REPORT on the proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (recast)

19.3.2009 - (COM(2008)0778 – C6‑0412/2008 – 2008/0222(COD)) - ***I

Committee on Industry, Research and Energy
Rapporteur: Anni Podimata
(Recast – Rule 80a of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (recast)

(COM(2008)0778 – C6‑0412/2008 – 2008/0222(COD))

(Codecision procedure – recast)

The European Parliament,

–    having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0778),

–    having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0412/2008),

–    having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[1],

–    having regard to the letter of 11 March 2009 from the Committee on Legal Affairs to the Committee on Industry, Research and Energy in accordance with Rule 80a(3) of its Rules of Procedure,

–    having regard to Rules 80 a and 51 of its Rules of Procedure,

–    having regard to the report of the Committee on Industry, Research and Energy (A6‑0146/2009),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

1.   Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission as amended below;

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

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

Amendment  1 Proposal for a directive Recital 2
Text proposed by the Commission	Amendment
(2) The scope of Council Directive 92/75/EEC is restricted to household appliances; the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan has shown that the extension of the scope of the Directive to energy-related products which have an impact on energy consumption during use, could reinforce potential synergies between existing legislative measures, and in particular with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, and bring additional energy savings and environmental gains.	(2) The scope of Council Directive 92/75/EEC is restricted to household appliances; the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan has shown that the extension of the scope of the Directive to energy-related products, including construction products, which have a significant direct or indirect impact on energy consumption during use, could reinforce potential synergies between existing legislative measures, and in particular with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council. This Directive should complement and in no way prejudice the application of Directive 2005/32/EC. By targeting through a holistic approach and bringing about additional energy savings and environmental gains, this Directive should be seen as part of an even broader legal framework, which includes Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme1 and Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings2.
	1 OJ L 237, 21.9.2000, p. 1. 2 OJ L 1, 4.1.2003, p. 65.
Justification
It is important to stress that this Directive is part of a much broader EU energy efficiency policy that aims to achieve tangible results as the 20% target by 2020.
Amendment  2 Proposal for a directive Recital 2 a (new)
Text proposed by the Commission	Amendment
	(2a) The Presidency conclusions of the European Council of 8 and 9 March 2007 emphasised the need to increase energy efficiency in the Community so as to achieve the objective of saving 20 % of the Community's energy consumption by 2020 and called for a thorough and rapid implementation of the key areas identified in the Commission Communication of 19 October 2006 entitled Action Plan for Energy Efficiency: Realising the Potential. The action plan highlighted the enormous energy savings opportunities in the products sector.
Justification
This new paragraph would help put the Implementing Measures that are going to follow this Directive in the right context. It also emphasises the need to work rapidly towards a more energy efficient EU.
Amendment  3 Proposal for a directive Recital 2 b (new)
Text proposed by the Commission	Amendment
	(2b) In order to promote energy efficiency and energy savings, it is, furthermore, essential that the EU and Member States make legally binding the 2020 energy saving target of 20%, and propose and implement consistent measures to secure its achievement.
Justification
This Directive is part of a broader EU energy efficiency policy which should concretise through the adoption of a binding EU energy saving target of 20% by 2020.
Amendment  4 Proposal for a directive Recital 3
Text proposed by the Commission	Amendment
(3) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products may influence the end-user's choice in favour of those products which consume or indirectly result in consuming less energy and other essential resources during use , thus prompting manufacturers to take steps to reduce the consumption of energy and other essential resources of the products which they manufacture; it should also, indirectly, encourage the efficient use of these products. In the absence of this information, the operation of market forces alone will fail to promote the rational use of energy and other essential resources for these products.	(3) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products should influence the end-user’s choice in favour of those products which consume or indirectly result in consuming less energy and other essential resources during use, thus prompting manufacturers to take steps to reduce the consumption of the energy and other essential resources of the products which they manufacture; it should also, indirectly, encourage the efficient use of these products in order to contribute to the EU´s 20% energy efficiency target. In the absence of this information, the operation of market forces alone will fail to promote the rational use of energy and other essential resources for these products.
Justification
The purpose of this Directive is to influence the manufacturer to provide efficient products to the market and offer the end-users with the necessary information to benchmark their energy use.
Amendment  5 Proposal for a directive Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) Given that buildings account for 40 % of the energy used in the EU and that the revision of Directive 2002/91/EC aims at promoting cost-effective improvement of the overall energy performance of buildings, the inclusion in this context of certain energy-related construction products within the scope of this Directive should assist private households in choosing the most energy- and cost-efficient product when renovating their buildings.
Justification
In order to cut the emissions the energy performance of buildings directive (2002/91/EC) is currently under recast. It is welcomed that certain construction products (e.g. windows) will fall within the scope of this Directive, since this will provide for an easily understandable energy labelling scheme for such products allowing private households to choose the most energy- and cost-efficient product for renovation. To make it absolutely clear that some construction products will be covered by this directive, the reference to such products as a group shall be made explicitly.
Amendment  6 Proposal for a directive Recital 3 b (new)
Text proposed by the Commission	Amendment
	(3b) In order to ensure predictability for manufacturers and clarity for end-users, the Commission should update the list of construction products that fall within the scope of this Directive, and which consequently will be included in Member States´ implementation measures.
Justification
It is not completely obvious which construction products will be covered by the scope of this directive (i.e. energy-related products, e.g. windows). Therefore, an assessment by the Commission on which construction products that can be deemed to fall within this definition is needed in order to maintain legal certainty.
Amendment  7 Proposal for a directive Recital 4
Text proposed by the Commission	Amendment
(4) Information plays a key role in the operation of market forces and it is therefore necessary to introduce a uniform label for all  products  of the same type, to provide potential purchasers with supplementary standardized information on those  products'  costs in terms of energy and the consumption of other  essential  resources and to take measures to ensure that potential  end-users  who do not see the  product  displayed, and thus have no opportunity to see the label, are also supplied with this information ; in order to be efficient and successful, the label should be easily recognisable to end-users, simple and concise. To this end the energy consumption of and other information concerning the products should be measured in accordance with harmonized standards and methods.	(4) Information plays a key role in the operation of market forces and it is therefore necessary to introduce a uniform label for all products of the same type, to provide potential purchasers with supplementary standardized information on those products' costs in terms of energy and the consumption of other essential resources and to take measures to ensure that potential end-users who do not see the product displayed, and thus have no opportunity to see the label, are also supplied with this information ; in order to be efficient and successful, the label should be easily recognisable to end-users, simple and concise. To this end the existing layout of the label needs to be retained as the basis to inform end-users about the energy efficiency of products. Energy consumption of and other information concerning the products should be measured in accordance with harmonized standards and methods.
Justification
While recognising that it is crucial to allow the label to be up-to-date with current technological developments, it is equally important to guarantee the success of the extension of the Directive by providing end-users with a familiar format that will allow them to make the best choice easily and fast. This possibility acts as an extra motivation since the choice does not involve lengthy and complicated market research.
Amendment  8 Proposal for a directive Recital 5
Text proposed by the Commission	Amendment
(5) Member States should monitor compliance with this Directive with special regard to the responsibilities of suppliers and dealers.	(5) Member States should regularly monitor compliance with this Directive, and include the relevant information in the biennial report that they are obliged to submit to the Commission under this Directive, with special regard to the responsibilities of suppliers and dealers.
Justification
The rapid advancements of technology dictate that the M-S have to control the products included in this Directive on a regular basis, so as to ensure that the end-users receive accurate information.
Amendment  9 Proposal for a directive Recital 6
Text proposed by the Commission	Amendment
(6) A completely voluntary scheme would lead to only some products being labelled, or supplied with standard product information, with the risk that this might result in confusion for some  end-users  . The present scheme should therefore ensure that for all the  products  concerned, the consumption  of energy   and other essential resources  is indicated by labelling and standard product fiches .	(6) A completely voluntary scheme would lead to only some products being labelled, or supplied with standard product information, with the risk that this might result in confusion or even misinformation for some end-users. The present scheme should therefore ensure that for all the products concerned, the consumption of energy and other essential resources is indicated by mandatory labelling and standard product fiches.
Justification
If the EU wishes to retain its leading role on the efforts to mitigate climate change effects, it is imperative that initiatives like this one become obligatory, so as to achieve the best possible results in a limited timeframe.
Amendment  10 Proposal for a directive Recital 7
Text proposed by the Commission	Amendment
(7) Energy-related products have an impact on the consumption of a wide variety of forms of energy during use, electricity and gas being the most important. This Directive should therefore cover energy-related products having an impact on the consumption of any form of energy.	(7) Energy-related products have a direct or indirect impact on the consumption of a wide variety of forms of energy during use, electricity and gas being the most important. This Directive should therefore cover energy-related products having a direct or indirect impact on the consumption of any form of energy during use, in accordance with the EU's targets for energy efficiency improvements, the promotion of renewable energy sources (RES) and the reduction of greenhouse gas (GHG) emissions.
Justification
The European target of "20/20/20 by 2020", which foresees emissions cuts of 20% over 1990 levels allied to a 20% gain in energy efficiency and 20% of energy delivered from renewables by 2020, must be kept in mind as the corner bone of the Recast Directive.
Amendment  11 Proposal for a directive Recital 8
Text proposed by the Commission	Amendment
(8) Only energy-related products which have a significant impact on consumption of energy or, where relevant, of essential resources during use and which afford adequate scope for increased efficiency should be covered by an implementing measure, when provision of information through labelling may stimulate end-users to purchase more efficient products.	(8) Energy-related products which have a significant direct or indirect impact on consumption of energy or, where relevant, of essential resources during use should be covered by an implementing measure, when provision of information through labelling may stimulate end-users to purchase more efficient products.
Justification
The term ‘significant’ is too vague and in order to be more accurate we have to refer both to products that actually consume energy (direct impact) and those that do not consume energy themselves, nevertheless can contribute greatly to energy savings (indirect impact). In the same context it is risky to refer to products that ‘afford adequate scope for increased efficiency’, as it is not clear who decides and in what way about this.
Amendment  12 Proposal for a directive Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) Given that buildings account for 40% of EU energy consumption and that, in the context of its commitments in the Kyoto Protocol, the EU has set a target of improving its energy efficiency by 20% by the year 2020, it is essential to prioritise development of implementing measures for construction products, such as windows.
Justification
The EU target of improving energy efficiency by 20% by 2020 can be reached if the renovation of buildings is increased, as they account for 40% of the EU’s energy use. Private consumers often take on the renovation of their households and therefore a simple and understandable energy labelling scheme for construction products should be developed as a matter of priority.
Amendment  13 Proposal for a directive Recital 9
Text proposed by the Commission	Amendment
(9) A number of Member States have public procurement policies in place which require contracting authorities to procure energy efficient products. A number of Member States also have put in place incentives for energy efficient products. The criteria for products to be eligible for public procurement or incentives can substantially differ from one Member State to the other. To refer to performance classes as levels for particular products as set out in implementing measures to the Directive, may reduce fragmentation of public procurement and incentives and facilitate the uptake of efficient products;	(9) The number of Member States having public procurement policies in place which require contracting authorities to procure energy efficient products, should continually be increased until the goal of covering the entire territory of the European Union territory is achieved. The same should apply to the number of Member States that have in place incentives for energy efficient products. In order to avoid distortion of the market, and although the criteria for products to be eligible for public procurement or incentives can substantially differ from one Member State to the other, they should comply with the strategic targets of the European Union regarding energy efficiency. To refer to performance classes as levels for particular products as set out in implementing measures to the Directive, may reduce fragmentation of public procurement and incentives and facilitate the uptake of efficient products;
Justification
As energy efficiency forms one of the main parts of the European Union´s "20-20-20" target, it becomes imperative for all Member-States to participate in this effort.
Amendment  14 Proposal for a directive Recital 11
Text proposed by the Commission	Amendment
(11) Incentives which Member States may provide for the promotion of efficient products might constitute state aid. This Directive does not prejudice the outcome of any future state aid procedure that may be undertaken in accordance with Articles 87 and 88 of the Treaty in their respect;	(11) Incentives which Member States may provide for the promotion of efficient products might constitute state aid. This Directive does not prejudice the outcome of any future state aid procedure that may be undertaken in accordance with Articles 87 and 88 of the Treaty in their respect. However, State aid for environmental protection, and in particular for energy savings, that serves a common European interest is subject to exemptions pursuant to different Community instruments and under the conditions prescribed therein1;;
	1OJ C 82, 1.4.2008, p. 1.
Justification
The support by the state of energy efficiency does not lead to the distortion of the market, as energy efficiency is of the common European interest.
Amendment  15 Proposal for a directive Recital 12 a (new)
Text proposed by the Commission	Amendment
	(12a) The provisions of this Directive concerning the content of advertisements should only be considered as an extraordinary measure. These provisions should therefore not restrict advertising in any other way under any other Community legislation.
Justification
Linked to Article 4 point 2a (new). It is essential that advertisement is not restricted more than absolutely needed. It is very easy to start a ‘snowball-effect’ when provisions are laid down in a field such as advertisement. Therefore, it is crucial to point out that the fact that provisions concerning advertisement, deemed relevant from an end-user point of view in the context of this Directive, do not justify other regulations on advertisement in other legal acts.
Amendment  16 Proposal for a directive Recital 14
Text proposed by the Commission	Amendment
(14) Power should be conferred on the Commission to adopt implementing measures in respect of labelling and standard product information of the consumption of energy and other essential resources by energy-related products. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC;	(14) The Commission should be empowered to adopt implementing measures in respect of labelling and standard product information of the consumption of energy and other essential resources by energy-related products during use. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The Commission should, every two years, submit to the European Parliament a report, covering the EU and each Member State separately, containing detailed information on the adoption of the implementing measures, as well as standard product information.
Justification
The European Parliament need to be informed of the strategic choices and the procedure that the Commission chooses to follow, in order to fulfil its institutional role. This report will also provide the Member-States with objective information, which they can use to benchmark their performance.
Amendment  17 Proposal for a directive Recital 15 a (new)
Text proposed by the Commission	Amendment
	(15a) When Member States implement the relevant provisions of this Directive, they should strive to refrain from measures that could impose unnecessarily bureaucratic and unwieldy obligations on small and medium-sized enterprises (SMEs), and, to the extent feasible, take into consideration the special needs and financial and administrative limits of SMEs.
Justification
SMEs do not have the same financial and administrative recourses as their larger counterparts. Moreover, SMEs are especially sensitive to bureaucratic and unwieldy systems. It is therefore important to stress the importance in the Member States taking the SMEs vulnerable situation into consideration when implementing the provisions laid down in this Directive.
Amendment  18 Proposal for a directive Article 1 – paragraph 1
Text proposed by the Commission	Amendment
1. This Directive establishes a framework for the harmonization of national measures on end-user information, particularly by means of labelling and of product information, on the consumption of energy and of other essential resources, and supplementary information concerning energy-related products, thereby allowing end-users to choose more efficient products.	1. This Directive establishes a framework for the harmonization of national measures on end-user information, particularly by means of labelling and of product information, on the consumption of energy and of other essential resources during use, and supplementary information concerning energy-related products, thereby allowing end-users to choose more efficient products.
Justification
It should be clear that this Directive shall apply to energy-related products which have a significant impact on the consumption of energy and, where relevant, on other essential resources during use.
Amendment  19 Proposal for a directive Article 1 – paragraph 2
Text proposed by the Commission	Amendment
2. This Directive shall apply to energy-related products which have a significant impact on the consumption of energy and, where relevant, on other essential resources during use.	2. This Directive shall apply to energy-related products, including construction products, which have a significant direct or indirect impact on the consumption of energy and, where relevant, other essential resources during use.
Justification
The term ‘significant’ is too vague and in order to be more accurate we have to refer both to products that actually consume energy (direct impact) and those that do not consume energy themselves, nevertheless can contribute greatly to energy savings (indirect impact).
Amendment  20 Proposal for a directive Article 2 – indent 1 a (new)
Text proposed by the Commission	Amendment
	- construction product: an energy-related product used in the construction or renovation of buildings;
Justification
This indent aims to clarify the definition of construction products by referring to the list in Annex Ia that the Commission shall update in accordance with Article 1 paragraph 3 (new) of this Directive.
Amendment              21 Proposal for a directive Article 2 – indent 4
Text proposed by the Commission	Amendment
- "supplementary information" means other information concerning the performance  and features  of  a product , which relate  to, or  are  helpful in evaluating, its use of energy or other essential resources;	- "supplementary information" means other information concerning the performance and features of a product, which relate to, or are helpful in evaluating, its use of energy per unit time or other essential resources, based on measurable data including that relating to its manufacture or any other significant environmental aspect thereof;
Justification
End-users need to have all the relevant information that will assist them in deciding which product to use. As their criteria differ (not everyone decides according to financial criteria) it is important to provide them with complete information. This information also acts as an educational means for end-users to become more familiar with the impact of their choices on the environment.
Amendment  22 Proposal for a directive Article 2 – indent 5 a (new)
Text proposed by the Commission	Amendment
	- ‘direct impact’ means the impact of products that actually consume energy;
Amendment  23 Proposal for a directive Article 2 – indent 5 b (new)
Text proposed by the Commission	Amendment
	- ‘indirect impact’ means the impact of products that do not consume energy, but contribute to energy savings whereby the evaluation of the performance of these products shall be based on objective and independent parameters that do not present a climatic variation;
Amendment  24 Proposal for a directive Article 2 – indent 7 a (new)
Text proposed by the Commission	Amendment
	- "end-user" means the legal or natural person who uses a product for professional or personal purposes. This person is the ultimate consumer of a product, and in particular the person for whom the product has been designed, and may differ from the person who purchases the product. This definition covers private consumers and groups of consumers. When purchasing energy-related products, public authorities shall also be regarded as "end-users" for the purposes of this Directive;
Amendment  25 Proposal for a directive Article 3 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) with respect to products covered by this Directive, the display of other labels, marks, symbols or inscriptions which do not comply with the requirements of this Directive and of the relevant implementing measures is prohibited, if such display is likely to mislead or confuse end-users with respect to the consumption of energy or, where relevant, other essential resources;	(b) with respect to products covered by this Directive, the display of other labels, marks, symbols or inscriptions which do not comply with the requirements of this Directive and of the relevant implementing measures is prohibited, if such display is likely to mislead or confuse end-users with respect to the consumption of energy or, where relevant, other essential resources during use;
Justification
It should be clear that this Directive shall apply to energy-related products which have a significant impact on the consumption of energy and, where relevant, on other essential resources during use.
Amendment  26 Proposal for a directive Article 3 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) the introduction of the system of labels and fiches concerning energy consumption  or conservation  is accompanied by educational and promotional information campaigns aimed at encouraging more responsible use of energy by  end-users ;	(c) the introduction of the system of labels and fiches concerning energy consumption or conservation shall be accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by end-users;
Justification
The educational function of the label scheme is extremely important and hopefully will help towards forming a more energy-responsible behaviour in general.
Amendment  27 Proposal for a directive Article 3 – paragraph 1 – point d – paragraph 1
Text proposed by the Commission	Amendment
(d) appropriate measures are taken in order to encourage the authorities responsible for implementing this Directive to co-operate with each other and provide each other with information in order to assist the functioning of this Directive.	(d) appropriate measures are taken in order to encourage the EU and national authorities responsible for implementing this Directive to co-operate with each other and provide each other with information in order to assist the functioning of this Directive.
Justification
The coordination between the EU bodies and the M-S is essential for the success of the Directive.
Amendment  28 Proposal for a directive Article 3 – paragraph 2
Text proposed by the Commission	Amendment
2. Where a Member State ascertains that a product does not comply with all the relevant requirements set out in this Directive and its implementing measures for the label and the fiche, the supplier shall be obliged to make the product compliant with those requirements under the conditions imposed by the Member State.	2. Where a Member State ascertains that a product does not comply with all the relevant requirements set out in this Directive and its implementing measures for the label and the fiche, the supplier shall be obliged to make the product compliant with those requirements under effective and proportionate conditions imposed by the Member States. With regard to the products which have already been purchased, consumers shall have the rights already prescribed in Community and national legislation on consumer protection, including compensation or exchange of the product.
Where there is sufficient evidence that a product may be non-compliant, the Member State concerned shall take the necessary preventive measures.	Where there is sufficient evidence that a product may be non-compliant, the Member State concerned shall within a specific timeframe, take the necessary preventive measures to ensure compliance with the requirements of this Directive, taking into account any damage caused by the non-compliance.
Where non-compliance continues, the Member State shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the product in question or ensuring that it is withdrawn from the market. In cases of withdrawal of the product from the market or prohibition to place the product on the market, the Commission and the other Member States shall be immediately informed.	In case of persistent non-compliance, the Member State shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the product in question or ensuring that it is withdrawn from the market. In cases of restriction, withdrawal of the product from the market or prohibition to place the product on the market, the Commission and the other Member States shall be immediately informed.
Justification
The terms ‘recall’, meaning any measure aimed at achieving the return of a product that has already been supplied or made available to consumers and ‘withdrawal’, meaning any measure aimed at preventing the distribution, display and offer of a product to the consumer, have been defined in the General Product Safety Directive (2001/95/EC). The provisions on market surveillance need to be reinforced in order to ensure proper enforcement of this Directive. Member States must be required to take action against non-compliant suppliers and dealers as soon as this non-compliance is observed.
Amendment  29 Proposal for a directive Article 3 – paragraph 3
Text proposed by the Commission	Amendment
3. Every two years, the Member States shall submit a report to the Commission detailing their enforcement activities and the level of compliance in their territory.	3. Every two years, the Member States shall submit a report to the Commission detailing their enforcement activities and the level of compliance in their territory. The Member States shall ensure that these reports are available to the public.
The Commission may specify the details of the common content of these reports. Such measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).	The Commission may specify the details of the common content of these reports, through the setting of minimum requirements for a harmonised template. Such measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).
Justification
The drafting and publication of compliance reports serves as a way to exchange best practices between Member States and also for them to benchmark their performance.
Amendment  30 Proposal for a directive Article 4 – point 1
Text proposed by the Commission	Amendment
(1) information relating to the consumption of electric energy, other forms of energy and other essential resources, and supplementary information is , in accordance with implementing measures pursuant to this Directive, brought to the attention of end-users by means of a fiche and a label related to products offered for sale, hire, hire-purchase or displayed to end-users directly or indirectly by any means of distance selling including the internet;	(1) information relating to the consumption of electric energy, other forms of energy and other essential resources during use, and supplementary information is, in accordance with implementing measures pursuant to this Directive, brought to the attention of end-users by means of a fiche and a label related to products offered for sale, hire, hire-purchase or displayed to end-users directly or indirectly by any means of distance selling including the internet;
Justification
It should be clear that this Directive shall apply to energy-related products which have a significant impact on the consumption of energy and, where relevant, on other essential resources during use.
Amendment  31 Proposal for a directive Article 4 – point 2
Text proposed by the Commission	Amendment
(2) the information referred to in paragraph 1 shall be provided in respect of built-in or installed products only where required by the applicable implementing measure;	(2) the information referred to in paragraph 1 shall be provided in respect of built-in or installed products where required by the applicable implementing measure;
Amendment  32 Proposal for a directive Article 4 – point 2 a (new)
Text proposed by the Commission	Amendment
	(2a) any advertisement for a specific model of energy related products covered by an implementing measure under this Directive, where technical specifications are disclosed, shall provide end-users with the necessary information regarding energy consumption or energy savings or include a reference to the energy class of the product;
Justification
Advertisement plays a pivotal role in the decision of the end-users regarding the purchase/use of a specific product. Therefore, it becomes essential to provide to them the same energy-related information that they will find accompanying the product. It is noteworthy that similar actions have been endorsed in other groups of products (e.g. the car advertisements display the specific model’s carbon emissions).
Amendment  33 Proposal for a directive Article 4 – point 2 b (new)
Text proposed by the Commission	Amendment
	(2b) any technical promotional literature concerning energy-related products which describes the specific technical parameters of a product, namely, technical manuals and manufacturers’ brochures, whether printed or online, shall provide end users with the necessary information regarding energy consumption or shall include a reference to the energy label of the product;
Justification
This additional information shall enhance the informed choice of the consumer before the purchase of the respective good.
Amendment  34 Proposal for a directive Article 5 – point 3 – paragraph 2
Text proposed by the Commission	Amendment
Suppliers make available an electronic version of the technical documentation on request to the market surveillance authorities of the Member States and to the Commission.	Suppliers make available an electronic version of the technical documentation on request to the market surveillance authorities of the Member States and/or to the Commission, within 30 calendar days at the latest.
Justification
Imposing a specific timeframe helps the labelling scheme to function more effectively.
Amendment  35 Proposal for a directive Article 5 – point 5
Text proposed by the Commission	Amendment
(5) in addition to the labels, suppliers provide a product fiche with each product.	(5) in addition to the labels, suppliers provide a product fiche.
Justification
Providing a product fiche with each product may create too much waste. It should also be allowed to deliver one product fiche for delivery of multiple products of the same type. Also 1 product brochure may include information of several product fiches for different product types.
Amendment  36 Proposal for a directive Article 6 – point 1
Text proposed by the Commission	Amendment
(1) dealers display labels properly and make the fiche available in the product brochure or other literature that accompanies products when sold to end-users.	(1) dealers display labels properly, in a visible and legible manner, and make the fiche available in the product brochure or other literature that accompanies products when sold to end-users.
Justification
It is important to ensure that labels are displayed in a manner that makes it easy for end-users to see and read it.
Amendment  37 Proposal for a directive Article 7
Text proposed by the Commission	Amendment
Where  products  are offered for sale, hire or hire-purchase by mail order, by catalogue,  via internet  or by  any  other means which imply that the potential  end-user  cannot be expected to see the  product  displayed, implementing  measures  shall make provision to ensure that potential  end-users  are provided with the information specified  on  the label  and in  the fiche before buying  the product .	Where products are offered for sale, hire or hire-purchase by mail order, by catalogue, via internet, via telemarketing or by any other means which imply that the potential end-user cannot be expected to see the product displayed, implementing measures shall make provision to ensure that potential end-users are provided with the information specified on the label and in the fiche before buying the product. In cases of distance selling, implementing measures shall specify the way that the label and the fiche shall be displayed.
Justification
As new forms of distance selling are developed all the time, a certain degree of flexibility needs to be given to the implementing measures in order to cover all possibilities. The essence though remains: any end-user should benefit from the energy label, regardless of the method of acquisition (for purchase, rental, use, etc) of a product.
Amendment  38 Proposal for a directive Article 8 – 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 products which are covered by and comply with the applicable implementing measure.	1. Member States shall not prohibit, restrict or impede the placing on the market or putting into service, within their territories of products which are covered by and fully comply with this Directive and the applicable implementing measures.
Justification
In order to be satisfied with the presumption of compliance it is necessary to ensure that member states are actually fulfilling their surveillance role.
Amendment  39 Proposal for a directive Article 8 – paragraph 2
Text proposed by the Commission	Amendment
2. Unless they have evidence to the contrary, Member States shall consider labels and fiches to comply with the provisions of this Directive and the implementing measures. Member States shall require suppliers to provide evidence within the meaning of Article 5 concerning the accuracy of the information supplied on their labels or fiches when they have reason to suspect it is incorrect.	2. Provided that Member States monitor the market regularly and unless they have evidence to the contrary, they shall consider labels and fiches to comply with the provisions of this Directive and the implementing measures. Member States shall require suppliers to provide evidence within the meaning of Article 5 concerning the accuracy of the information supplied on their labels or fiches when they have reason to suspect it is incorrect.
Justification
In order to be satisfied with the presumption of compliance it is necessary to ensure that member states are actually fulfilling their surveillance role.
Amendment  40 Proposal for a directive Article 9 – paragraph 1
Text proposed by the Commission	Amendment
1. Contracting authorities which conclude public supply, works or services contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council, which are not excluded by virtue of Articles 12 to 18 of that Directive, shall not procure products which do not meet the minimum performance levels laid down in the applicable implementing measure.	1. Contracting authorities which conclude public supply, works or services contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council, which are not excluded by virtue of Articles 12 to 18 of that Directive, shall not procure products which do not meet the minimum performance levels laid down in the applicable implementing measure, and aiming at the highest class of efficiency, which do not meet the criteria, as set out in point 2 of Article 9.
Justification
This Article takes fully into account the need for every Member-State to procure according to its own needs and financial situation. At the same time, it would ‘cancel’ the effectiveness of this Directive if public authorities, who are massive buyers/users and have the ability to influence certain markets, were not to have a minimum common obligatory threshold for their purchases. The common threshold will also help significantly the suppliers to plan their production.
Amendment  41 Proposal for a directive Article 9 – paragraph 2 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) the potential for energy savings,
Justification
The energy savings should be included in the above mentioned criteria, as they have a key role in the current Directive.
Amendment  42 Proposal for a directive Article 9 – paragraph 2 – point b b (new)
Text proposed by the Commission	Amendment
	(bb) the promotion of innovation, in accordance with the Lisbon Strategy Agenda,
Justification
The promotion of innovation of products should be included in the above mentioned criteria, as they have a key role in the current Directive.
Amendment  43 Proposal for a directive Article 9 – paragraph 5
Text proposed by the Commission	Amendment
5. When Member States publicly procure or provide incentives for products, they shall express the performance levels in terms of classes as defined in the applicable implementing measure.	5. When Member States publicly procure or provide incentives for products, they shall express the performance levels in terms of classes as defined in the applicable implementing measure.
	Incentives may, inter alia, include tax credits, both for end-users using highly energy-efficient products and for industries who promote and produce such products, and reduced value added tax on materials and components, which improve energy efficiency. The incentives provided by Member States shall be effective and efficient.
Justification
This new paragraph provides just a few examples of incentives that could be used in order to promote energy efficient choices.
Amendment  44 Proposal for a directive Article 11 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) products with equivalent functionality available on the market shall have a wide disparity in the relevant performance levels;	deleted
Justification
In cases where products with the same functionality have a wide disparity of the performance level, it would be more efficient to develop Eco-design measures and thereby phase out the least efficient products from the market.
Amendment  45 Proposal for a directive Article 11 – paragraph 2 – point c
Text proposed by the Commission	Amendment
(c) the Commission shall take into account relevant Community 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;	(c) the Commission shall take into account relevant Community legislation and self-regulation, such as voluntary agreements, when they are expected to achieve the policy objectives more quickly or at lesser expense than mandatory requirements;
Justification
It is not always guaranteed that voluntary agreements or self-regulation will ensure the effectiveness of the policy objectives.
Amendment  46 Proposal for a directive Article 11 – paragraph 3 – point a
Text proposed by the Commission	Amendment
(a) take into account those environmental parameters set out in Annex I, part 1, to Directive 2005/32/EC which are identified as significant in the relevant implementing measure adopted under Directive 2005/32/EC and which are relevant for the end-user during use;	(a) take into account those environmental parameters set out in Annex I, part 1, to Directive 2005/32/EC which are identified as significant in the relevant implementing measure adopted under Directive 2005/32/EC;
Justification
To ensure full coherence with the Ecodesign for Energy using products Directive (under revision) - which takes a life cycle approach- the last part of the sentence should be left out, as end-users may be interested in the overall environmental impact of a product during its entire life cycle.
Amendment  47 Proposal for a directive Article 11 – paragraph 3 – point c
Text proposed by the Commission	Amendment
(c) carry out appropriate consultation with stakeholders;	(c) carry out appropriate consultation with stakeholders, including manufacturers and their suppliers;
Amendment  48 Proposal for a directive Article 11 – paragraph 4 – point d
Text proposed by the Commission	Amendment
(d) the design and content of the label referred to in Article 4, which as far as possible shall have uniform design characteristics across product groups;	(d) the design and content of the label referred to in Article 4, which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clearly visible and legible, and at the same time retain as a basis the main elements of the current label (closed-scale A- G classification), which are simple and recognisable; where appropriate the label shall also indicate a period of validity;
Amendment  49 Proposal for a directive Article 11 – paragraph 4 – point j
Text proposed by the Commission	Amendment
(j) the duration of label classification(s), where appropriate;	j) the duration of the label classification(s), which cannot exceed a three-year period, and the next date of their review taking into consideration the pace of innovation of the product;
Justification
As energy efficiency is one of the main tools for the EU to combat climate change, it is very important to take into account in due time the newest technological development.
Amendment  50 Proposal for a directive Article 11 a (new)
Text proposed by the Commission	Amendment
	Article 11a
	Priority list for implementation
	The Commission shall no later than six months after the entry into force of this Directive, communicate to the European Parliament and Member States a list of priority products, including construction products, which are proposed for labelling, based on their energy saving potential.
Justification
The feasibility study is necessary in order to ensure that the Implementing measures of the Directive will move towards the right group of products for optimal results. The Commission shall be responsible to prepare a list of priority products to be labelled and this list must be communicated to the Members States and the European Parliament for their information and remarks.
Amendment  51 Proposal for a directive Article 11 b (new)
Text proposed by the Commission	Amendment
	Article 11b
	Feasibility for extension of scope
	No later than 2010, the Commission shall carry out a feasibility study to examine whether, through adoption of implementing measures, the label shall also provide information to end-users regarding the product's impact on significant energy and other essential resources throughout its entire life cycle.
Justification
The feasibility study is necessary in order to ensure that the Implementing measures of the Directive will move towards the right group of products for optimal results. The Commission shall be responsible to prepare a list of priority products to be labelled and this list must be communicated to the Members States and the European Parliament for their information and remarks.
Amendment  52 Proposal for a directive Article 12
Text proposed by the Commission	Amendment
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and its implementing measures and shall take the necessary measures to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall notify these provisions to the Commission by the date specified in Article 13(1) at the latest and shall notify it without delay of any subsequent amendment affecting them.	Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and its implementing measures and shall take the necessary measures to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall also be responsible for strengthening the legal protection against unauthorised use of labelling. The Member States shall notify these provisions to the Commission by the date specified in Article 13(1) at the latest and shall notify it without delay of any subsequent amendment affecting them.
Justification
As more and more end-users trust the energy labelling scheme and use it as a major criterion for their decisions, it is critical for the Member-States to make sure that there is no fraudulent use of the label.

• [1]  OJ C 77, 28.3.2002, p. 1.

EXPLANATORY STATEMENT

"FOR BETTER PRODUCTS AND BETTER CHOICES"

1. THE ENERGY EFFICIENCY TARGET

The global financial turmoil has demonstrated the fragility of our economies and state planning, as well as the stark deficiencies of the current system to face successfully any significant crisis. Only global solidarity and brave decisions will result in our world moving forward to a new sustainable future and fighting against the danger of letting the economic turmoil block action to build a low-carbon economy. This is exactly the reason why environmental issues and in particular energy efficiency gain new importance, as it becomes a valuable tool in our efforts to tackle climate change in an economically sustainable way, while at the same time it paves a new way for addressing the current economic and social crisis.

As Stern recently mentioned "more incentives to invest in energy efficiency during a recession and high oil prices, and spending on renewable and other low-carbon industries could help stimulate the economy".

Increasing energy efficiency is the quickest and most cost-effective manner to reduce greenhouse gases emissions and help the EU not just to meet its commitments under the Kyoto Protocol, but to sustain its leadership on the fight against climate change as well. There is the need to mobilise the general public and policy-makers, together with market actors, and to transform the internal energy market in a way that provides EU citizens with the globally most energy-efficient infrastructure, buildings, appliances and processes.

An effective energy-efficiency policy, both at European and national level, could make a major contribution to EU competitiveness and employment, which are central objectives of the Lisbon agenda. Addressing energy demand and energy use, is part of the EU energy policies and, as such, part of the set of priorities clear outlined in the 'Energy and Climate Package".

The EU has a deficit for the moment. In theory, it is thought that market forces would in time produce the most efficient outcome without interference. Today, we know that this is not true, considering the major social and environmental problems we have to face, such as energy poverty and climate change. We have to stress at this point that while it is vital that levels of consumption need to decrease in order to deal with the issue of climate change, a basic level of energy can be considered as essential within the EU to attain a basic standard of living- in order to heat or cool a home and to live comfortably. Although energy is a basic human need, the reality is that in many EU countries poor people are faced with a choice between paying excessive amounts for energy and accumulating debt or not paying bills which inevitably lead to other consequences.

In the current situation EU is urgently searching ways to get out from the recession. Ways that will create long-lasting growth and solid job opportunities. I strongly believe that the energy efficiency is part of the solution.

2. THE ENERGY LABELLING DIRECTIVE

The Energy Labelling Directive or ELD (92/75/EEC), which has been in place for over fifteen years, is considered successful by both the industrial sector and consumer organisations, but, at the same time, does not provide mechanisms to keep pace with technology evolution and product innovation. The aim of this recast is mainly to extend its scope in two ways: to allow the labelling of all energy related products in the household as well as in the commercial and industrial sectors, to extend its implementation to all products that consume energy directly or are responsible for energy consumption (e.g. windows).

Taking into consideration the urgent need to tackle climate change, to achieve the EU-wide target of 20% energy efficiency gains by 2020 and rationalise the energy choices and consumption of EU citizens and companies, the scope of the Directive currently in force seems limited. Being aware of the challenges and opportunities that arise from the promotion of sustainable products, the support of the overall objective of the Communication on the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan must be our ultimate target.

It has been estimated by the Commission (Impact Assessment SEC(2008)2861) that energy labelling has contributed to annual energy savings of approximately 3 Mtoe, corresponding to emission reductions of 14Mt of CO2 annually, over the period 1996-2004. Broadening the scope of the ELD to all energy-related products could lead to additional savings of some 27 Mtoe by 2020, corresponding to emission reduction of close to 80 Mt of CO2 in comparison to "business as usual".

The main target of the Directive is to enable end consumers to make wiser and more sustainable choices, by strengthening the information provided to them about energy and environmental characteristics of products and raising their awareness about the impact of their choices. All these factors can contribute to make markets more environmentally friendly and thereby protecting natural resources and the environment. To this respect it is necessary to apply a lifecycle approach (from cradle to grave), encompassing energy, but also all main relevant environmental aspects.

Our aim is to pave the way towards a win-win situation for both the market (boost innovation and sustainable technologies, conserve leading market status for EU manufacturers, create incentives for the improvement of production process and waste management) and the consumers (wider choice of sustainable and energy efficient products, energy savings that lead to cheaper energy bills) and at the same time to tackle the challenge of climate change.

· Scope

The ELD must be seen as part of a broader legal framework. It is therefore imperative to look carefully at other relevant legislation proposals, such as the Legislative Package on Public Procurement, the Eco-design Directive and the Buildings Directive. We have to consider by which way we can increase the synergies between these Directives. How can we create a holistic approach, for better buildings and better products in terms both of energy and financial savings.

· Label layout

There are many different proposals regarding the layout of the label, one of which is a numerical open ended scale (e.g. 1 to 7 or from 3 to 9 with the top marks changing according to the newest technological developments). Recent consumer research has shown that end-users across the EU have a very high recognition of the current layout, the A to G label. It clearly demonstrated that the majority of respondents found the A-G scale easier to understand than the numerical scale. To ensure the future success of this Directive and in the light of extending the Framework to new product groups it will be crucial to build on the knowledge which consumers already have about the A-G label and, thus, this label format should remain the basis that will inform consumers about the energy efficiency of the products.

· Member-States' Responsibilities

The provisions on market surveillance need to be reinforced in order to ensure proper and EU-wide harmonised enforcement of the Energy Labelling Directive and its Implementing Measures. Member States must be required to take action against non-compliant suppliers and dealers within a precise timeframe (taking into account the nature of the product and its energy consumption) for a mandatory withdrawal of the specific product from the market in case of non-compliance and not only after the non-compliance continues.

Furthermore, regarding the report that Member States shall submit every two years to the Commission, which details their enforcement activities, we do believe that their content must be clarified, possibly through the setting -maybe in a voluntary form- of minimum requirements for a harmonised template.

· Distance Selling

It should be ensured that end-users will be able to receive the full information of the label, even if the product is bought by distance eg. via internet, tele-marketing. To this respect, it is imperative to strengthen the provisions for distance selling by asking for implementing measures that specify the format of the label for all kinds of distant selling.

· Information requirements

As regards to advertising, we consider a matter of utmost importance - in the context of providing all the necessary information to consumers - to present in advertisements of all energy-related products the same information that is found in the label. This type of information requirement have already been put in practice in other cases, for example car advertisements provide the carbon dioxide emissions of the model.

· Implementing Measures

The implementing measures are designed to provide the end-users the necessary information through the label and technical fiche. Considering the importance of investing in better performing appliances, which have at the same time reduced running costs, we call the Commission to take up a feasibility study on whether the label - through the adoption of relevant implementing measures - should also provide information to end-users regarding all the significant environmental impacts throughout the entire life cycle of a product.

End--users must be able to distinguish newly developed products from older products already in the high labelling classes. Article 11 §4 (j) provides that implementing measures shall specify the "duration of the label classifications [...]", but in order to make this provision more effective, it should be modified in such a way that implementing measures will specify the latest date of their review. This way, the progress of the market could be checked regularly, based on data from retailers. We believe that in the light of the technological progress and/or market shares in the A class, the label must be revised in a regular basis, at least every 2-3 years.

· Public Procurement

As the public sector is a major buyer of energy using and energy saving products, it is critical that it leads by example, providing the industry and consumers with crucial confidence on the benefits of the label scheme. This in combination with the possibility of setting up precise and clear incentives (e.g. tax credits both for consumers buying the most energy-efficient appliances and for enterprises who produce and promote such equipment, agree to the reduction or abolition of value added tax on materials and components which improve energy efficiency in buildings) for the purchase of “greener” products could result in valuable energy savings for the accomplishment of the EU 2020 targets.

· Penalties

We fully support that Member-States should impose penalties and take all the necessary measures to ensure that all obligations are implemented. It must be clearly stated that the penalties will also apply to any case of unauthorised use of the labelling. It is also worth considering the possibility of setting up a mechanism where the detection of infringement in one Member-State will be communicated to all Member-States where the product is being marketed under the same –wrong- conditions.

ANNEX : LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

Ref.: D(2009)14327

Ms Angelika NIEBLER

Chair of the Committee on Industry, Research and Energy

LOW T06021

STRASBOURG

Subject: Proposal for a recast: Directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products performance of buildings

(COM(2008)778 – C6‑0412/2008 – 2008/0222(COD))

Dear Madam,

The Committee on Legal Affairs, which I am honoured to chair, has examined the proposal referred to above, pursuant to Rule 80a on Recasting, as introduced into the Parliament's Rules of Procedure by its Decision of 10 May 2007.

Paragraph 3 of that Rule reads as follows:

"If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible.

In such a case, over and above the conditions laid down in Rules 150 and 151, amendments shall be admissible within the committee responsible only if they concern those parts of the proposal which contain changes.

However, amendments to the parts which have remained unchanged may be admitted by way of exception and on a case-by-case basis by the chairman of the above committee if he considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments".

Following the opinion of the Legal Service, whose representatives participated in the meetings of the Consultative Working Party examining the recast proposal, and in keeping with the recommendations of the draftsperson, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such in the proposal or in the opinion of the Consultative Working Party and that, as regards the codification of the unchanged provisions of the earlier acts with those changes, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

Furthermore, pursuant to Rules 80a(2) and 80(3), the Committee on Legal Affairs considered that the technical adaptations suggested in the opinion of the abovementioned Working Party were necessary in order to ensure that the proposal complied with the recasting rules.

In conclusion, after discussing it at its meeting of 9 March 2009, the Committee on Legal Affairs, by 16 votes in favour and no abstention[1], recommends that your Committee, as the committee responsible, proceed to examine the above proposal in keeping with its suggestions and in accordance with Rule 80a.

Yours faithfully,

Giuseppe GARGANI

Encl.: Opinion of the Consultative Working Party

• [1]  The following Members were present: Giuseppe Gargani (Chairman), Klaus-Heiner Lehne, Eva-Riitta Siitonen, Tadeusz Zwiefka, Neena Gill, Manuel Medina Ortega, Diana Wallis, Francesco Enrico Speroni, Monica Frassoni, Jean-Paul Gauzès, Kurt Lechner, Georgios Papastamkos, Gabriele Stauner, Ieke van den Burg, Vicente Miguel Garcés Ramón, Bill Newton Dunn.

ANNEX : OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

	GROUPE CONSULTATIF DES SERVICES JURIDIQUES

                      Brussels, 27.01.2009

OPINION

FOR THE ATTENTION OF           THE EUROPEAN PARLIAMENT

                                                                             THE COUNCIL

                                                                             THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products

COM(2008) 778 final of 13.11.2008 - 2008/0222 (COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 26 November and 4 December 2008 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At those meetings[1], an examination of the proposal for a directive of the European Parliament and of the Council recasting Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1) The following parts of the text of the recast proposal should have been identified by using the grey-shaded type generally used for marking substantive changes:

- in Article 2, the entire text of the fifth indent;

- in Article 3(1)(b), the word "consumers" (having been marked with double strikethrough) and the expression "end-users" (having been presented between adaptation arrows);

- in Article 5(6), the final sentence "The fiches used shall in all respects comply with this Directive and with the implementing directives" (marked with double strikethrough);

- in Article 7, the words "customer" and "customers" (marked with double strikethrough) and the expressions "end-user" and "end-users" (presented between adaptation arrows);

- in Article 11(4), introductory wording, the words "in particular" (presented between adaptation arrows).

2) After the date of presentation of the recast proposal, Directive 92/75/EEC was further amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny, published in Official Journal L 311 of 21 November 2008, p.1. By virtue of the adoption of that new amending act, the relevant parts of the recast text should have been presented as follows:

- between paragraphs 2 and 3 of Article 1, the wording of Article 1(2) of Directive 92/75/EEC, in respect of which a deletion is being proposed, should have read "Further types of household appliance may be added to the list in this Article. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2)";

- between paragraphs 1 and 2 of Article 4, the wording of Article 2(2) of Directive 92/75/EEC, in respect of which a deletion is being proposed, should have read "Details relating to the label and the fiche shall be defined by directives relating to each type of appliance adopted pursuant to this Directive. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2)";

- the wording of Article 9 of Directive 92/75/EEC, for which a complete deletion is being proposed, should have read as follows:

"The Commission shall adopt, and adapt to technical progress, measures relating to the establishment and operation of the scheme by way of implementing Directives and by way of the addition of further household appliances to the list in Article 1(1) where significant energy savings are likely to be achieved.

Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).".

3) In Annex I, Part B, in correspondence with the act number "92/75/EEC" a deadline for transposition of 1 July 1993 and a deadline for application of 1 January 1994 should be indicated. The indication "2009/[*]/EC" should be removed.

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such therein or in the present opinion. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing text, without any change in its substance.

C. PENNERA                                           J.-C. PIRIS                            C.-F.DURAND

Jurisconsult                                        Jurisconsult             Director General

• [1]  The Consultative Working Party had at its disposal the English, French and German language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.

PROCEDURE

Title	Labelling and standard product information of the consumption of energy and other resources by energy-related products (recast)
References	COM(2008)0778 – C6-0412/2008 – 2008/0222(COD)
Date submitted to Parliament	13.11.2008
Committee responsible        Date announced in plenary	ITRE 20.11.2008
Committee(s) asked for opinion(s)        Date announced in plenary	JURI 20.11.2008
Not delivering opinions        Date of decision	JURI 9.3.2009
Rapporteur(s)        Date appointed	Anni Podimata 10.12.2008
Discussed in committee	19.1.2009		11.2.2009
Date adopted	9.3.2009
Result of final vote	+: –: 0:	45 2 0
Members present for the final vote	Jan Březina, Giles Chichester, Dragoş Florin David, Pilar del Castillo Vera, Den Dover, Lena Ek, Norbert Glante, Umberto Guidoni, Fiona Hall, David Hammerstein, Rebecca Harms, Erna Hennicot-Schoepges, Mary Honeyball, Romana Jordan Cizelj, Werner Langen, Anne Laperrouze, Pia Elda Locatelli, Eluned Morgan, Reino Paasilinna, Atanas Paparizov, Francisca Pleguezuelos Aguilar, Anni Podimata, Miloslav Ransdorf, Herbert Reul, Teresa Riera Madurell, Paul Rübig, Andres Tarand, Catherine Trautmann, Claude Turmes, Nikolaos Vakalis, Adina-Ioana Vălean, Dominique Vlasto
Substitute(s) present for the final vote	Alexander Alvaro, Pilar Ayuso, Ivo Belet, Françoise Grossetête, Marie-Noëlle Lienemann, Erika Mann, Vittorio Prodi, Esko Seppänen, Vladimir Urutchev, Lambert van Nistelrooij
Substitute(s) under Rule 178(2) present for the final vote	Stavros Arnaoutakis, Elisabetta Gardini, Syed Kamall, Manolis Mavrommatis, Ulrike Rodust