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Procedure : 1999/0127(COD)
Document stages in plenary
Document selected : A5-0102/1999

Texts tabled :

A5-0102/1999

Debates :

Votes :

Texts adopted :

P5_TA(2000)0016

Texts adopted
Thursday, 20 January 2000 - Strasbourg
Energy efficiency for ballasts for fluorescent lighting ***I
P5_TA(2000)0016A5-0102/1999
Text
 Resolution

Proposal for a European Parliament and Council directive on Energy Efficiency Requirements for Ballasts for Fluorescent Lighting (COM(1999) 296 - C5-0010/1999 - 1999/0127(COD) )

The proposal was amended as follows:

Text proposed by the Commission1(1)   Amendments by Parliament
(Amendment 1)
Recital 11a (new)
(11a) Whereas the overall aim of this Directive is to move gradually away from the less efficient magnetic ballasts, and towards the more efficient electronic ballasts, which also offer extensive energy saving features, such as dimming, while exceptionally permitting, if necessary, the most efficient magnetic ballasts only for special uses, for example extremely cold conditions, ie the 'B1' ballasts within the classification system of CELMA, the Association of Manufacturers of Luminaires and Components of Luminaires;
(Amendment 2)
Article 1, 2nd paragraph
However ballasts to be exported from the Community either as individual parts or as parts of luminaires shall be excluded.
The following types of ballasts shall be excluded from this Directive :
   - ballasts which are integrated in lamps;
   - non -standardised ballasts designed specifically for luminaires to be mounted in furniture (according to European standard EN 60920, clause 2.1.3);
   - ballasts to be exported from the Community, either as a single component or incorporated into luminaires.
(Amendment 3)
Article 2(1)
   1. Member States shall take all necessary measures to ensure that ballasts covered by this Directive can be placed on the Community market and put into service only if the power consumption of the ballast in question is less than or equal to the maximum allowable power consumption value for its category as calculated according to the procedures defined in Annex I.
   1. Member States shall take all necessary measures to ensure that ballasts covered by this Directive can be placed on the Community market, either as a single component or incorporated into luminaires, and put into service only if the power consumption of the ballast in question is less than or equal to the maximum allowable power consumption value for its category as calculated according to the procedures defined in Annex I, subject however to Article 9
(Amendment 4)
Article 2(2)
   2. The manufacturer of a ballast covered by this Directive, its authorised representative established in the Community or the person responsible for placing the ballast on the Community market, shall be responsible for ensuring that each ballast placed on the market conforms with the requirement referred to in paragraph 1.
   2. The manufacturer of a ballast covered by this Directive, its authorised representative established in the Community or the person responsible for placing the ballast on the Community market, either as a single component or incorporated into luminaires , shall be responsible for ensuring that each ballast placed on the market, either as a single component or incorporated into luminaires, conforms with the requirement referred to in paragraph 1.
(Amendment 5)
Article 3(1)
   1. Member States may not prohibit, restrict or impede the placing on the market or the putting into service in their territory of ballasts which bear the “CE” marking attesting to their conformity with all the provisions of this Directive.
   1. Member States may not prohibit, restrict or impede the placing on the market or the putting into service in their territory of ballasts, either as a single component or incorporated into luminaires, which bear the “CE” marking attesting to their conformity with all the provisions of this Directive.
(Amendment 6)
Article 3(2)
   2. Unless they have evidence to the contrary, Member States shall presume that ballasts bearing the " CE " marking required under Article 5 comply with all the provisions of this Directive.
   2. Unless they have evidence to the contrary, Member States shall presume that ballasts, either as a single component or incorporated into luminaires, bearing the " CE " marking required under Article 5 comply with all the provisions of this Directive.
(Amendment 7)
Article 3(3)(a)
3(a) Where ballasts are subject to other Directives covering other aspects which also provide for affixing of the “CE” marking, the latter shall indicate that the products in question are also presumed, unless evidence to the contrary exists, to confirm to the provisions of those directives.
3(a) Where ballasts, either as a single component or incorporated into luminaires, are subject to other Directives covering other aspects which also provide for affixing of the “CE” marking, the latter shall indicate that the products in question are also presumed, unless evidence to the contrary exists, to confirm to the provisions of those directives.
(Amendment 8)
Article 3(3)(b)
   (b) However, where one or more of these directives allows the manufacturer, during a transitional period, to choose which rules to apply, the " CE " marking shall indicate conformity solely with the provisions of those directives applied by the manufacturer. In this case, the reference numbers of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions accompanying the ballasts .
   (b) However, where one or more of these directives allows the manufacturer, during a transitional period, to choose which rules to apply, the " CE " marking shall indicate conformity solely with the provisions of those directives applied by the manufacturer. In this case, the reference numbers of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions accompanying the products .
(Amendment 9)
Article 3(3)(c)
   (c) When ballasts are exported from the Community either as individual parts or as parts of luminaires this must be clearly indicated by manufacturer, its authorised representative established in the Community or the person responsible for placing the ballasts on the Community market in the documents, notices or instructions accompanying the ballasts.
   (c) When ballasts are to be exported from the Community either as a single component or incorporated into luminaires this must be clearly indicated by manufacturer, its authorised representative established in the Community or the person responsible for placing the ballasts, either as a single component or incorporated into luminaires, on the Community market in the documents, notices or instructions accompanying the ballasts, either as a single component or incorporated into luminaires .
(Amendment 10)
Article 5(1)
   1. When ballasts are placed on the market, they must bear the “CE” marking, which shall consist of the initials “CE”. The form of the marking to be used is shown in Annex III. The “CE” marking shall be affixed visibly, legibly and indelibly to ballasts and, where appropriate, to the packaging.
   1. When ballasts, either as a single component or incorporated into luminaires, are placed on the market, they must bear the “CE” marking, which shall consist of the initials “CE”. The form of the marking to be used is shown in Annex III. The “CE” marking shall be affixed visibly, legibly and indelibly to ballasts and, where appropriate, to the packaging.
(Amendment 11)
Article 5(2)
   2. The affixing on ballasts of any markings which are likely to mislead third parties as to the meaning and form of the “CE” marking shall be prohibited. Any other marking may be affixed to the ballasts, their packaging, the instruction sheet or other documents, provided that the “CE” marking remains clearly visible and legible.
   2. The affixing on ballasts, either as a single component or incorporated into luminaires, of any markings which are likely to mislead third parties as to the meaning and form of the “CE” marking shall be prohibited. Any other marking may be affixed to the ballasts, their packaging, the instruction sheet or other documents, provided that the “CE” marking remains clearly visible and legible.
(Amendment 12)
Article 6
   1. Where a Member State establishes that the “CE” marking has been affixed improperly, the manufacturer or his authorised representative established within the Community shall be obliged to bring the product into conformity and to end the infringement in accordance with the conditions imposed by the Member State. Where neither the manufacturer nor his authorised representative is established within the Community, the person who places the ballasts on the Community market shall undertake these obligations.
   1. Where a Member State establishes that the “CE” marking has been affixed improperly, the manufacturer or his authorised representative established within the Community shall be obliged to bring the product into conformity and to end the infringement, within one month of being notified, in accordance with the conditions imposed by the Member State. Where neither the manufacturer nor his authorised representative is established within the Community, the person who places the ballasts on the Community market either as a single component or incorporated into luminaires shall undertake these obligations.
   2. Where the product continues not to be in conformity, the Member State shall take all necessary measures pursuant to Article 7 to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market.
   2. Where the product continues not to be in conformity for more than one month, the Member State shall take all necessary measures pursuant to Article 7 to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market, subject to penalties if not, to be decided by the Member State.
(Amendment 14)
Article 7(1)
   1. Any decision taken pursuant to this Directive which contains a restriction on the placing on the market of ballasts shall state the precise grounds on which it is based. The party concerned shall be notified without delay of the decision and shall be informed at the same time of the possibilities and time limits regarding the legal remedies available to it under the laws in force in the Member State in question.
   1. Any decision taken pursuant to this Directive which contains a restriction on the placing on the market of ballasts, either as a single component or incorporated into luminaires, shall state the precise grounds on which it is based. The party concerned shall be notified without delay of the decision and shall be informed at the same time of the possibilities and time limits regarding the legal remedies available to it under the laws in force in the Member State in question.
(Amendment 15)
Article 8(1), 2nd subparagraph
Member States shall apply these provisions on the expiration of a period of one year counting from the date of adoption of this Directive.
Member States shall apply these provisions upon expiry of a period of 18 months counting from the date of adoption of this Directive.
(Amendment 16)
Article 8(3)
   3. During a one-year period following adoption of this Directive, Member States shall permit the placing on the market of ballasts which comply with the same conditions as those which were applied on their territory at the date of adoption of this Directive.
   3. During an 18-month period following adoption of this Directive, Member States shall permit the placing on the market of ballasts which comply with the same conditions as those which were applied on their territory at the date of adoption of this Directive.
(Amendment 17)
Article 9(1a) (new) and (2)
1a. Eight years after the adoption of this Directive the third set of maximum allowable power consumption values as defined in Annex IB shall become applicable. The Commission may on request, having obtained appropriate technical advice, permit specific Community-wide exemptions for certain uses of the most energy efficient magnetic ballasts (as per limits for "B1" ballasts in Annex IC) on the basis that electronic ballasts could not perform the function in question efficiently, from a purely technical standpoint.
   2. Before the expiry of a period of four years from the adoption of this Directive, the Commission shall make an assessment of the results obtained as compared with those expected. With a view to advancing to a third stage in energy efficiency improvement, the Commission shall then consider, in consultation with the interested parties, the need to lay down a third set of maximum allowed power consumption levels for significantly improving the energy efficiency of ballasts. In this case, the power consumption and the date of its entry into force will be based on levels which can be economically and technically justified in the light of the circumstances at the time. Any other measure judged appropriate to improve energy efficiency of ballast shall also be considered.
   2. Before the expiry of a period of six years from the adoption of this Directive, the Commission shall make an assessment of the results obtained as compared with those expected. This will include an assessment of the necessity for the exemption provided for in the preceding paragraph, and could, based on the state of electronic ballast technology at that time, seek to remove that exemption clause. Any other measure judged appropriate to improve the energy efficiency of ballasts shall also be considered.
(Amendment 18)
Article 9(2a) (new)
2a. The Commission shall also assess the share of Community production of ballasts exported outside the Community either as a single component or incorporated into luminaires. The Commission shall further assess the possibility of applying to it the flexibility mechanism defined under the Kyoto Protocol . The Commission shall promote in the appropriate international fora international standards based on the principles of this Directive.
(Amendment 19)
Annex IB (new)
ANNEX I B The third set of maximum allowable power consumption which becomes applicable eight years from the adoption.

Ballast Category

Lamp Power

Maximum Allowable Power Consumption

50 Hz

HF

1

15 W
18 W
30 W
36 W
38 W
58 W
70 W

   13.5
W
16 W
24 W
32 W
32 W
50 W
60 W

< 18 W
< 21 W
< 33 W
< 38 W
< 40 W
< 59 W
< 72 W

2

18 W
24 W
36 W

16 W
22 W
32 W
40 W
55 W

< 21 W
< 27 W
< 38 W
< 46 W
< 63 W

3

18 W
24 W
36 W

16 W
22 W
32 W

< 21 W
< 27 W
< 38 W

4

10 W
13 W
18 W
26 W

   9.5
W
   12.5
W
   16.5
W
24 W

< 13 W
< 16 W
< 21 W
< 29 W

5

18 W
26 W

16 W
24 W
32 W
42 W

< 21 W
< 29 W
< 39 W
< 49 W

6

10 W
16 W
21 W
28 W
38 W

9 W
14 W
19 W
25 W
34 W
55 W

< 13 W
< 19 W
< 24 W
< 31 W
< 40 W
< 63 W

(Amendment 20)
Annex IC (new)
ANNEX I C The fourth set of maximum allowable power consumption which may be applicable in exceptional technical, and fully justified, circumstances eight years from the adoption.

Ballast
Category

Lamp Power

Maximum Allowable
Power Consumption

50 Hz

HF

1

15 W
18 W
30 W
36 W
38 W
58 W
70 W

   13.5
W
16 W
24 W
32 W
32 W
50 W
60 W

< 21 W
< 24 W
< 36 W
< 41 W
< 43 W
< 64 W
< 77 W

2

18 W
24 W
36 W

16 W
22 W
32 W

< 24 W
< 30 W
< 41 W

3

18 W
24 W
36 W

16 W
22 W
32 W

< 24 W
< 30 W
< 41 W

4

10 W
13 W
18 W
26 W

   9.5
W
   12.5
W
   16.5
W
24 W

< 14 W
< 17 W
< 24 W
< 32 W

5

18 W
26 W

16 W
24 W

< 24 W
< 32 W

6

10 W
16 W
21 W
28 W
38 W

9 W
14 W
19 W
25 W
34 W

< 14 W
< 21 W
< 27 W
< 34 W
< 43 W

(1)1OJ C 274 E, 28.9.1999, p. 10.


European Parliament legislative resolution on the proposal for a European Parliament and Council directive on energy efficiency requirements for ballasts for fluorescent lighting (COM(1999) 296 - C5-0010/1999 - 1999/0127 (COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(1999) 296 )1(1) ,

-  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0010/1999 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0102/1999 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text;

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

(1)1 OJ C 274 E, 28.9.1999, p. 10.

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