

•  A new Article 6A on Software updates covers this possibility, now more and more frequent due to the increasing electronic content of energy-related products.

•  In Article 1 on Subject matter and scope, a solution to the issue of second-hand products is proposed.

•  Article 10 about the Consultation Forum is reinforced and the Commission mandated to listen to them when taking decisions.

•  Established by Article 11, a Working plan encompasses all projects of intervention on the system of delegated acts, and publicly accounts for their development.

•  In Article 16 on Entry into force, the amendment proposes to adapt the entry in force of the requirements to suppliers on the database (Article 3(1)(d)) in coherence with the rest of the amended text.

5.   Legislative footprint

Consultations with stakeholders and citizens have been key for drafting the present report. As the rapporteur pledged when signing the "Transparency International Anti-Corruption Pledge(2)", all such meetings are listed in a specific "Legislative Footprint" on the rapporteur's website(3).

From 20.10.2015 to 20.01.2016(4), the rapporteur held 17 meetings with different stakeholders. Six meetings were held with representatives from other EU institutions and Member States' permanent representations; four with the manufacturing industry; three with civil society representatives (two consumers´ associations, one environmental NGO); two with retailers’ organisations; one with the advertising industries; and one with energy companies' representatives. Additionally, active citizens contributed 67 remarks through the participatory online platform "Sistema Operativo Lex (Movimento 5 Stelle)"(5).

All the proposal’s main aspects were analysed with stakeholders, framed within general discussions about energy efficiency and the Energy Union strategy. Rescaling and market surveillance were the most frequent topics of discussion. The product database, standards and testing procedures and consumers’ information campaign were also debated extensively.

(1)

´Economy´ originally comes from the Greek word oikonomia, based on oikos ‘house’ + nemein ‘manage’ and then meaning ‘household management’, while current senses date back to the XVII century.

(2)

http://www.transparencyinternational.eu/2014/10/european-parliament-elections-2014-the-anti-corruption-pledge/

(3)

http://www.dariotamburrano.it/legislative-footprint-energy-labelling/ - The legislative footprint will be updated throughout the legislative process.

(4)

Date in which the draft report was handed in to the European Parliament services.

(5)

https://sistemaoperativom5s.beppegrillo.it/main.php


OPINION of the Committee on the Environment, Public Health and Food Safety (27.4.2016)

for the Committee on Industry, Research and Energy

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))

Rapporteur: Aldo Patriciello

SHORT JUSTIFICATION

Energy labelling is beneficial to the environment, as it allows customers to compare products in terms of their energy efficiency and to take cost-effective and environmentally conscious purchasing decisions.

The energy labelling system in place has however become untransparent and to some extent meaningless, mainly due to the overpopulation and diversification of the highest energy efficiency classes, which evidently confuses consumers. Also, market surveillance in Member States leaves room for improvement and would benefit from a clearer and simpler product information management and labelling system.

Your Rapporteur therefore welcomes the proposal for a Regulation setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU (COM(2015)341), which aims at more transparency for customers and authorities with regard to energy related products on the EU market.

The Commission proposal replaces the current energy labelling framework and introduces a mechanism for the rescaling of energy efficiency classes. The proposal also provides for a product database and lays out the obligations of the economic operators involved.

Your Rapporteur endorses most of the elements mentioned, but suggests amending several aspects of the proposal, most importantly:

•  Frequency of rescaling

The Commission suggests a periodic ten year review cycle and bases on this its concept for the rescaling and repopulation of all energy efficiency classes. Your Rapporteur thinks that the frequency of rescaling should be solely evidence based and take into account product specific needs. A fixed cycle will not be able to meet the demands of a changing market. Any rescaling is an adaptation to technical and scientific progress, and should be based on a thorough and specific preparatory study carried out by the Commission. All references to a fixed review cycles should be deleted (Rec. 11; Art. 7(3) and (4)).

•  Population of top classes

As an answer to the overpopulation and diversification of class A for many products, the Commission suggests to delete the new classes A+ etc. and to empty the top two product classes A and B completely. Your rapporteur is firmly convinced that emptying the top classes would send the wrong message to customers and possibly have a detrimental ecological effect, as it suggests that no commendable products are available. Understanding the need for a long-term solution, he suggests introducing a percentage limit for energy classes A and B, the exceedance of which would trigger a new rescaling (Rec. 11; Art. 7(3)).

•  Maintenance of the database:

Your Rapporteur wants to emphasise that the database is only a technical tool and cannot replace market surveillance. The generation of product data sheets and upload or input of data sets in an external database can pose a high financial and administrative burden in particular to small and medium sized enterprises. The submission of traditional formats in electronic form to the Commission should be legally viable, on condition that the information is complete and standardised and the supplier can be held responsible for the information in the database. The supplier should be entitled to decide how he wants to submit his data (Rec. 16; Art. 3(1); Art. 8).

•  Affixing or display of the label:

At some points the Commission proposal is unclear with regard to the use of electronic labels instead of a traditional label affixed to the product. The electronic display of labels in shops is a simplification for all involved parties and should therefore be encouraged (Art. 3(2)).

Your Rapporteur also recommends that a definition of 'energy efficiency' aligned with Energy Efficiency Directive 2012/27/EU be added.

Your Rapporteur welcomes that second hand products are excluded from the scope of the proposal.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

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 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 limit greenhouse gas emissions.

Amendment    2

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 mainly maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A harmonised regulatory framework at Union rather than Member State level reduces the costs of manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the internal market. As the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other Union law and policy, it is appropriate to continue to exclude them from the scope of this Regulation. That exclusion includes means of transport in which the motor stays in the same location while it is operated, for example elevators, escalators and conveyor belts.

Amendment    3

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    4

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 benefits the Union economy overall, drives innovation and will contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets and its environmental and climate action objectives. It will also allow consumers to save money by reducing household energy consumption.

Amendment    5

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.

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 'D', 'E', 'F' or 'G', those classes should not be shown on the label.

Justification

Where classes are empty for legal reasons, they should be removed irrespective of the percentage of products falling into the top two classes.

Amendment    6

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 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 the timescale depends on the overpopulation of the two highest scales which reduces consumer choice and the incentives for developing more energy efficient products, 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.

Justification

The main reason to rescale the energy efficiency label consists of the overpopulation of the highest label classes A and B which reduces consumer choice and lowers the incentive to buy energy efficient products. Because the energy efficiency of each product group evolves at a different rate, the suggested 10 years period could be too fast or too slow depending on the product group. In order to ensure the burden of reviewing the label remains reasonable and consumers have enough choice, the top classes A and B should not be emptied, but should have a limited number of products.

Amendment    7

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. Economic operators should be responsible for compliance in relation to their respective roles in the supply chain and should take appropriate measures to ensure that they only make available on the market products which are in conformity with this Regulation and its delegated acts

(13) It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. Economic operators should be responsible for compliance in relation to their respective roles in the supply chain and should take appropriate measures to ensure that they only make available on the market products which are in conformity with this Regulation and its delegated acts. The supervisory authorities should carry out spot checks on the conformity of energy products with the requirements of this Regulation.

Amendment    8

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 Council21 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 Council21 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 the marketing, or withdrawal from the market, of certain products. Such cooperation on energy labelling should be reinforced through support by the Commission.

__________________

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21 OJ L 218, 13.8.2008, p. 30.

21 OJ L 218, 13.8.2008, p. 30.

Amendment    9

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 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 information should be made publicly available, including through the use of apps and other information technology, in order to provide the required information to customers and to allow for alternative ways for dealers to receive labels. Market surveillance authorities should have access to the information in the database.

Amendment    10

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) Energy consumption and other information concerning the products covered by product-specific requirements under this Regulation should be measured in accordance with harmonised standards 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 should reflect, as far as possible, real-life usage conditions in order for consumers to be able to relate and trust the information conveyed by the labels. They should also be clear and robust in order to deter intentional and unintentional circumvention. 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.

Amendment    11

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(19a) The supervisory authorities should check whether products conform with the requirements of this Regulation and, in particular, with harmonised rules for the calculation and measurement of product standards. Those checks should be carried out in such a way so as to reflect real conditions of product use. Design features intended to falsify test results should be specifically prohibited.

Amendment    12

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) 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 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 for consumers and should not lead to any negative impact to consumers.

Justification

"Absolute energy consumption" is unclear and will invite unfocused discussions about product life cycles and ecological footprints, and therefore complicate decision-making enormously.

Amendment    13

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20a) Ecodesign has achieved significant results in improving energy efficiency and the energy consumption of products, and thereby decreasing household energy costs and consumption and reducing greenhouse gas emissions. The list of products covered by this legislation therefore needs to be extended and all resource efficiency characteristics should be included, as soon as possible, in product design requirements, by determining horizontal requirements which relate, inter alia, to the durability of products and the extent to which they can be repaired, reused or recycled.

Amendment    14

Proposal for a regulation

Article 1 – paragraph 1

 

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 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 environmental and performance information concerning energy-related products in order to allow customers to choose more efficient and sustainable products.

Amendment    15

Proposal for a regulation

Article 1 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. This Regulation shall not apply to:

2. This Regulation shall apply to energy related products to be placed on the Union market or put into service in the Union. It shall not apply to:

Justification

A positive scope definition is required.

Amendment    16

Proposal for a regulation

Article 2 –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’ means any good, system or service with an impact on energy consumption during use, which is placed on the market or put into service in the Union, including parts intended to be incorporated into energy-related products which are placed on the market or put into service in the Union as individual parts for customers, and the environmental performance of which can be assessed independently;

Amendment    17

Proposal for a regulation

Article 2 –point 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) ‘Energy consumption’ means the quantity of energy that a product consumes to perform its duty, measured on a cyclical, annual or life-time basis, in a technologically neutral manner, comparable within a product category;

Amendment    18

Proposal for a regulation

Article 2 –point 11 b (new)

Text proposed by the Commission

Amendment

 

(11b) 'Product group' means any energy-related products with the same functionality and, in the case of multipurpose energy-related products, with the same main functionality or the same set of main functionalities;

Amendment    19

Proposal for a regulation

Article 2 –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 classification to show the consumption of energy of a product, in order to allow products comparison;

Justification

For clarity the definition should not set requirements. It is therefore better to have a general definition that does not contradict with other articles of the proposal. The elements describing the label should be listed in Art. 12, where the label is analysed. Suppliers should have the flexibility to be able to make available labels and information sheets in the format that they choose. Electronic and online means are becoming more and more widespread. A future-proof Framework text should consider the possibility for electronic form. Manufacturers use many different marketing routes for products being placed on the market and different means of providing the label needs to be in line with this.

Amendment    20

Proposal for a regulation

Article 2 –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, in printed or electronic form, of information relating to a product;

Justification

Suppliers should have the flexibility to be able to make available labels and information sheets in the format that they choose. Electronic and online means are becoming more and more widespread. A future-proof Framework text should consider the possibility for electronic form. Manufacturers use many different marketing routes for products being placed on the market and different means of providing the label needs to be in line with this.

Amendment    21

Proposal for a regulation

Article 2 –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) ‘Rescale’ means an exercise that changes the correlation between energy efficiency and the class of a label scheme in order to make more stringent the requirements for achieving the energy class of a label for a particular product;

Amendment    22

Proposal for a regulation

Article 2 –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 information on the functional, environmental and resource-efficient performance of an energy-related product, such as its absolute energy consumption, durability, expected lifespan, the extent to which it can be repaired, or its recycled material content, 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;

Amendment    23

Proposal for a regulation

Article 2 –point 20a (new)

 

Text proposed by the Commission

Amendment

 

(20a) ‘Energy efficiency’ means the ratio of output of performance, service, goods or energy, to input of energy.

Amendment    24

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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) they shall ensure that products placed on the market are provided, free of charge, with accurate labels, made available in printed or electronic form, and with product information sheets in accordance with this Regulation and the relevant delegated acts;

Justification

Article 3.1 should clarify how the label and the information sheet need to be delivered. Label should be provided with the product as today but possibly in the future, delegated acts could define electronic solution, provided all stakeholders agree. This is to ensure that the framework is future proof. In current legislation for Product Information Sheets, there is legal uncertainty how to provide them. In contrast to labels, these are unlikely to be language neutral, therefore we propose that they should be made available to the final customer through catalogues or websites or other adequate means. For some product groups, “labels in the box” mislead consumers because the energy class of the product changes according to its combination with components/parts (e.g. air conditioners, heat pumps) and because manufacturers cannot predict what combination retailer shops choose to display or consumers choose to buy through installers. For these kinds of product groups, suppliers should be allowed to deliver labels by other means than ‘in the box’, in order to make sure that dealers and therefore consumers, receive accurate labels in time.

Amendment    25

Proposal for a regulation

Article 3 – paragraph 1 – point aa (new)

Text proposed by the Commission

Amendment

 

(aa) for product groups where the product consists of several parts or components, and the energy efficiency class of the product is a function of such combination, they shall make accurate labels available, free of charge, to dealers at the point of display without prejudice to the supplier’s choice of delivery of labels;

Justification

Article 3.1 should clarify how the label and the information sheet need to be delivered. Label should be provided with the product as today but possibly in the future, delegated acts could define electronic solution, provided all stakeholders agree. This is to ensure that the framework is future proof. In current legislation for Product Information Sheets, there is legal uncertainty how to provide them. In contrast to labels, these are unlikely to be language neutral, therefore we propose that they should be made available to the final customer through catalogues or websites or other adequate means. For some product groups, “labels in the box” mislead consumers because the energy class of the product changes according to its combination with components/parts (e.g. air conditioners, heat pumps) and because manufacturers cannot predict what combination retailer shops choose to display or consumers choose to buy through installers. For these kinds of product groups, suppliers should be allowed to deliver labels by other means than ‘in the box’, in order to make sure that dealers and therefore consumers, receive accurate labels in time.

Amendment    26

Proposal for a regulation

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

(b) they shall deliver labels promptly and free of charge on request from dealers in accordance with the relevant delegated acts which may specify the form of the label (printed or electronic) considering the needs of dealers;

Justification

Article 3.1 should clarify how the label and the information sheet need to be delivered. Label can be requested as today in printed form but in the future, it may prove more practical to use electronic means to be more responsive to dealer’s needs compared to sending printed labels by post. Delegated acts could define an electronic solution, provided dealers agree. This is to ensure that the framework is future proof.

Amendment    27

Proposal for a regulation

Article 3 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) they shall make available, free of charge, the product information sheet (in printed or electronic form) to the dealer without prejudice to the suppliers’ choice of form of the product information sheet, in accordance with the relevant delegated acts;

Justification

Article 3.1(ba) clarifies how the information sheet need to be delivered. In current legislation for Product Information Sheets, there is legal uncertainty how to provide them. In contrast to labels, these are unlikely to be language neutral, therefore we propose that they should be made available to the final customer through catalogues or websites or other adequate means.

Amendment    28

Proposal for a regulation

Article 3 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) they shall not place on the market products designed in a such a way that any of the product performance is automatically altered in test conditions with the objective of reaching a more favourable level for any of the parameters specified in the implementing act or included in any of the documentation provided with the product;

Amendment    29

Proposal for a regulation

Article 3 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(cb) they shall not by means of software updates, manually, remotely, through automatic or required updates, introduce changes that would have the effect of altering performance leading to an increase in the energy consumption during a product life-time, either in the use-phases, or standby modes after the product is in use;

Amendment    30

Proposal for a regulation

Article 3 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(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) they shall, prior to placing units of a product model on the market, enter directly into the product database established in accordance with Article 8 the information detailed in Annex I, or submit that information in a standardised electronic form to the Commission.

Amendment    31

Proposal for a regulation

Article 3 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(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) they shall, display in a visible manner, on the appliance or in its immediate proximity, the label provided by the supplier or otherwise made available for a product covered by a delegated act;

Amendment    32

Proposal for a regulation

Article 3 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) they shall, where they do not have a label or a rescaled label:

(b) they shall, where they do not have a label or a rescaled label, subject to the requirements incumbent on suppliers to provide them with labels promptly and free of charge:

Amendment    33

Proposal for a regulation

Article 3 – paragraph 2 – point b – point ii

 

Text proposed by the Commission

Amendment

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

(ii) print out that label or download it for electronic display from the product database established in accordance with Article 8 if that function is available for that product; or

Justification

The electronic display of labels in shops is a simplification and one of the key features of this legislative measure.

Amendment    34

Proposal for a regulation

Article 3 – paragraph 2 – point b – point iii

Text proposed by the Commission

Amendment

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

(iii) print out that label, or download it for electronic display in a form allowing reuse of the electronic label, from the supplier's website if that function is available for that product.

Amendment    35

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 and of the relevant delegated acts. The market surveillance authorities of each Member State shall ensure, for example by means of random sampling, that products sold on the Union market meet the requirements for the energy class indicated.

Amendment    36

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 incentive for an energy-related product covered by this Regulation and specified in a delegated act, that incentive shall aim at the highest classes of energy efficiency, where products are available, laid down in the applicable delegated act.

Amendment    37

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 its delegated acts, and shall take all measures necessary to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive and compensate for 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    38

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. The Commission may independently test the energy performance of products and verify compliance. The Commission may engage a third party for that purpose.

Amendment    39

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Energy-related products with energy labels shall be subject to spot checks, to be carried out periodically for each product group by the national market surveillance authorities on the basis of harmonised standards, in order to assess their compliance with the requirements of this Regulation and its delegated acts. In addition, the national market surveillance authorities shall, through spot checks, ascertain whether all the energy products referred to in this Regulation are actually registered in the database established pursuant to Article 8.

Amendment    40

Proposal for a regulation

Article 6 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. The Commission shall adopt delegated acts in accordance with Article 13 to lay down rules aiming to harmonise, at Union level, the implementation of tests by the national market surveillance authorities, establishing a timetable and arrangements for conducting the tests. Those tests shall reflect the real conditions of use of the products.

Amendment    41

Proposal for a regulation

Article 6 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c. The design of products with the aim of altering the test results and thus of defrauding the market surveillance authorities shall be expressly prohibited.

Amendment    42

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. Where the market surveillance authorities consider that there has been non-compliance, 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 and upload the information in the product database.

Amendment    43

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 a national measure to be contrary to Union legislation, the Commission shall without delay 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, and may decide on an appropriate alternative measure.

Amendment    44

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

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

 

The labels shall be designed in a way that both the absolute product performance (energy consumption) and the relative performance (energy efficiency taking into account relevant aspects of the product model such as size, volume, and/or amenities) are reflected in the calculation to define the energy class. In addition to the energy class, the energy consumption shall be displayed per cycle, per year, per lifetime or any period of time most relevant to the product category.

 

The addition to the label, or to the product information sheet, of non-energy related elements shall be considered, including but not limited to the following:

 

- noise,

 

- free warranty period offered to the end user and durability,

 

- availability of spare parts, and repair information,

 

- chemical contents (as required by article 33 of REACH ‘right to know’),

 

- ‘smart’ aspects of the product.

 

The label shall include a QR code or any other digital pattern enabling to make best use of internet based technologies.

 

The label shall be technologically neutral, enabling a comparison between all appliances delivering similar services, independent of energy carrier or technology employed. There shall be only one label for functionally equivalent products, and there shall be no exemptions from labelling duties. When comparing different energy carriers for the purpose of the energy label, primary energy should be referred to, based on the Union average of energy conversion efficiency (primary energy factor), to assess the performances and the energy class of the products.

Amendment    45

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, when a label is introduced or rescaled, the requirements are laid down so that no products are expected to fall into energy class A at the moment of the introduction of the label. In exceptional cases, where technology is expected to develop more rapidly, requirements should be laid down so that no products are expected to fall in energy classes A or B at the time of the introduction or rescaling of the label.

Amendment    46

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 launch a review with a view to a rescaling when it considers that:

 

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

 

(b) 45 % of the of the products sold within the Union market fall into energy classes A or B.

Amendment    47

Proposal for a regulation

Article 7 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(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.

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

Amendment    48

Proposal for a regulation

Article 7 – paragraph 5 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the graphics used on the rescaled label shall be visibly different from those used on the old label and the Commission shall ensure that a communication campaign is conducted by the Member States, in accordance with Article 4(4).

Amendment    49

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.

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 rescaled to A-G which shall apply from no later than five years after the entry into force of the relevant delegated act or from … [the date of application of this Regulation], whichever the earlier, in order to limit the co-existence of labels with different scaling, leading to consumer confusion.

Amendment    50

Proposal for a regulation

Article 8 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

Suppliers shall enter the required information directly into the product database or submit that information in a standardised electronic form to the Commission. Suppliers shall verify the product data in the database.

Amendment    51

Proposal for a regulation

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

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.

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. The information listed in point (2) of Annex I shall be made available only to the Commission and the national market surveillance authorities, who shall ensure that it remains confidential.

Amendment    52

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.

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. Compliance shall be checked by a relevant market surveillance authority.

Amendment    53

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall ensure that those harmonised standards have reflected the full range of modes, functionalities, and variables affecting performance of the product.

Amendment    54

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.

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.

Amendment    55

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) the measurement and calculation methods which will simulate real-life conditions of use in order to allow an accurate assessment of the actual energy efficiency of a product, in part by measuring the input of power under real-life testing conditions and determining where relevant, the time needed for a product to deliver a certain output of performance or service;

Amendment    56

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 1 – point g

Text proposed by the Commission

Amendment

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

(g) the content and, where appropriate, the format and other details concerning the technical documentation and product information sheet, including the methodologies and formulas used to establish the information to be provided on the label and the product information sheet, where relevant reflecting geographical variations and the possible need for third-party certification of the declared performances;

Amendment    57

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 1 – point k

Text proposed by the Commission

Amendment

(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 to be used to determine label and product information sheet information on the basis of the actual conditions of use;

Amendment    58

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 1 – point l

Text proposed by the Commission

Amendment

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

(l) the modalities for requiring for larger appliances a higher level of energy efficiency in order to reach a given energy class;

Amendment    59

Proposal for a regulation

Article 14

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… [eight years after the date of entry into force of this Regulation], the Commission shall assess the application of this Regulation and shall submit a report to the European Parliament and to 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 and how this Regulation has contributed to the achievement of greenhouse gas emission reduction targets.

Amendment    60

Proposal for a regulation

Annex I – part 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea) information on the durability of the product, whether it can be repaired or recycled, and whether spare parts for repair purposes are available on the market;

Amendment    61

Proposal for a regulation

Annex I – part 1 – point e b (new)

Text proposed by the Commission

Amendment

 

(eb) supplementary information.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Energy efficiency labelling

References

COM(2015)0341 – C8-0189/2015 – 2015/0149(COD)

Committee responsible

       Date announced in plenary

ITRE

7.9.2015

 

 

 

Opinion by

       Date announced in plenary

ENVI

7.9.2015

Rapporteur

       Date appointed

Aldo Patriciello

25.9.2015

Discussed in committee

17.2.2016

 

 

 

Date adopted

26.4.2016

 

 

 

Result of final vote

+:

–:

0:

63

0

2

Members present for the final vote

Marco Affronte, Margrete Auken, Pilar Ayuso, Zoltán Balczó, Ivo Belet, Simona Bonafè, Biljana Borzan, Lynn Boylan, Soledad Cabezón Ruiz, Nessa Childers, Alberto Cirio, Birgit Collin-Langen, Mireille D’Ornano, Seb Dance, Angélique Delahaye, Jørn Dohrmann, Ian Duncan, Stefan Eck, Bas Eickhout, Eleonora Evi, José Inácio Faria, Francesc Gambús, Elisabetta Gardini, Gerben-Jan Gerbrandy, Jens Gieseke, Julie Girling, Matthias Groote, Françoise Grossetête, Andrzej Grzyb, Anneli Jäätteenmäki, Jean-François Jalkh, Benedek Jávor, Karin Kadenbach, Kateřina Konečná, Giovanni La Via, Peter Liese, Norbert Lins, Susanne Melior, Miroslav Mikolášik, Massimo Paolucci, Gilles Pargneaux, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, Daciana Octavia Sârbu, Davor Škrlec, Renate Sommer, Estefanía Torres Martínez, Nils Torvalds, Jadwiga Wiśniewska, Damiano Zoffoli

Substitutes present for the final vote

Clara Eugenia Aguilera García, Nicola Caputo, Fredrick Federley, Giorgos Grammatikakis, Merja Kyllönen, Gesine Meissner, Marijana Petir, Gabriele Preuß, Jasenko Selimovic, Kay Swinburne, Keith Taylor, Mihai Ţurcanu, Tom Vandenkendelaere

Substitutes under Rule 200(2) present for the final vote

Marie-Christine Boutonnet


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Energy efficiency labelling

References

COM(2015)0341 – C8-0189/2015 – 2015/0149(COD)

Date submitted to Parliament

15.7.2015

 

 

 

Committee responsible

       Date announced in plenary

ITRE

7.9.2015

 

 

 

Committees asked for opinions

       Date announced in plenary

BUDG

7.9.2015

ECON

7.9.2015

ENVI

7.9.2015

IMCO

7.9.2015

 

JURI

7.9.2015

 

 

 

Not delivering opinions

       Date of decision

BUDG

3.9.2015

ECON

10.9.2015

IMCO

22.9.2015

JURI

15.9.2015

Rapporteurs

       Date appointed

Dario Tamburrano

20.10.2015

 

 

 

Discussed in committee

1.12.2015

23.2.2016

7.4.2016

 

Date adopted

14.6.2016

 

 

 

Result of final vote

+:

–:

0:

63

0

0

Members present for the final vote

Zigmantas Balčytis, Nicolas Bay, Bendt Bendtsen, Xabier Benito Ziluaga, José Blanco López, Jerzy Buzek, Edward Czesak, Christian Ehler, Fredrick Federley, Adam Gierek, András Gyürk, Hans-Olaf Henkel, Eva Kaili, Kaja Kallas, Barbara Kappel, Krišjānis Kariņš, Jeppe Kofod, Zdzisław Krasnodębski, Miapetra Kumpula-Natri, Ernest Maragall, Edouard Martin, Angelika Mlinar, Dan Nica, Angelika Niebler, Morten Helveg Petersen, Miroslav Poche, Carolina Punset, Michel Reimon, Herbert Reul, Algirdas Saudargas, Sergei Stanishev, Neoklis Sylikiotis, Dario Tamburrano, Patrizia Toia, Evžen Tošenovský, Claude Turmes, Vladimir Urutchev, Kathleen Van Brempt, Henna Virkkunen, Martina Werner, Lieve Wierinck, Flavio Zanonato

Substitutes present for the final vote

Pascal Arimont, Simona Bonafè, Rosa D’Amato, Cornelia Ernst, João Ferreira, Françoise Grossetête, Carlos Iturgaiz, Benedek Jávor, Svetoslav Hristov Malinov, Vladimír Maňka, Luděk Niedermayer, Markus Pieper, Anneleen Van Bossuyt

Substitutes under Rule 200(2) present for the final vote

Daniela Aiuto, Reimer Böge, Lara Comi, Jakop Dalunde, Eleonora Evi, Jens Gieseke, Arne Lietz, Axel Voss

Date tabled

21.6.2016

Last updated: 22 June 2016Legal notice